Federal Register Vol. 81, No.214,

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76843-78019
FR Document

81_FR_214
Current View
Page and SubjectPDF
81 FR 76974 - Sunshine Act Meeting NoticePDF
81 FR 76950 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 76914 - Grant of Authority; Establishment of a Foreign-Trade Zone, Under the Alternative Site Framework, Vancouver, WashingtonPDF
81 FR 76916 - 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final DeterminationPDF
81 FR 76919 - Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of DutyPDF
81 FR 76920 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative ReviewPDF
81 FR 76915 - Approval of Subzone Status; Westlake Chemical Corporation; Sulphur, LouisianaPDF
81 FR 76915 - Foreign-Trade Zone 44-Morris County, New Jersey; Application for Subzone; AGFA Corporation; Branchburg, New JerseyPDF
81 FR 76945 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
81 FR 76946 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
81 FR 76957 - 60-Day Notice of Proposed Information Collection: Improving the Speed of Housing Recovery Program Launch After Severe DisastersPDF
81 FR 76914 - Foreign-Trade Zone (FTZ) 80-San Antonio, Texas; Notification of Proposed Production Activity; CGT U.S., Ltd.; (Polyvinyl Chloride (PVC) Coated Upholstery Fabric Cover Stock); New Braunfels, TexasPDF
81 FR 76962 - Notice of Additional Scoping Meeting for the Columbia River System Operations Environmental Impact StatementPDF
81 FR 76915 - Foreign-Trade Zone (FTZ) 44-Morris County, New Jersey; Authorization of Production Activity; Givaudan Flavors Corporation (Flavor Products); East Hanover, New JerseyPDF
81 FR 76942 - Clean Air Act Advisory Committee (CAAAC): Notice of MeetingPDF
81 FR 76962 - Notice on Outer Continental Shelf Oil and Gas Lease SalesPDF
81 FR 76953 - Florida; Amendment No. 1 to Notice of an Emergency DeclarationPDF
81 FR 76927 - 36(b)(1) Arms Sales NotificationPDF
81 FR 76942 - Environmental Impact Statements; Notice of AvailabilityPDF
81 FR 76968 - Proposed Extension of Information Collection; Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines)PDF
81 FR 76923 - Procurement List; AdditionPDF
81 FR 76923 - Procurement List; Proposed Addition and DeletionsPDF
81 FR 76955 - Georgia; Amendment No. 1 to Notice of an Emergency DeclarationPDF
81 FR 76955 - Florida; Amendment No. 2 to Notice of a Major Disaster DeclarationPDF
81 FR 76954 - Wisconsin; Major Disaster and Related DeterminationsPDF
81 FR 76956 - South Carolina; Amendment No. 4 to Notice of a Major Disaster DeclarationPDF
81 FR 76954 - South Carolina; Amendment No. 5 to Notice of a Major Disaster DeclarationPDF
81 FR 76994 - National Express LLC-Acquisition of Control-Trinity, Inc., Trinity Cars, Inc., and Trinity Student Delivery, LLCPDF
81 FR 76875 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management AreaPDF
81 FR 76955 - South Carolina; Amendment No. 6 to Notice of a Major Disaster DeclarationPDF
81 FR 76956 - South Carolina; Amendment No. 3 to Notice of a Major Disaster DeclarationPDF
81 FR 76954 - South Carolina; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
81 FR 76956 - South Carolina; Amendment No. 2 to Notice of a Major Disaster DeclarationPDF
81 FR 76874 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; 2016 General Category FisheryPDF
81 FR 76861 - Amendments to OFAC Regulations To Remove the Former Liberian Regime of Charles Taylor Sanctions Regulations and References to Fax-on-Demand ServicePDF
81 FR 76994 - Notice of Public MeetingPDF
81 FR 76992 - 30-Day Notice of Proposed Information Collection: Statement of Material Change, Merger, Acquisition, or Divestment of a Registered PartyPDF
81 FR 76932 - 36(b)(1) Arms Sales NotificationPDF
81 FR 76918 - Meeting of the United States Travel and Tourism Advisory BoardPDF
81 FR 76934 - 36(b)(1) Arms Sales NotificationPDF
81 FR 76939 - Innovative Solar 47, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 76939 - Midcontinent Independent System Operator, Inc.; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
81 FR 76938 - Quantum Power Corp; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 76941 - Combined Notice of FilingsPDF
81 FR 76939 - Combined Notice of Filings #1PDF
81 FR 76965 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: Capital Punishment Report of Inmates Under Sentence of DeathPDF
81 FR 76963 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Application and Permit for Permanent Exportation of Firearms (National Firearms Act) ATF F 9 (5320.9)PDF
81 FR 76964 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: National Drug Threat SurveyPDF
81 FR 76944 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 76943 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 76936 - Intent To Prepare a Draft Environmental Impact Statement, and Intent To Conduct Public Scoping Meetings for the Upper Susquehanna River Basin Comprehensive Flood Damage Reduction Study, New YorkPDF
81 FR 76938 - President's Council of Advisors on Science and TechnologyPDF
81 FR 76927 - Proposed Collection; Comment RequestPDF
81 FR 76972 - Privacy Act of 1974, as Amended; System of Records NoticePDF
81 FR 76865 - Special Local Regulations; Key West World Championship, Key West, FLPDF
81 FR 76966 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability ActPDF
81 FR 76967 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; American Time Use SurveyPDF
81 FR 76966 - Federal-State Unemployment Compensation Program: Certifications for 2016 Under the Federal Unemployment Tax ActPDF
81 FR 76960 - Notice of Availability of the Draft Archeological Resources Management Plan, Environmental Impact Statement, Knife River Indian Villages National Historic Site, North DakotaPDF
81 FR 76929 - 36(b)(1) Arms Sales NotificationPDF
81 FR 77002 - Sanctions Action Pursuant to Executive Order 13224PDF
81 FR 76913 - Agenda and Notice of Public Meeting of the Maine Advisory Committee; CorrectionPDF
81 FR 76949 - Withdrawal of 60-Day Notice of Proposed Information Collection: Unaccompanied Children Case Summary FormPDF
81 FR 76937 - Notice of Availability of Record of Decision for the Northwest Training and Testing Final Environmental Impact Statement/Overseas Environmental Impact StatementPDF
81 FR 77001 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Appraisals for Higher-Priced Mortgage LoansPDF
81 FR 76867 - International Trademark Classification ChangesPDF
81 FR 76877 - Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode LampsPDF
81 FR 76870 - Suspension of Community EligibilityPDF
81 FR 76924 - Agency Information Collection Activities: Comment RequestPDF
81 FR 76922 - Marine Mammals; File No. 15324PDF
81 FR 76922 - U.S. Integrated Ocean Observing System (IOOS®) Advisory CommitteePDF
81 FR 76969 - Notice of Intent To Award-Grant Awards for the Provision of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2017PDF
81 FR 77000 - Advisory Committee on Transportation EquityPDF
81 FR 76948 - Announcement of the Award of Nine Single-Source Program Expansion Supplement Grants Under the Unaccompanied Children's (UC) ProgramPDF
81 FR 76925 - Change to the Freight Carrier Registration Program (FCRP) Open SeasonPDF
81 FR 76912 - Black Hills National Forest Advisory BoardPDF
81 FR 76960 - Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of CaliforniaPDF
81 FR 76925 - Government-Industry Advisory Panel; Notice of Federal Advisory Committee MeetingPDF
81 FR 76944 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 76973 - Business and Operations Advisory Committee; Notice of MeetingPDF
81 FR 76931 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
81 FR 76974 - Advisory Committee for Education and Human Resources; Notice of MeetingPDF
81 FR 77003 - Privacy Act of 1974; Department of the Treasury, Bureau of Engraving and Printing (BEP) -.051-BEP Chief Counsel Files System of RecordsPDF
81 FR 76911 - Information Collection Request; Inventory Property ManagementPDF
81 FR 76999 - Notice of Proposed Buy America Public Interest Waiver for Hurricane Sandy Emergency Relief Work Performed for the World Trade CenterPDF
81 FR 76866 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LAPDF
81 FR 76889 - Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LAPDF
81 FR 76997 - Notice of Proposed Buy America Waiver for Replacement Parts on Diesel Multiple Unit Rail VehiclesPDF
81 FR 76953 - National Offshore Safety Advisory Committee; VacanciesPDF
81 FR 76913 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
81 FR 76962 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
81 FR 76991 - Florida Disaster Number FL-00121PDF
81 FR 76977 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to the Listing and Trading of Shares of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares Daily 4X US Market Futures Short Fund Under Commentary .02 to NYSE Arca Equities Rule 8.200PDF
81 FR 76975 - Order Granting a Limited Exemption From Rule 102 of Regulation M Concerning NASDAQ Stock Market LLC's New Product Support Incentives Pursuant to Regulation M Rule 102(e)PDF
81 FR 76988 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee SchedulePDF
81 FR 76987 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Provide for the Clearance of Additional Credit Default Swap ContractsPDF
81 FR 76990 - Florida Disaster Number FL-00120PDF
81 FR 76991 - Military Reservist Economic Injury Disaster Loans Interest Rate for First Quarter FY 2017PDF
81 FR 76990 - South Carolina Disaster Number SC-00041PDF
81 FR 76942 - Information Collections Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
81 FR 76991 - Florida Disaster Number FL-00120.PDF
81 FR 76990 - North Carolina Disaster Number NC-00081PDF
81 FR 76911 - Fremont and Winema Resource Advisory CommitteePDF
81 FR 76912 - Fremont and Winema Resource Advisory CommitteePDF
81 FR 76924 - Information Collection; Submission for OMB Review, Comment RequestPDF
81 FR 76997 - Notice of Cancellation of Environmental Impact Statement for the Norfolk International Airport, Norfolk, VirginiaPDF
81 FR 76997 - Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1BPDF
81 FR 76848 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 76949 - National Institute of Aging (NIA), National Institute of Mental Health (NIMH), and National Center for Advancing Translational Sciences (NCATS): Cooperative Research and Development Agreement (CRADA) and Licensing Opportunity for Ketamine for the Treatment of Depression and Other Anxiety-Related DisordersPDF
81 FR 76951 - Proposed Collection; 60-Day Comment Request; The Atherosclerosis Risk in Communities Study (National Heart Lung and Blood Institute)PDF
81 FR 76958 - Endangered Species; Receipt of Applications for PermitPDF
81 FR 76952 - National Institute of Mental Health Amended Notice of MeetingPDF
81 FR 76952 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of MeetingPDF
81 FR 76974 - Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978PDF
81 FR 76908 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 43PDF
81 FR 76948 - Submission for OMB Review; Comment RequestPDF
81 FR 76891 - Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to AttainmentPDF
81 FR 76899 - Medicare and Medicaid Programs; Fire Safety Requirements for Certain Dialysis FacilitiesPDF
81 FR 76863 - Technical Amendments to Various Bank Secrecy Act RegulationsPDF
81 FR 76859 - Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control RegimePDF
81 FR 76961 - Record of Decision for Non-Federal Oil and Gas Regulation Revision Environmental Impact Statement (EIS)PDF
81 FR 77972 - General Provisions and Non-Federal Oil and Gas RightsPDF
81 FR 76958 - Federal Property Suitable as Facilities To Assist the HomelessPDF
81 FR 76905 - Proposed Supplementary Rules for Fort Ord National Monument, CaliforniaPDF
81 FR 76857 - Establishment of Class E Airspace; Camden, ALPDF
81 FR 76858 - Establishment of Class E Airspace; Murray, KYPDF
81 FR 76886 - Proposed Establishment of Class E Airspace, Thermopolis, WYPDF
81 FR 76855 - Amendment of Class D and Class E Airspace; Eugene, OR, and Corvallis, ORPDF
81 FR 76854 - Amendment of Class E Airspace; Albany, ORPDF
81 FR 76888 - Proposed Amendment of Class E Airspace, Monongahela, PAPDF
81 FR 76845 - Airworthiness Directives; Pilatus Aircraft Ltd. AirplanesPDF
81 FR 76883 - Airworthiness Directives; Pilatus Aircraft Ltd. AirplanesPDF
81 FR 78015 - Defense Federal Acquisition Regulation Supplement: Offset Costs (DFARS Case 2015-D028)PDF
81 FR 78014 - Defense Federal Acquisition Regulation Supplement: Independent Research and Development Expenses (DFARS Case 2016-D017)PDF
81 FR 78012 - Defense Federal Acquisition Regulation Supplement: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2016-D014)PDF
81 FR 78011 - Defense Federal Acquisition Regulation Supplement: Contiguous United States (DFARS Case 2016-D005)PDF
81 FR 78008 - Defense Federal Acquisition Regulation Supplement: Enhancing the Effectiveness of Independent Research and Development (DFARS Case 2016-D002)PDF
81 FR 76885 - Airworthiness Directives; Turbomeca S.A. Turboshaft EnginesPDF
81 FR 76843 - Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) AirplanesPDF
81 FR 77834 - Medicare Program; End-Stage Renal Disease Prospective Payment System, Coverage and Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program Bid Surety Bonds, State Licensure and Appeals Process for Breach of Contract Actions, Durable Medical Equipment, Prosthetics, Orthotics and Supplies Competitive Bidding Program and Fee Schedule Adjustments, Access to Care Issues for Durable Medical Equipment; and the Comprehensive End-Stage Renal Disease Care ModelPDF
81 FR 76851 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 77008 - Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment ModelsPDF

Issue

81 214 Friday, November 4, 2016 Contents Agriculture Agriculture Department See

Farm Service Agency

See

Forest Service

Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Permit for Permanent Exportation of Firearms, 76963-76964 2016--26704 Army Army Department NOTICES Change to the Freight Carrier Registration Program Open Season, 76925 2016--26672 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76924 2016--26678 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76944-76945 2016--26667 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: End-Stage Renal Disease Prospective Payment System, etc., 77834-77969 2016--26152 Merit-Based Incentive Payment System and Alternative Payment Model Incentive under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models, 77435-77831 2016--25240 PROPOSED RULES Medicare and Medicaid Programs: Fire Safety Requirements for Certain Dialysis Facilities, 76899-76904 2016--26583 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76945-76947 2016--26743 2016--26745 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tribal Child Support Enforcement Direct Funding Request, 76948-76949 2016--26615 Unaccompanied Children Case Summary Form; Withdrawal, 76949 2016--26686 Single-Source Grants: Unaccompanied Children's Program, 76948 2016--26673 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee; Correction, 76913 2016--26687 Coast Guard Coast Guard RULES Drawbridge Operations: Tchefuncta River, Madisonville, LA, 76866-76867 2016--26655 Special Local Regulations: Key West World Championship, Key West, FL, 76865-76866 2016--26695 PROPOSED RULES Drawbridge Operations: Tchefuncta River, Madisonville, LA, 76889-76891 2016--26654 NOTICES Requests for Nominations: National Offshore Safety Advisory Committee, 76953 2016--26651 Commerce Commerce Department See

Economic Development Administration

See

Foreign-Trade Zones Board

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, 76923-76924 2016--26731 2016--26732 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appraisals for Higher-Priced Mortgage Loans, 77001-77002 2016--26683 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76924-76925 2016--26633 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Contiguous United States, 78011-78012 2016--26367 Enhancing the Effectiveness of Independent Research and Development, 78008-78011 2016--26366 Pilot Program on Acquisition of Military Purpose Nondevelopmental Items, 78012-78013 2016--26368 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Independent Research and Development Expenses, 78014-78015 2016--26369 Offset Costs, 78015-78019 2016--26377 Defense Department Defense Department See

Army Department

See

Defense Acquisition Regulations System

See

Engineers Corps

See

Navy Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76927 2016--26697 Arms Sales, 76927-76936 2016--26689 2016--26711 2016--26714 2016--26735 Charter Renewals: Department of Defense Wage Committee, 76931-76932 2016--26665 Meetings: Government-Industry Advisory Panel, 76925-76926 2016--26669
Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 76913-76914 2016--26650 Employment and Training Employment and Training Administration NOTICES Federal-State Unemployment Compensation Program: Certifications for 2016 under the Federal Unemployment Tax Act, 76966-76967 2016--26691 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps, 76877-76882 2016--26681 NOTICES Meetings: President's Council of Advisors on Science and Technology, 76938 2016--26698
Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Upper Susquehanna River Basin Comprehensive Flood Damage Reduction Study; Public Scoping Meetings, 76936-76937 2016--26699 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to Attainment, 76891-76899 2016--26584 NOTICES Environmental Impact Statements; Availability, 76942 2016--26734 Meetings; Clean Air Act Advisory Committee, 76942 2016--26738 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inventory Property Management, 76911 2016--26660 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Pilatus Aircraft Ltd. Airplanes, 76845-76848 2016--26431 Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes, 76843-76845 2016--26327 The Boeing Company Airplanes, 76848-76854 2016--25958 2016--26629 Class D and E Airspace; Amendments: Eugene, OR, and Corvallis, OR, 76855-76857 2016--26439 Class E Airspace; Amendments: Albany, OR, 76854-76855 2016--26437 Class E Airspace; Establishments: Camden, AL, 76857-76858 2016--26455 Murray, KY, 76858-76859 2016--26449 PROPOSED RULES Airworthiness Directives: Pilatus Aircraft Ltd. Airplanes, 76883-76884 2016--26429 Turbomeca S.A. Turboshaft Engines, 76885-76886 2016--26335 Class E Airspace; Amendments: Monongahela, PA, 76888-76889 2016--26436 Class E Airspace; Establishments: Thermopolis, WY, 76886-76888 2016--26440 NOTICES Environmental Impact Statements; Availability, etc.: Norfolk International Airport, Norfolk, VA; Cancellation, 76997 2016--26631 Passenger Facility Charge Programs: Draft FAA Order 5500.1B, 76997 2016--26630 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76942-76943 2016--26639 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 76870-76874 2016--26679 NOTICES Emergency and Related Determinations: Florida; Amendment No. 1, 76953-76954 2016--26736 Georgia; Amendment No. 1, 76955 2016--26730 Major Disaster Declarations: Florida; Amendment No. 2, 76955 2016--26728 South Carolina; Amendment No. 1, 76954 2016--26720 South Carolina; Amendment No. 2, 76956 2016--26719 South Carolina; Amendment No. 3, 76956-76957 2016--26721 South Carolina; Amendment No. 4, 76956 2016--26726 South Carolina; Amendment No. 5, 76954 2016--26725 South Carolina; Amendment No. 6, 76955-76956 2016--26722 Major Disasters and Related Determinations: Wisconsin, 76954-76955 2016--26727 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 76939-76942 2016--26706 2016--26707 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Innovative Solar 47, LLC, 76939 2016--26710 Quantum Power Corp, 76938-76939 2016--26708 Section 206 of the Federal Power Act: Midcontinent Independent System Operator, Inc., 76939 2016--26709 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 76944 2016--26702 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 76943-76944 2016--26701 Federal Transit Federal Transit Administration NOTICES Buy America Waivers: Hurricane Sandy Emergency Relief Work Performed for the World Trade Center, 76999-77000 2016--26656 Replacement Parts on Diesel Multiple Unit Rail Vehicles, 76997-76999 2016--26653 Financial Crimes Financial Crimes Enforcement Network RULES Bank Secrecy Act Regulations; Technical Amendments, 76863-76865 2016--26557 Fish Fish and Wildlife Service NOTICES Endangered Species Permits; Applications, 76958-76959 2016--26626 Foreign Assets Foreign Assets Control Office RULES Former Liberian Regime of Charles Taylor Sanctions Regulations, 76861-76863 2016--26717 NOTICES Blocking or Unblocking of Persons and Properties, 77002-77003 2016--26688 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: CGT U.S., Ltd., Foreign-Trade Zone 80, San Antonio, TX, 76914-76915 2016--26741 Givaudan Flavors Corp., Foreign-Trade Zone 44, Morris County, NJ, 76915-76916 2016--26739 Reorganizations under Alternative Site Framework: Establishment of a Foreign-Trade Zone, Vancouver, WA, 76914 2016--26757 Subzone Applications: AGFA Corp., Foreign-Trade Zone 44, Morris County, NJ, 76915 2016--26746 Subzone Approvals: Westlake Chemical Corp., Sulphur, LA, 76915 2016--26748 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 76912-76913 2016--26671 Fremont and Winema Resource Advisory Committee, 76911-76912 2016--26634 2016--26635 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving the Speed of Housing Recovery Program Launch after Severe Disasters, 76957-76958 2016--26742 Federal Properties Suitable as Facilities to Assist the Homeless, 76958 2016--26468 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class III Gaming Compact Taking Effect in the State of California, 76960 2016--26670 Industry Industry and Security Bureau RULES Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of Missile Technology Control Regime, 76859-76861 2016--26535 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Opportunity to Request Administrative Review, 76920-76922 2016--26749 Determinations of Sales at Less than Fair Value: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China, 76916-76918 2016--26755 Meetings: United States Travel and Tourism Advisory Board, 76918-76919 2016--26713 Quarterly Update to Annual Listing of Foreign Government Subsidies: Articles of Cheese Subject to an In-Quota Rate of Duty, 76919 2016--26751 International Trade Com International Trade Commission NOTICES Complaints: Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same, 76962-76963 2016--26649 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Capital Punishment Report of Inmates under Sentence of Death, 76965-76966 2016--26705 National Drug Threat Survey, 76964-76965 2016--26703 Consent Decrees: Consent Decrees under CERCLA, 76966 2016--26694
Labor Department Labor Department See

Employment and Training Administration

See

Mine Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Time Use Survey, 76967-76968 2016--26692
Land Land Management Bureau PROPOSED RULES Public Lands: Fort Ord National Monument, CA, 76905-76908 2016--26457 Legal Legal Services Corporation NOTICES Funding Availability: Grant Awards for the Provision of Civil Legal Services to Eligible Low-Income Clients, 76969-76972 2016--26675 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines), 76968-76969 2016--26733 National Archives National Archives and Records Administration NOTICES Privacy Act; Systems of Records, 76972-76973 2016--26696 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Heart, Lung, and Blood Institute—The Atherosclerosis Risk in Communities Study, 76951-76952 2016--26627 Cooperative Research and Development Agreements: Ketamine for the Treatment of Depression and other Anxiety-Related Disorders, 76949-76950 2016--26628 Meetings: Center for Scientific Review, 76950-76951 2016--26770 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 76952-76953 2016--26624 National Institute of Mental Health, 76952 2016--26625 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries; 2016 General Category Fishery, 76874-76875 2016--26718 Fisheries of the Exclusive Economic Zone Off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 76875-76876 2016--26723 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Amendment 43, 76908-76910 2016--26616 NOTICES Meetings: Integrated Ocean Observing System Advisory Committee; Teleconference, 76922-76923 2016--26676 Permits: Marine Mammals; File No. 15324, 76922 2016--26677 National Park National Park Service RULES General Provisions and Non-Federal Oil and Gas Rights, 77972-78005 2016--26489 NOTICES Environmental Impact Statements; Availability, etc.: Knife River Indian Villages National Historic Site Draft Archeological Resources Management Plan, North Dakota, 76960-76961 2016--26690 Non-Federal Oil and Gas Regulation Revision; Record of Decision, 76961-76962 2016--26492 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 76974 2016--26622 Meetings: Advisory Committee for Education and Human Resources, 76974 2016--26664 Business and Operations Advisory Committee, 76973-76974 2016--26666 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Northwest Training and Testing, 76937-76938 2016--26685 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 76974-76975 2016--26827 Ocean Energy Management Ocean Energy Management Bureau NOTICES Outer Continental Shelf Oil and Gas Lease Sales: List of Restricted Joint Bidders, 76962 2016--26737 Patent Patent and Trademark Office RULES International Trademark Classification; Changes, 76867-76870 2016--26682 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Columbia River System Operations, 76962 2016--26740 Securities Securities and Exchange Commission NOTICES Orders: NASDAQ Stock Market LLC, 76975-76977 2016--26646 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit LLC, 76987-76988 2016--26644 Miami International Securities Exchange LLC, 76988-76990 2016--26645 NYSE Arca, Inc., 76977-76986 2016--26647 Small Business Small Business Administration NOTICES Disaster Declarations: Florida, 76991-76992 2016--26636 2016--26638 Florida; Amendment 1, 76990-76991 2016--26643 Florida; Amendment 3, 76991 2016--26648 North Carolina; Amendment 9, 76990 2016--26637 South Carolina; Amendment 1, 76990 2016--26641 Military Reservist Economic Injury Disaster Loans: Interest Rate for First Quarter FY 2017, 76991 2016--26642 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Material Change, Merger, Acquisition, or Divestment of a Registered Party, 76992-76994 2016--26715 Meetings: Preparations for the International Maritime Organization Council, 76994 2016--26716 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemptions: National Express LLC, over Trinity, Inc., Trinity Cars, Inc., and Trinity Student Delivery, LLC, 76994-76997 2016--26724 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Transit Administration

NOTICES Meetings: Advisory Committee on Transportation Equity, 77000-77001 2016--26674
Treasury Treasury Department See

Comptroller of the Currency

See

Financial Crimes Enforcement Network

See

Foreign Assets Control Office

NOTICES Privacy Act; Systems of Records, 77003-77006 2016--26661
Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 77435-77831 2016--25240 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 77834-77969 2016--26152 Part IV Interior Department, National Park Service, 77972-78005 2016--26489 Part V Defense Department, Defense Acquisition Regulations System, 78008-78019 2016--26367 2016--26366 2016--26368 2016--26369 2016--26377 Reader Aids

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81 214 Friday, November 4, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-6544; Directorate Identifier 2014-NM-198-AD; Amendment 39-18704; AD 2016-22-15] RIN 2120-AA64 Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly Known as Saab AB, Saab Aerosystems) Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2012-24-06 for certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. AD 2012-24-06 required replacing the stall warning computer (SWC) with a new SWC that provides an artificial stall warning in icing conditions, and modifying the airplane for the replacement of the SWC. This new AD adds airplanes to the applicability, and adds requirements to replace the existing SWCs with new, improved SWCs, and to modify the airplane for the new replacement of the SWC. This new AD also reduces the compliance time for replacing the SWCs. This AD was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012-24-06, and are affected by the identified unsafe condition; and that the SWC required by AD 2012-24-06 contained erroneous logic. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane.

DATES:

This AD is effective December 9, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 9, 2016.

ADDRESSES:

For service information identified in this final rule, contact Saab AB, Saab Aeronautics, SE-581 88, Linköping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; email [email protected]; Internet http://www.saabgroup.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6544.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6544; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 2012-24-06, Amendment 39-17276 (77 FR 73279, December 10, 2012) (“AD 2012-24-06”). AD 2012-24-06 applied to certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The SNPRM published in the Federal Register on July 12, 2016 (81 FR 45072) (“the SNPRM”). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on December 17, 2015 (80 FR 78699) (“the NPRM”). The NPRM was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012-24-06, and are affected by the identified unsafe condition; and the SWC required by AD 2012-24-06 contained erroneous logic. The NPRM proposed to add airplanes to the applicability and to add requirements to replace the existing SWCs with new, improved SWCs and to modify the airplane for the new replacement of the SWC. The SNPRM proposed to reduce the compliance time for replacing the SWCs. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0218, dated September 29, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Saab AB, Saab Aeronautics Model 340A (SAAB/SF340A) and SAAB 340B airplanes. The MCAI states:

A few natural stall events, specifically when operating in icing conditions, have been experienced on SAAB 340 series aeroplanes, without receiving a prior stall warning.

This condition, if not corrected, could result in loss of control of the aeroplane.

To address this potential unsafe condition, SAAB developed a modified stall warning system, incorporating improved stall warning logic, and issued Service Bulletin (SB) 340-27-098 and SB 340-27-099, providing instructions to replace the Stall Warning Computer (SWC) with a new SWC, and instructions to activate the new SWC. The new system included stall warning curves optimized for operation in icing conditions, which are activated by selection of Engine Anti-Ice.

Consequently, EASA issued AD 2011-0219 to require installation of the improved SWC.

After that [EASA] AD was issued, in-service experience with the improved stall warning system revealed cases of premature stall warning activation during the take-off phase. In numerous recorded cases, the onset of stall warning occurred without the 6 minute delay after weight off wheels.

This condition, if not corrected, could lead to premature stick shaker activation and consequent increase in pilot workload during the take-off phase, possibly resulting in reduced control of the aeroplane.

To correct this unsafe condition, EASA issued AD 2013-0254 retaining the requirements of EASA AD 2011-0219, which was superseded, to require deactivation of the ice speed curves in the improved SWC on SAAB 340 aeroplanes, in accordance with SAAB SB 340-27-116.

Since EASA AD 2013-0254 was issued, SAAB developed a technical solution to eliminate the premature activation of the stall warning ice curves and issued SB 340-27-120 (modification of the existing Stall Warning System installation), SB 340-27-121 (activation of improved SWC for aeroplanes with a basic wing tip) and SB 340-27-122 (activation of improved SWC for aeroplanes with an extended wing tip). SAAB SB 340-27-120 provides modification and installation instructions valid for pre- and post-SB 340-27-097, 340-27-098, SB 340-27-099 and SB 340-27-116 aeroplanes. For aeroplanes modified in accordance with SAAB AB mod. No. 2650 and/or mod. No. 2859 which are no longer registered in Canada, SAAB AB issued SAAB AB SB 340-27-109 to provide modification and installation instructions to remove the ice speed curve function.

For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2013-0254, which is superseded, and requires modification of the Stall Warning and Identification System and replacement of the SWC with an improved unit.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6544.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM or on the determination of the cost to the public.

Conclusion

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

• Are consistent with the intent that was proposed in the SNPRM for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

Saab AB, Saab Aeronautics has issued the following service information:

• Saab Service Bulletin 340-27-109, dated April 14, 2014.

• Saab Service Bulletin 340-27-116, dated October 18, 2013.

• Saab Service Bulletin 340-27-120, dated July 11, 2014.

• Saab Service Bulletin 340-27-121, dated July 11, 2014.

• Saab Service Bulletin 340-27-122, dated July 11, 2014.

The service information describes procedures for deactivating the stall warning speed curves in the SWCs for certain airplanes; replacing the existing SWCs with new, improved SWCs; and modifying the airplane for the new replacement of the SWC. These documents are distinct since they apply to different airplane models in different configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 105 airplanes of U.S. registry.

The actions required by AD 2012-24-06 and retained in this AD, take about 78 work-hours per product, at an average labor rate of $85 per work-hour. Required parts cost about $33,000 per product. Based on these figures, the estimated cost of the actions that were required by AD 2012-24-06 is $39,630 per product.

The new requirement of this AD adds no additional economic burden.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012-24-06, Amendment 39-17276 (77 FR 73279, December 10, 2012), and adding the following new AD: 2016-22-15 Saab AB, Saab Aeronautics: Amendment 39-18704; Docket No. FAA-2015-6544; Directorate Identifier 2014-NM-198-AD. (a) Effective Date

This AD is effective December 9, 2016.

(b) Affected ADs

This AD replaces AD 2012-24-06, Amendment 39-17276 (77 FR 73279, December 10, 2012) (“AD 2012-24-06”).

(c) Applicability

This AD applies to Saab AB, Saab Aeronautics (formerly known as Saab AB, Saab Aerosystems) Model 340A (SAAB/SF340A) and SAAB 340B airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD.

(1) Model 340A (SAAB/SF340A) airplanes, serial numbers 004 through 159 inclusive.

(2) Model SAAB 340B airplanes, serial numbers 160 through 459 inclusive, except serial numbers 170, 342, 362, 363, 367, 372, 379, 385, 395, 405, 409, 431, 441, and 455.

(d) Subject

Air Transport Association (ATA) of America Code 27, Flight Controls.

(e) Reason

This AD was prompted by a determination that airplanes with certain modifications were excluded from the applicability in AD 2012-24-06, and are affected by the identified unsafe condition; and the stall warning computer (SWC) required by AD 2012-24-06 contained erroneous logic. We are issuing this AD to prevent natural stall events during operation in icing conditions, which could result in loss of control of the airplane.

(f) Compliance

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

(g) Deactivation of Stall Speed Curves

For airplanes identified in paragraphs (g)(1) and (g)(2) of this AD: Within 30 days after the effective date of this AD, do the deactivation specified in paragraph (g)(1) or (g)(2) of this AD, as applicable to airplane configuration, in accordance with the Accomplishment Instructions of Saab Service Bulletin 340-27-116, dated October 18, 2013.

(1) For airplanes with a basic wing tip that has been modified using Saab Service Bulletin 340-27-098: Deactivate the stall speed curves in the SWC having part number (P/N) 0020AK6.

(2) For airplanes with an extended wing tip that has been modified using Saab Service Bulletin 340-27-099: Deactivate the stall speed curves in the SWC having P/N 0020AK7.

(h) Replacement of SWCs

Within 3 months after the effective date of this AD: Do the replacement specified in paragraph (h)(1) or (h)(2) of this AD, as applicable.

(1) For airplanes with basic wing tips: Replace all SWCs with new, improved SWCs having P/N 0020AK6-1, in accordance with the Accomplishment Instructions of Saab Service Bulletin 340-27-121, dated July 11, 2014.

(2) For airplanes with extended wing tips: Replace all SWCs with new, improved SWCs having P/N 0020AK7-1, in accordance with the Accomplishment Instructions of Saab Service Bulletin 340-27-122, dated July 11, 2014.

(i) Concurrent Modification

Before or concurrently with the accomplishment of the applicable requirements of paragraph (h) of this AD, do the actions specified in paragraph (i)(1) or (i)(2) of this AD, as applicable to airplane configuration.

(1) For airplanes on which either Saab AB Modification 2650 or Modification 2859 is not installed: Modify the stall warning and identification system, in accordance with the Accomplishment Instructions of Saab Service Bulletin 340-27-120, dated July 11, 2014.

(2) For airplanes on which either Saab AB Modification 2650 or Modification 2859 is installed, or on which both modifications are installed: Modify the stall warning and identification system, in accordance with the Accomplishment Instructions of Saab Service Bulletin 340-27-109, dated April 14, 2014.

(j) Parts Installation Prohibitions

After the replacement required by paragraph (h) of this AD, no person may install any SWC having P/N 0020AK, 0020AK1, 0020AK2, 0020AK4, 0020AK6, 0020AK7, or 0020AK3 MOD 1, on any airplane.

(k) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1112; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

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

(l) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0218, dated September 29, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-6544.

(m) Material Incorporated by Reference

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

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

(i) Saab Service Bulletin 340-27-109, dated April 14, 2014.

(ii) Saab Service Bulletin 340-27-116, dated October 18, 2013.

(iii) Saab Service Bulletin 340-27-120, dated July 11, 2014.

(iv) Saab Service Bulletin 340-27-121, dated July 11, 2014.

(v) Saab Service Bulletin 340-27-122, dated July 11, 2014.

(3) For service information identified in this AD, contact Saab AB, Saab Aeronautics, SE-581 88, Linköping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; email [email protected]; Internet http://www.saabgroup.com.

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

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

Issued in Renton, Washington, on October 25, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-26327 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9356; Directorate Identifier 2016-CE-033-AD; Amendment 39-18701; AD 2016-22-12] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as wear and cracks on the stabilizer-trim attachment and structural components. We are issuing this AD to require actions to address the unsafe condition on these products.

DATES:

This AD is effective November 4, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 4, 2016.

We must receive comments on this AD by December 19, 2016.

ADDRESSES:

You may send comments by any of the following methods:

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

Fax: (202) 493-2251.

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

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 STANS, Switzerland; telephone: +41 41 619 3333; fax: +41 41 619 7311; Internet: http://www.pilatus-aircraft.com. You may view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-9356.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9356; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2016-0202-E, dated October 7, 2016 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

Wear and cracks on the stabilizer-trim attachment and relevant structural components have been reported on aeroplanes having accomplished Pilatus Service Bulletin (SB) 53-001 Revision 1, as previously required by FOCA AD HB-2005-263.

Subsequent investigation identified that slightly asymmetric installation and/or operational conditions may result in strong stabilizer vibration, causing crack initiation in the stabilizer-trim attachment fitting or connecting piece.

This condition, if not detected and corrected, may lead to a failure of the fitting or connecting piece, possibly resulting in disconnection of the horizontal stabilizer rear attachment, with consequent loss of control of the aeroplane.

To address this potential unsafe condition, Pilatus issued SB No. 53-003 (hereafter referred to as `the SB' in this AD) to provide inspection instructions.

For the reason described above, this AD requires visual and non destructive inspections of the affected stabilizer-trim attachment components and the related parts and structure to detect cracks, and, depending on findings, the replacement of the affected parts. This AD also provides additional requirements for installation of these parts.

You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9356. Related Service Information Under 1 CFR Part 51

Pilatus Aircraft Ltd. has issued PC-6 Service Bulletin No. 53-003, Revision 1, dated October 13, 2016. The service information describes procedures for inspecting the stabilizer-trim attachment components and the related parts and structure to detect cracks and replacing all cracked parts. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.

FAA's Determination and Requirements of This AD

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

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure of the stabilizer control system fitting or connecting piece could result in disconnection of the horizontal stabilizer rear attachment, with consequent loss of control. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9356; Directorate Identifier 2016-CE-033-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

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

Costs of Compliance

We estimate that this AD will affect 30 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to comply with the basic inspection requirements of this AD. The average labor rate is $85 per work-hour.

Based on these figures, we estimate the cost of this AD on U.S. operators to be $12,750, or $425 per product.

In addition, we estimate that any necessary follow-on replacement actions will take about 6 work-hours and require parts costing $2,000, for a cost of $2,510 per product. We have no way of determining the number of products that may need these actions.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave., SW., Washington, DC 20591. ATTN: Information Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new AD: 2016-22-12 Pilatus Aircraft Ltd.: Amendment 39-18701; Docket No. FAA-2016-9356; Directorate Identifier 2016-CE-033-AD. (a) Effective Date

This airworthiness directive (AD) becomes effective November 4, 2016.

(b) Affected ADs

None.

(c) Applicability

(1) This AD applies to PILATUS Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes, all manufacturer serial numbers, including MSN 2001 through 2092 (see Note 1 of paragraph c), certificated in any category.

Note 1 of paragraph (c):

For MSN 2001-2092, these airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.

(2) For the purpose of this AD, an “affected part” is any stabilizer-trim attachment component and the related parts and structure, as identified in Pilatus Aircraft Ltd. (Pilatus) PC-6 Service Bulletin (SB) No. 53-003, Revision 1, dated October 13, 2016.

(d) Subject

Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as wear and cracks on the stabilizer-trim attachment and structural components. This condition, if not corrected, could cause failure of the stabilizer control system fitting or connecting piece, which could result in disconnection of the horizontal stabilizer rear attachment with consequent loss of control.

(f) Actions and Compliance

Unless already done, do the following actions.

(1) For MSN 337 through 1005 and 2001 through 2092: Before further flight after November 4, 2016 (the effective date of this AD), do a visual inspection of the affected stabilizer-trim attachment and structural components following the Accomplishment Instructions in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(2) For MSN 337 through 1005 and 2001 through 2092: Within the next 100 hours time-in-service after November 4, 2016 (the effective date of this AD), do a visual inspection and dye-penetrant or eddy current inspection of the affected stabilizer-trim attachment and structural components following the Accomplishment Instructions in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(3) For MSN 337 through 1005 and 2001 through 2092: If any crack is found during any inspection required by paragraphs (f)(1) and (2) of this AD, before further flight, replace the affected part with a serviceable part following the Accomplishment Instructions in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016. For the purpose of this AD, a “serviceable part” is an affected part that is new, or has passed an inspection before installation following the Accomplishment Instructions in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(4) For MSN 337 through 1005 and 2001 through 2092: Within 10 days after the inspections required by paragraphs (f)(1) and (2) of this AD or within the next 10 days after the effective date of this AD, whichever occurs later, report the results to Pilatus at the address in paragraph (j)(3) of this AD using the Report Form in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(5) For all affected MSNs: As of November 4, 2016 (the effective date of this AD), an affected part listed in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016, may be installed provided it is a serviceable part. For the purpose of this AD, a “serviceable part” is an affected part that is new, or has passed an inspection before installation following the Accomplishment Instructions in Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(g) Credit for Actions Done Following Previous Service Information

This AD allows credit for the visual inspection required in paragraph (f)(1) of this AD if done before November 4, 2016 (the effective date of this AD), following Pilatus PC-6 SB No. 53-003, dated October 4, 2016. The dye-penetrant or eddy current inspection must still be done following Pilatus PC-6 SB No. 53-003, Revision 1, dated October 13, 2016.

(h) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

(2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

(i) Related Information

Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2016-0202-E, dated October 7, 2016, and Pilatus Aircraft Ltd. PC-6 Service Bulletin No. 53-003, dated October 4, 2016. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9356.

(j) Material Incorporated by Reference

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

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

(i) Pilatus Aircraft Ltd. PC-6 Service Bulletin No. 53-003, Revision 1, dated October 13, 2016.

(ii) Reserved.

(3) For Pilatus Aircraft Ltd. service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 STANS, Switzerland; telephone: +41 41 619 3333; fax: +41 41 619 7311; Internet: http://www.pilatus-aircraft.com.

(4) You may view this service information at the FAA, FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-9356.

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

Issued in Kansas City, Missouri on October 27, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-26431 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9306; Directorate Identifier 2016-NM-169-AD; Amendment 39-18707; AD 2016-22-18] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model MD-90-30 airplanes. This AD requires a detailed inspection of the forward and aft surfaces on the left and right sides at the cant station 1520 bulkhead for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, and repairs if necessary. This AD was prompted by a report of cracking in various structures in the fuselage cant station 1520 bulkhead. We are issuing this AD to detect and correct cracking in the bulkhead, which could result in reduced structural integrity of the airplane.

DATES:

This AD is effective November 21, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 21, 2016.

We must receive comments on this AD by December 19, 2016.

ADDRESSES:

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

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

Fax: 202-493-2251.

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

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

For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9306.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9306; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

George Garrido, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

We have received a report indicating an operator found cracking of various structures in the fuselage cant station 1520 bulkhead on a Model MD-90-30 airplane. The cracks were in the upper left area of the bulkhead, between longerons 5 and 10, in the web, lower tee cap, and the upper cap and (cap) doubler. The affected airplane had accumulated 52,993 total flight hours and 28,718 total flight cycles. Boeing analysis determined that the operational and limit loads cannot duplicate this condition, and the root cause is suspected to be the result of a high load event based on service experience. Cracking of the bulkhead, if not detected and corrected, could result in the inability of the structure to sustain limit loads, and consequent reduced structural integrity of the airplane. We are issuing this AD to correct the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016. The service information describes procedures for a detailed inspection of the forward and aft surfaces on the left and right sides at cant station 1520 bulkhead for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, and repairs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

AD Requirements

This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.” For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9306.

Differences Between This Proposed AD and the Service Information

Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016, specifies to contact the manufacturer for certain instructions, but this AD would require accomplishment of repair methods, modification deviations, and alteration deviations in one of the following ways:

• In accordance with a method that we approve; or

• Using data that meet the certification basis of the airplane, and that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because undetected cracking of the bulkhead may result in the inability of the structure to sustain limit loads, and consequent reduced structural integrity of the airplane. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2016-9306 and Directorate Identifier 2016-NM-169-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.

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

Costs of Compliance

We estimate that this AD affects 71 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Detailed inspection 2 work-hours × $85 per hour = $170 $0 $170 $12,070

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-22-18 The Boeing Company: Amendment 39-18707; Docket No. FAA-2016-9306; Directorate Identifier 2016-NM-169-AD. (a) Effective Date

    This AD is effective November 21, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model MD-90-30 airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by a report of cracking in various structures in the fuselage cant station 1520 bulkhead. We are issuing this AD to detect and correct cracking in the bulkhead, which could result in reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Detailed Inspection of the Cant Station 1520 Bulkhead

    At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016, except as required by paragraph (j) of this AD: On the left and right sides at the cant station 1520 bulkhead, do a detailed inspection of the forward and aft surfaces, for any crack in the upper cap and (cap) doubler, webs and doublers, stiffeners, and the lower tee cap between longerons 3 through 11, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016.

    (h) Repair of Cracks in the Bulkhead Web or Doubler

    If any crack is found in the bulkhead web or doubler, do the repair in accordance with Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016. Do all repairs before further flight.

    (i) Repair of Non-Web or Non-Doubler Cracks in the Bulkhead

    If any non-web or non-doubler crack is found in the bulkhead, repair before further flight using a method approved in accordance with the procedures specified in paragraph (l) of this AD.

    (j) Service Information Exception

    Where paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016, specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (k) Special Flight Permit

    Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the airplane can be repaired, but if any crack is found as identified in Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016, concurrence by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, is required before issuance of the special flight permit.

    (l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (m) of this AD. Information may be emailed to: 9-ANM-LAACO-AMOC-Re[email protected]

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (4) Except as required by paragraph (j) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (l)(4)(i) and (l)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (m) Related Information

    For more information about this AD, contact George Garrido, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5232; fax: 562-627-5210; email: [email protected]

    (n) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin MD90-53A037, dated September 19, 2016.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on October 26, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-26629 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6669; Directorate Identifier 2015-NM-191-AD; Amendment 39-18698; AD 2016-22-09] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2006-20-11 for certain The Boeing Company Model 757-200, -200CB, and -200PF series airplanes. AD 2006-20-11 required initial and repetitive detailed or high frequency eddy current (HFEC) inspections for cracks around the rivets at the upper fastener row of the skin lap splice of the fuselage, and repair of any crack found. This new AD no longer allows the detailed inspections and instead requires repetitive external HFEC inspections for cracking of the skin lap splices of the fuselage, and repair if necessary. This AD was prompted by an evaluation done by the design approval holder (DAH) indicating that the fuselage skin lap splice is subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct fatigue cracking at certain skin lap splice locations of the fuselage, which could result in reduced structural integrity and rapid decompression of the airplane.

    DATES:

    This AD is effective December 9, 2016.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 9, 2016.

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of November 8, 2006 (71 FR 58485, October 4, 2006).

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6669.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6669; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Eric Schrieber, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5348; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2006-20-11, Amendment 39-14781 (71 FR 58485, October 4, 2006) (“AD 2006-20-11”). AD 2006-20-11 applied to certain The Boeing Company Model 757-200, -200CB, and -200PF series airplanes. The NPRM published in the Federal Register on May 12, 2016 (81 FR 29508) (“the NPRM”). The NPRM was prompted by an evaluation done by the DAH indicating that the fuselage skin lap splice is subject to WFD. The NPRM proposed to require repetitive external HFEC inspections for cracking of the skin lap splices of the fuselage, and repair if necessary. We are issuing this AD to detect and correct fatigue cracking at certain skin lap splice locations of the fuselage, which could result in reduced structural integrity and rapid decompression of the airplane.

    Comments

    We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment.

    Support of the NPRM

    FedEx provided comments that supported the intent of the NPRM.

    Request To Change Compliance Time

    Boeing and United Airlines (UA) asked that we change the compliance time for the repetitive HFEC inspections specified in paragraph (j) of the proposed AD. Boeing learned that some operators began doing inspections long before the 37,500-flight-cycle threshold was attained. Boeing stated that the compliance table in Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, provided grace periods for doing the HFEC inspections after doing previous inspections, but did not provide for previous inspections being done within the grace period or before the required threshold of 37,500 flight cycles, whichever occurs later. Boeing added that, as written, the service information specifies repetitive inspections within 3,000 flight cycles after any previous detailed inspection and within 12,000 flight cycles after any previous HFEC inspection—even if the interval occurred before the 37,500-flight-cycle threshold.

    UA stated that if an operator decided to proactively accomplish either a detailed or HFEC inspection before the specified compliance time in, and in accordance with either Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005 or Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, then the inspection would have to be repeated within 3,000 or 12,000 flight cycles, depending on which inspection was previously done. UA stated that this compliance time could be much sooner than the intended 37,500 flight cycles. UA noted that it discussed this problem with Boeing and hoped it could be clarified in the NPRM.

    We agree with the commenters' requests to change the compliance time for the repetitive HFEC inspections specified in paragraph (j) of this AD. According to the proposed AD, operators that accomplished the inspections early would be required to do the inspections before reaching the inspection threshold specified in paragraph (j) of the proposed AD. It was not the intent of Boeing or the FAA to require that the airplane be inspected prior to reaching the required threshold. Therefore, we have added new paragraphs (j)(1) and (j)(2) to this AD to include the additional compliance times.

    Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the supplemental type certificate (STC) ST01518SE does not affect compliance with the actions specified in the NPRM.

    We agree with the commenter. We have redesignated paragraph (c) of the proposed AD as (c)(1) and added a new paragraph (c)(2) to this AD to state that installation of STC ST01518SE does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01518SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    Request To Include Approved Repairs in Revised Service Information

    UA asked that instructions for approved repairs be incorporated into the next revision of Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, as an AMOC to the NPRM. UA stated that the lack of approved repairs in the service information adds a significant burden to operators, Boeing Designated Airworthiness Representatives, and the Los Angeles Aircraft Certification Office.

    We acknowledge the commenter's concern. If the service information is revised to include instructions for approved repairs, affected operators may request approval to use the later revision of the referenced service information as an AMOC, under the provisions of paragraph (m) of this AD. We have made no change to this AD in this regard.

    Conclusion

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

    • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and

    • Do not add any additional burden upon the public than was already proposed in the NPRM.

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015. The service information describes procedures for repetitive external HFEC inspections for cracking of the skin lap splices of the fuselage. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 572 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspections [retained actions from AD 2006-20-11] Up to 20 work-hours × $85 per hour = up to $1,700 per inspection cycle $0 Up to $1,700 per inspection cycle Up to $972,400 per inspection cycle. New inspections Up to 20 work-hours × $85 per hour = up to $1,700 per inspection cycle $0 Up to $1,700 per inspection cycle Up to $972,400 per inspection cycle.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2006-20-11, Amendment 39-14781 (71 FR 58485, October 4, 2006), and adding the following new AD: 2016-22-09 The Boeing Company: Amendment 39-18698; Docket No. FAA-2016-6669; Directorate Identifier 2015-NM-191-AD. (a) Effective Date

    This AD is effective December 9, 2016.

    (b) Affected ADs

    This AD replaces AD 2006-20-11, Amendment 39-14781 (71 FR 58485, October 4, 2006) (“AD 2006-20-11”). This AD affects AD 2006-11-11, Amendment 39-14615 (71 FR 30278, May 26, 2006) (“AD 2006-11-11”).

    (c) Applicability

    (1) This AD applies to The Boeing Company Model 757-200, -200CB, and -200PF series airplanes, certificated in any category, as identified in Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015.

    (2) Installation of Supplemental Type Certificate (STC) ST01518SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38B606833BBD98B386257FAA00602538?OpenDocument&Highlight=st01518se) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

    (e) Unsafe Condition

    This AD was prompted by an evaluation done by the design approval holder indicating that the fuselage skin lap splice is subject to widespread fatigue damage. We are issuing this AD to detect and correct fatigue cracking at certain skin lap splice locations of the fuselage, which could result in reduced structural integrity and rapid decompression of the airplane.

    (f) Compliance

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

    (g) Retained Initial and Repetitive Inspections, With Terminating Action

    This paragraph restates the requirements of paragraph (f) of AD 2006-20-11, with terminating action. Do initial and repetitive detailed or high frequency eddy current (HFEC) inspections for cracking around the rivets at the upper fastener row of the skin lap splice of the fuselage by doing all the actions in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, except as provided by paragraphs (h) and (i) of this AD. Do the inspections at the applicable times specified in Paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005; except where Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, specifies a compliance time “after the original release date of this service bulletin,” this AD requires compliance after November 8, 2006 (the effective date of AD 2006-20-11). Accomplishing an inspection required by paragraph (j) of this AD terminates the inspections required by this paragraph.

    (h) Retained Repair, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2006-20-11, with no changes. If any crack is found during any inspection required by paragraph (g) of this AD: Before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (m) of this AD.

    (i) Retained Provision Regarding Reporting, With No Changes

    This paragraph restates the provision specified in paragraph (h) of AD 2006-20-11, with no changes. Although Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, recommends that inspection results be reported to the manufacturer, this AD does not include that requirement.

    (j) New Repetitive Inspections

    At the applicable time specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, except as provided by paragraphs (j)(1), (j)(2), and (l)(1) of this AD: Do an external HFEC inspection for cracking of the skin lap splices of the fuselage, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015. Repeat the inspection thereafter at the applicable times specified in table 1 of paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015. Doing an inspection required by this paragraph terminates the inspections required by paragraph (g) of this AD.

    (1) For airplanes on which Option 1 (detailed inspection) of Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, has been done: Repeat the HFEC inspection before the accumulation of 37,500 total flight cycles, or within 3,000 flight cycles after accomplishing the most recent detailed inspection, whichever occurs later.

    (2) For airplanes on which Option 2 (HFEC inspection) of Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005, has been done: Repeat the HFEC inspection before the accumulation of 37,500 total flight cycles, or within 12,000 flight cycles after accomplishing the most recent HFEC inspection, whichever occurs later.

    (k) Repair for Cracking Found During Inspections Required by Paragraph (j) of This AD

    If any cracking is found during any inspection required by paragraph (j) of this AD, repair before further flight using a method approved in accordance with the procedures specified in paragraph (m) of this AD.

    (l) Exceptions to Service Information

    (1) Where Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, specifies a compliance time “after the Revision 1 date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

    (2) Although Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015, specifies to contact Boeing for repair instructions, and specifies that action as “RC” (Required for Compliance), paragraph (k) of this AD requires repair before further flight using a method approved in accordance with the procedures specified in paragraph (m) of this AD.

    (m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (n)(1) of this AD. Information may be emailed to: [email protected]

    (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO, to make those findings. To be approved the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane and the approval must specifically refer to this AD.

    (4) AMOCs approved for AD 2006-20-11, are approved as AMOCs for the corresponding provisions of paragraphs (g) and (j) of this AD.

    (5) Except as required by paragraph (l)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (m)(5)(i) and (m)(5)(ii) apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (6) The inspections specified in paragraph (g) of this AD are approved as an AMOC to paragraph (h) of AD 2006-11-11 for the inspections of Significant Structural Items (SSI) 53-30-07 and 53-60-07 (fuselage lap splices, left and right upper fastener row) listed in the May 2003 or June 2005 revision of the Boeing 757 Maintenance Planning Data (MPD) Document D622N001-9. This AMOC applies only to the common areas identified in paragraphs (m)(6)(i) and (m)(6)(ii) of this AD. All provisions of AD 2006-11-11 that are not specifically referenced in the above statements remain fully applicable and must be complied with as specified in AD 2006-11-11. Operators may revise their maintenance or inspection program with these alternative inspections for common areas.

    (i) Common areas inspected before the effective date of this AD, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005.

    (ii) Common areas inspected in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015.

    (n) Related Information

    For more information about this AD, contact Eric Schrieber, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5348; fax: 562-627-5210; email: [email protected]

    (o) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on December 9, 2016.

    (i) Boeing Special Attention Service Bulletin 757-53-0090, Revision 1, dated November 19, 2015.

    (ii) Reserved.

    (4) The following service information was approved for IBR on November 8, 2006 (71 FR 58485, October 4, 2006).

    (i) Boeing Special Attention Service Bulletin 757-53-0090, dated June 2, 2005.

    (ii) Reserved.

    (5) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on October 20, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-25958 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3992; Airspace Docket No. 15-ANM-14] Amendment of Class E Airspace; Albany, OR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends Class E airspace at Albany Municipal Airport, Albany, OR. Advances in Global Positioning System (GPS) mapping accuracy and a reliance on precise geographic coordinates to define airport and airspace reference points have made this airspace redesign necessary for the safety and management of Instrument Flight Rules (IFR) operations.

    DATES:

    Effective 0901 UTC, January 5, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg. Ground Floor Rm. W12-140, Washington, DC 20590; Telephone: 1-800-647-5527, or 202-366-9826. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Albany Municipal Airport, Albany, OR.

    History

    On August 15, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Albany Municipal Airport, Albany, OR (81 FR 53964) Docket No. FAA-2015-3992. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. On August 29, 2016, the FAA received a request from Mr. Charles West for a pictorial overlay of the airspace proposal. On September 6, 2016, the FAA provided a diagram of the proposed changes via email to Mr. West and also to Senator Jeff Merkley, Mitch T. Swecker of the Oregon Department of Aviation, and to Mary Rosenblum of the Oregon Pilots Association. No other comments were received.

    Class D and Class E airspace designations are published in paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface at Albany Municipal Airport, Albany, OR. Controlled airspace extends to within a 6.7-mile radius of the airport to accommodate IFR departures up to 1,200 feet above the surface; includes a small extension to the southwest to accommodate IFR arrivals below 1,500 feet above the surface; and the segment east of longitude 123° is removed, as there are no IFR operations within that area. These modifications are necessary for the safety and management of IFR operations at the airport, while preserving the navigable airspace for aviation.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures”, paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005: Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth ANM OR E5 Albany, OR [Modified] Albany Municipal Airport, OR (Lat. 44°38′16″ N., long. 123°03′34″ W.)

    That airspace extending upward from 700 feet above the surface, within a 6.7-mile radius of Albany Municipal Airport, beginning at the 158° bearing from the airport clockwise to the 022° bearing, thence to the point of beginning, and that airspace 1.4 miles each side of the 230° bearing from the airport extending from the 6.7-mile radius to 8.5 miles southwest of the airport.

    Issued in Seattle, Washington, on October 24, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2016-26437 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3991; Airspace Docket No. 15-ANM-13] Amendment of Class D and Class E Airspace; Eugene, OR, and Corvallis, OR AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action amends Class E airspace designated as an extension, and Class E airspace extending upward from 700 feet above the surface at Mahlon Sweet Field Airport, Eugene, OR, to accommodate airspace redesign for the safety and management of Instrument Flight Rules (IFR) operations at the airport. Corvallis Municipal Airport is removed from the Mahlon Sweet Field Airport regulatory text by creating a stand-alone airspace designation for the airport. Additionally, this action updates the airport reference points for these airports in Class D and E airspace, as well as removes the Notice to Airmen (NOTAM) requirement noted in Class E surface area airspace.

    DATES:

    Effective 0901 UTC, January 5, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg. Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1-800-647-5527, or 202-366-9826. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA, 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Mahlon Sweet Field Airport, Eugene, OR, and Corvallis Municipal Airport, Corvallis, OR.

    History

    On August 15, 2016, the FAA published in the Federal Register (81 FR 53962) Docket No. FAA-2015-3991, a notice of proposed rulemaking (NPRM) to modify Class E airspace designated as an extension to a Class D or E surface airspace area, and Class E airspace extending upward from 700 feet above the surface, at Mahlon Sweet Field Airport, Eugene OR, and to establish Class E airspace extending upward from 700 feet above the surface at Corvallis Municipal Airport, Corvallis, OR. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. On August 29, 2016, the FAA received a request from Mr. Charles West for a pictorial overlay of the airspace proposal. On September 6, 2016, the FAA provided a diagram of the proposed changes via email to Mr. West and also to Senator Jeff Merkley, Mitch T. Swecker of the Oregon Department of Aviation, and to Mary Rosenblum of the Oregon Pilots Association. No other comments were received.

    Class D and Class E airspace designations are published in paragraph 5000, 6002, 6004, and 6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace designated as an extension to a Class D or Class E surface area, and Class E airspace extending upward from 700 feet above the surface at Mahlon Sweet Field Airport, Eugene, OR. The Class E surface extension to the north is slightly enlarged to contain aircraft using the VOR-A approach, and the extension to the south is enlarged to contain aircraft using the RNP (RNAV) Z instrument approaches as they descend below 1,000 feet above the surface. Class E airspace extending upward from 700 feet above the surface is reduced to the northeast and west of the airport to only that area necessary to contain IFR arrival aircraft descending below 1,500 feet above the surface, and IFR departure aircraft, until reaching 1,200 feet above the surface. The Class E airspace area extending upward from 1,200 feet above the surface is removed, as this airspace area is provided by the Bend, OR, Class E En Route airspace area.

    Also, this action creates stand-alone Class E airspace extending upward from 700 feet above the surface for Corvallis Municipal Airport, Corvallis, OR, thereby removing reference to Corvallis Municipal Airport from the Mahlon Sweet Field Airport airspace designation. The overall Class E airspace area near Corvallis Municipal Airport is slightly reduced north, and slightly enlarged west of the airport. The geographic coordinates of these airports are updated for all Class D and Class E airspace areas.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 5000: Class D Airspace. ANM OR D Eugene, OR [Modified] Mahlon Sweet Field Airport, OR (Lat. 44°07′29″ N., long. 123°12′43″ W.)

    That airspace extending upward from the surface to and including 2,900 feet MSL within a 4.6-mile radius of Mahlon Sweet Field Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.

    Paragraph 6002: Class E Airspace Designated as Surface Areas. ANM OR E2 Eugene, OR [Modified] Mahlon Sweet Field Airport, OR (Lat. 44°07′29″ N., long. 123°12′43″ W.)

    That airspace extending upward from the surface within a 4.6-mile radius of Mahlon Sweet Field Airport.

    Paragraph 6004: Class E Airspace Areas Designated as an Extension to a Class D or Class E Surface Area. ANM OR E4 Eugene, OR [Modified] Mahlon Sweet Field Airport, OR (Lat. 44°07′29″ N., long. 123°12′43″ W.)

    That airspace extending upward from the surface within 3 miles west and 2 miles east of the Mahlon Sweet Field Airport 008° bearing, extending from the 4.6-mile radius of the airport to 6.8 miles north of the airport, and within the area bounded by the airport 142° bearing clockwise to the airport 213° bearing, extending from the 4.6-mile radius to 13.5 miles south of the airport, and within the area bounded by the airport 213° bearing clockwise to the airport 226° bearing, extending from the 4.6-mile radius to 14 miles southwest of the airport.

    Paragraph 6005: Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM OR E5 Corvallis, OR [New] Corvallis Municipal Airport, OR (Lat. 44°29′50″ N., long. 123°17′22″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of Corvallis Municipal Airport, and 2.4 miles each side of the airport 007° bearing, extending from the 6-mile radius to 12.4 miles north of the airport, and 2.6 miles each side of the airport 104° bearing extending from the 6-mile radius to 7.1 miles east of the airport, and 2 miles each side of the airport 188° bearing extending from the 6-mile radius to 7.1 miles south of the airport.

    ANM OR E5 Eugene, OR [Modified] Mahlon Sweet Field Airport, OR (Lat. 44°07′29″ N., long. 123°12′43″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of Mahlon Sweet Field Airport, and that airspace within the area bounded by the airport 098° bearing clockwise to the airport 138° bearing, extending from the 6-mile radius to 18.3 miles southeast of the airport, and within the area bounded by the airport 138° bearing clockwise to the 170° bearing, extending from the 6-mile radius to 13.5 miles southeast of the airport, and within the area bounded by the airport 170° bearing clockwise to the 234° bearing, extending from the 6-mile radius to 18.3 miles southwest of the airport, and that airspace within 3.6 miles east and 8.5 miles west of the airport 008° bearing, extending from the 6-mile radius to 16 miles north of the airport.

    Issued in Seattle, Washington, on October 24, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2016-26439 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2012-1308; Airspace Docket No. 12-ASO-44] Establishment of Class E Airspace; Camden, AL AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace at Camden, AL to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Camden Municipal Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

    DATES:

    Effective 0901 UTC, January 5, 2017. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace at Camden Municipal Airport, Camden, AL.

    History

    On July 22, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace upward from 700 feet above the surface at Camden, AL, (81 FR 47737) Docket No. FAA-2012-1308, providing the controlled airspace required to support the new RNAV (GPS) standard instrument approach procedures for Camden Municipal Airport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E Airspace at Camden Municipal Airport, Camden, AL. Controlled airspace extending upward from 700 feet above the surface within a 7.7-mile radius of the airport is established for IFR operations.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, effective September 15, 2016, is amended as follows: Paragraph 6005. Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASO AL E5 Camden, AL [New] Camden Municipal Airport, AL (Lat. 31°58′47″ N., long. 87°20′21″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.7-mile radius of Camden Municipal Airport.

    Issued in College Park, Georgia, on October 21, 2016. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2016-26455 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-6775; Airspace Docket No. 16-ASO-9] Establishment of Class E Airspace; Murray, KY AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace at Murray, KY, to accommodate new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) serving Murray Calloway County Hospital Heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the heliport.

    DATES:

    Effective 0901 UTC, January 5, 2017. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace at Murray Calloway County Hospital Heliport, Murray, KY.

    History

    On July 22, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace extending upward from 700 feet above the surface at Murray, KY, (81 FR 47738) Docket No. FAA-2016-6775, providing the controlled airspace required to support the new Copter RNAV (GPS) standard instrument approach procedures for Murray Calloway County Hospital Heliport. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.11A dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E Airspace at Murray Calloway County Hospital Heliport, Murray, KY. Controlled airspace extending upward from 700 feet above the surface within a 6-mile radius of the heliport is established for IFR operations.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, effective September 15, 2016, is amended as follows: Paragraph 6005. Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASO KY E5 Murray, KY [New] Murray Calloway County Hospital Heliport, KY (Lat. 36°36′27″ N., long. 88°18′36″ W.)

    That airspace extending upward from 700 feet above the surface within a 6-mile radius of Murray Calloway County Hospital Heliport.

    Issued in College Park, Georgia, on October 21, 2016. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2016-26449 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR 738, 740, 742 and 746 [Docket No. 160810723-6723-01] RIN 0694-AH07 Amendments to the Export Administration Regulations: Update of Arms Embargoes on Cote d'Ivoire, Liberia, Sri Lanka and Vietnam, and Recognition of India as Member of the Missile Technology Control Regime AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes in controls on arms and related materiel to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam. BIS also updates the EAR to recognize the accession of India as a member of the Missile Technology Control Regime (MTCR).

    DATES:

    This rule is effective November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Elan Mitchell-Gee, telephone (202) 482-4252, email [email protected]

    SUPPLEMENTARY INFORMATION: Background

    In this rule, BIS amends the Export Administration Regulations (EAR) to implement certain United Nations Security Council Resolutions (UNSCRs) adopted in 2016 that terminated arms embargoes against Cote d'Ivoire (UNSCR 2283) and Liberia (UNSCR 2288). Further, BIS removes U.S. arms embargo-related controls on Sri Lanka to reflect the Consolidated Appropriations Act, 2016, and on Vietnam pursuant to a determination made by the Secretary of State and announced by the President.

    BIS aims to harmonize the arms embargo-related provisions in the EAR, expressly or by reference, with the Directorate of Defense Trade Control's (DDTC) regulation of arms embargoes in § 126.1 of the International Traffic in Arms Regulations (ITAR), “Prohibited Exports, Imports, and Sales to or from Certain Countries.” These actions further ongoing efforts to harmonize the EAR and the ITAR, and the President's Export Control Reform Initiative. The ITAR list incorporates countries subject to United Nations Security Council (UNSC) and U.S. arms embargoes. BIS primarily implements such controls through Country Group D: 5 “U.S. Arms Embargoed Countries,” in Supplement No. 1 to part 740 of the EAR. BIS also identifies specific countries subject to UNSC arms embargoes in part 746 of the EAR, and maintains controls on certain items pursuant to those embargoes on the Commerce Control List (CCL) in Supplement No. 1 to part 774.

    Countries listed in Country Group D:5 are subject to additional restrictions in the EAR, including on de minimis U.S. content, license exception availability, and licensing policy for certain items. For example, license applications for the export or reexport of items classified under 9x515 or “600 series” Export Control Classification Numbers (ECCNs) to countries in Country Group D:5 are reviewed consistent with the policies in § 126.1 of the ITAR, as provided in paragraph (b)(ii) of § 742.4 of the EAR. Additionally, license applications for items controlled on the CCL for United Nations Embargo reasons and destined to countries specified in § 746.1(b) of the EAR are not approved by BIS if the authorization would be contrary to the relevant UNSCR, to the extent consistent with United States national security and foreign policy interests. As a result of this rule, the relevant additional restrictions described above no longer apply to Cote d'Ivoire, Liberia, Sri Lanka, and Vietnam.

    Finally, on June 27, 2016, India acceded to the Missile Technology Control Regime (MTCR) as the 35th member. In this rule, BIS updates the EAR to recognize the status of India as a member of the Missile Technology Control Regime by amending paragraph (d) of § 742.5 to remove the reference to India as an adherent to the MTCR. This rule includes a conforming amendment.

    Respective Updates to EAR Arms Embargoes and Special Controls by Country Cote d'Ivoire

    The arms embargo against Cote d'Ivoire was initially imposed through UNSCR 1572 (2004). UNSCR 2283 terminated the arms embargo against Cote d'Ivoire on April 28, 2016, in recognition of the progress achieved in the stabilization of the country, including in relation to disarmament, demobilization and reintegration, security sector reform, national reconciliation and the fight against impunity, as well as the successful conduct of the presidential election of October 25, 2015. Accordingly, this rule removes the United Nations Embargo (UN) controls on Cote d'Ivoire by removing that country from the names of UNSC arms embargoed countries in § 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.

    Liberia

    The arms embargo against Liberia was initially imposed through UNSCR 788 on November 19, 1992, and was continued through subsequent resolutions, including UNSCR 1903 (2009). The UNSC terminated the arms embargo against Liberia on May 25, 2016, through UNSCR 2288, in recognition of that country's progress in the past 13 years in building stable, effective and resilient national institutions. Accordingly, this rule removes the UN controls on Liberia by removing that country from the names of UNSC arms embargoed countries in § 746.1(b) and from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.

    Sri Lanka

    The Department of State imposed a U.S. arms embargo on Sri Lanka on March 24, 2008, in accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110-161). However, licensing restrictions on Sri Lanka articulated in section 7044(e) of the Consolidated Appropriations Act, 2015 (Pub. L. 113-235) and in previous appropriations acts, were not carried forward in section 7044(e) of the Consolidated Appropriations Act, 2016 (Pub. L. 114-113). On May 4, 2016, DDTC announced that it would begin reviewing license applications for Sri Lanka on a case-by-case basis. Accordingly, this rule removes Sri Lanka from Country Group D:5 in Supplement No. 1 to part 740 of the EAR.

    Vietnam

    Starting in the 1960s, the Department of State imposed a lethal arms sales embargo against Vietnam. Pursuant to a determination by the Secretary of State, the President announced the United States' termination of the U.S. arms embargo against Vietnam on May 23, 2016, in furtherance of deepening and broadening ties between the United States and Vietnam since the normalization of diplomatic relations. Accordingly, BIS removes Vietnam from Country Group D:5 in Supplement No.1 to part 740 the EAR.

    International Export Control Regime Update: India, Member MTCR

    On June 27, 2016, India formally acceded to the MTCR as the 35th member. Prior to India's MTCR membership, India's commitment to the U.S.-India bilateral understanding contributed to the country's status as an “MTCR adherent” and placed the country among likeminded MTCR members in Country Group A:2 in Supplement No. 1 to part 740. In this rule, BIS formally recognizes India's status as a member of MTCR by removing the reference to India as only an “MTCR adherent” from paragraph (d) of § 742.5 of the EAR.

    Conforming Amendment

    Footnote notations appear next to countries listed in the Commerce Country Chart in Supplement No. 1 to part 738 of the EAR that are subject to UNSC arms embargos. BIS removes that notation for Cote d'Ivoire and Liberia to conform to the termination of UNSC arms embargoes against those countries.

    Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 4, 2016, 81 FR 52587 (August 8, 2016), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637.

    Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute 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 rule has been determined to be not significant for purposes of Executive Order 12866.

    2. Notwithstanding any other provision of law, no person is required to respond to, nor is subject to a penalty for failure to comply with, a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid OMB control number. This rule affects two approved collections: (1) The Simplified Network Application Processing + Redesign system (control number 0694-0088), which carries a burden hour estimate of 43.8 minutes, including the time necessary to submit license applications, among other things, as well as miscellaneous and other recordkeeping activities that account for 12 minutes per submission; and (2) License Exceptions and Exclusions (0694-0137). This rule is not expected to increase the number of submissions under these collections.

    3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132.

    4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military or foreign affairs function of the United States under 5 U.S.C. 553(a)(1). This final rule implements U.S. multilateral commitments pursuant to United Nations Security Council arms embargoes. The sanctions against Cote d'Ivoire and Liberia were promulgated in part to fulfill U.S. obligations and serve collective security interests by implementing United Nations Security Council arms embargoes. Furthermore, arms embargoes were imposed on Sri Lanka and Vietnam by the United States to advance national and regional stability and security. Termination of these embargoes under the EAR recognizes progress in the security situations in Cote d'Ivoire and Liberia, changes in legislative mandates related to Sri Lanka, and the evolution of U.S. relations with Vietnam, and updates the EAR to bring it in line with those changes, including with international authorities supported by the United States and which already are in effect. Lastly, these updates and the recognition of India as a member of the MTCR help to prevent confusing the public as to the status of the named destinations for purposes of export controls under the EAR. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Therefore, this regulation is issued in final form and is made effective immediately upon publication.

    List of Subjects 15 CFR Part 738

    Exports.

    15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.

    15 CFR Part 742

    Exports, Terrorism.

    15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 738, 740, 742 and 746 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows:

    PART 738—[AMENDED] 1. The authority citation for part 738 continues to read as follows: Authority:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

    Supplement No. 1 to Part 738—[Amended] 2. Supplement No. 1 to part 738 “Commerce Country Chart” is amended by removing the footnote notation number 1 from “Cote d'Ivoire” and “Liberia”. PART 740—[AMENDED] 3. The authority citation for part 740 continues to read as follows: Authority:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

    Supplement No. 1 to Part 740—[Amended] 4. Supplement No. 1 to part 740, Country Group D, is amended by: a. Removing the entries for “Cote d'Ivoire”, “Liberia” and “Sri Lanka”; and b. Removing the “X” under column D:5 “U.S. Arms Embargoed Countries” for “Vietnam”. PART 742—[AMENDED] 5. The authority citation for part 742 continues to read as follows: Authority:

    50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2015, 80 FR 70667 (November 13, 2015); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

    § 742.5 [Amended]
    6. Section 742.5 is amended by removing the clause “, and India as an MTCR adherent,” from the first sentence of paragraph (d). PART 746—[AMENDED] 7. The authority citation for 15 CFR part 746 continues to read as follows: Authority:

    50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 3, 2016, 81 FR 27293 (May 5, 2016); Notice of August 4, 2016, 81 FR 52587 (August 8, 2016).

    § 746.1 [Amended]
    8. Section 746.1 is amended by removing “Cote d'Ivoire (Ivory Coast),” and “Liberia,” from the list of countries in paragraph (b)(2). Dated: October 28, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration.
    [FR Doc. 2016-26535 Filed 11-3-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 501 and 593 and Appendix A to Chapter V Amendments to OFAC Regulations To Remove the Former Liberian Regime of Charles Taylor Sanctions Regulations and References to Fax-on-Demand Service AGENCY:

    Office of Foreign Assets Control, Treasury

    ACTION:

    Final rule.

    SUMMARY:

    The Department of the Treasury's Office of Foreign Assets Control (OFAC) is removing from the Code of Federal Regulations the Former Liberian Regime of Charles Taylor Sanctions Regulations as a result of the termination of the national emergency on which the regulations were based. OFAC also is amending the Reporting, Procedures and Penalties Regulations and Appendix A to chapter V by making technical changes including to remove references to OFAC's fax-on-demand service in order to reflect the discontinuation of that service.

    DATES:

    Effective: November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    The Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490, or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.

    SUPPLEMENTARY INFORMATION: Electronic Availability

    This document and additional information concerning OFAC are available from OFAC's Web site (www.treasury.gov/ofac).

    Background Removal of the Former Liberian Regime of Charles Taylor Sanctions Regulations

    On July 22, 2004, the President signed Executive Order 13348, “Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia” (E.O. 13348), in which he declared a national emergency to deal with the unusual and extraordinary threat posed to United States foreign policy by the actions and policies of former Liberian President Charles Taylor and other persons, in particular their unlawful depletion of Liberian resources and their removal from Liberia and secreting of Liberian funds and property, which undermined Liberia's transition to democracy and the orderly development of its political, administrative, and economic institutions and resources. The President further noted that the Comprehensive Peace Agreement signed on August 18, 2003, and the related ceasefire had not yet been universally implemented throughout Liberia, and that the illicit trade in round logs and timber products was linked to the proliferation of and trafficking in illegal arms, which perpetuated the Liberian conflict and fueled and exacerbated other conflicts throughout West Africa.

    E.O. 13348 blocked all property and interests in property of the persons listed in the Annex to E.O. 13348 and any person determined: (1) To be or have been an immediate family member of Charles Taylor; (2) to have been a senior official of the former Liberian regime headed by Charles Taylor or otherwise to have been or be a close ally or associate of Charles Taylor or the former Liberian regime; (3) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the unlawful depletion of Liberian resources, the removal of Liberian resources from that country, and the secreting of Liberian funds and property by any person whose property or interests in property are blocked pursuant to E.O. 13348; or (4) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to E.O. 13348. E.O. 13348 also prohibited the direct or indirect importation into the United States of any round log or timber product originating in Liberia.

    On May 23, 2007, OFAC issued the Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 CFR part 593, as a final rule to implement E.O. 13348 (72 FR 28855, May 23, 2007).

    On November 12, 2015, the President issued Executive Order 13710, “Termination of Emergency With Respect to the Actions and Policies of Former Liberian President Charles Taylor” (E.O. 13710). In E.O. 13710, the President found that the situation that gave rise to the declaration of a national emergency in E.O. 13348 had been significantly altered by Liberia's significant advances to promote democracy and the orderly development of its political, administrative, and economic institutions, including presidential elections in 2005 and 2011, which were internationally recognized as freely held; the 2012 conviction of, and 50-year prison sentence for, former Liberian President Charles Taylor and the affirmation on appeal of that conviction and sentence; and the diminished ability of those connected to former Liberian President Charles Taylor to undermine Liberia's progress. As a result, he terminated the national emergency declared in E.O. 13348 and revoked that order.

    Accordingly, OFAC is removing the Former Liberian Regime of Charles Taylor Sanctions Regulations from the Code of Federal Regulations. Pursuant to section 202 of the National Emergencies Act (50 U.S.C. 1622) and section 1 of E.O. 13710, termination of the national emergency declared in E.O. 13348 shall not affect any action taken or proceeding pending that was not fully concluded or determined as of 2:00 p.m. eastern standard time on November 12, 2015 (the effective date of E.O. 13710), any action or proceeding based on any act committed prior to the effective date, or any rights or duties that matured or penalties that were incurred prior to the effective date.

    Technical Changes

    On June 10, 2016, OFAC announced on its Web site that it was terminating its fax-on-demand service due to a lack of user demand. OFAC is making technical changes to its regulations including to reflect the discontinuation of the fax-on-demand service.

    The Reporting, Procedures and Penalties Regulations, 31 CFR part 501 (RPPR), set forth standard reporting and recordkeeping requirements and license application and other procedures relevant to the economic sanctions programs administered by OFAC. OFAC is revising section 501.603 of the RPPR, which covers reports on blocked property, and section 501.801 of the RPPR, which covers licensing, in each case to remove references to OFAC's fax-on-demand service and to make certain other technical changes.

    Appendix A to chapter V (Appendix A) sets forth information pertaining to OFAC's Specially Designated Nationals and Blocked Persons List. OFAC is making two revisions to Appendix A, in each case to remove references to OFAC's fax-on-demand service.

    Public Participation

    Because parts 501 and 593 and Appendix A to 31 CFR chapter V involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.

    Paperwork Reduction Act

    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the collections of information contained in the RPPR have been approved by the Office of Management and Budget under control number 1505-0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

    List of Subjects in 31 CFR Parts 501 and 593 and Appendix A to Chapter V

    Administrative practice and procedure, Banks, Banking, Blocking of assets, Credit, Foreign trade, Imports, Liberia, Penalties, Reporting and recordkeeping requirements, Sanctions, Securities.

    For the reasons set forth in the preamble, and under the authority of 3 U.S.C. 301; 50 U.S.C. 1601-1651; E.O. 13348, 69 FR 44885, 3 CFR, 2004 Comp., p. 189; E.O. 13710, 80 FR 71679, OFAC amends 31 CFR chapter V as follows:

    PART 501—REPORTING, PROCEDURES AND PENALTIES REGULATIONS 1. The authority citation for part 501 continues to read as follows: Authority:

    8 U.S.C. 1189; 18 U.S.C. 2332d, 2339B; 19 U.S.C. 3901-3913; 21 U.S.C. 1901-1908; 22 U.S.C. 287c; 22 U.S.C. 2370(a), 6009, 6032, 7205; 28 U.S.C. 2461 note; 31 U.S.C. 321(b); 50 U.S.C. 1701-1706; 50 U.S.C. App. 1-44.

    Subpart C—Reports
    2. Amend § 501.603 to revise the second sentence of paragraph (b)(2)(ii) to read as follows:
    § 501.603 Reports on blocked property.

    (b) * * *

    (2) * * *

    (ii) * * * Copies of Form TDF 90-22.50 may be obtained directly from the Office of Foreign Assets Control by downloading the form from the OFAC Reporting and License Application Forms page on OFAC's Web site (https://www.treasury.gov/resource-center/sanctions/Pages/forms-index.aspx). * * *

    Subpart E—Procedures 3. Amend § 501.801 to revise the penultimate sentence of paragraph (b)(2) to read as follows:
    § 501.801 Licensing.

    (b) * * *

    (2) * * * The form, which requires information regarding the date of the blocking, the financial institutions involved in the transfer, and the beneficiary and amount of the transfer, may be obtained from the OFAC Reporting and License Application Forms page on OFAC's Web site (https://www.treasury.gov/resource-center/sanctions/Pages/forms-index.aspx) or the Office of Foreign Assets Control, Licensing Division, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Freedman's Bank Building, Washington, DC 20220. * * *

    PART 593—[REMOVED] 4. Remove part 593. Appendix A to Chapter V—[AMENDED] 5. The authority citation for appendix A to chapter V continues to read as follows: Authority:

    3 U.S.C. 301; 8 U.S.C. 1182, 1189; 18 U.S.C. 2339 B; 21 U.S.C. 1901-1908; 22 U.S.C. 287 c; 31 U.S.C. 321(b); 50 U.S.C. App. 1-44; Public Law 110-286, 122 Stat. 2632 (50 U.S.C. 1701 note); Public Law 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Public Law 112-81, 125 Stat. 1298 (22 U.S.C. 8513a); Public Law 112-158, 126 Stat. 1214 (22 U.S.C. 8701-8795); Public Law 112-208, 126 Stat. 1502; Public Law 113-278, 128 Stat. 3011 (50 U.S.C. 1701 note).

    6. Amend appendix A to chapter V as follows: a. Remove the third introductory paragraph, which states: “Finally, the public may obtain information on blocking, designation, identification, and delisting actions through OFAC's fax-on-demand service, at 202/622-0077.” b. Remove the fifth sentence of note 5, which states: “Information also is available by fax through OFAC's fax-on-demand service, at 202/622-0077.” John E. Smith, Acting Director, Office of Foreign Assets Control.
    [FR Doc. 2016-26717 Filed 11-3-16; 8:45 am] BILLING CODE 4810-AL-P
    DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Parts 1010, 1020, 1021, 1022, 1023, 1024, 1025, and 1026 RIN 1506-AB32 Technical Amendments to Various Bank Secrecy Act Regulations AGENCY:

    Financial Crimes Enforcement Network (“FinCEN”), Treasury.

    ACTION:

    Final rule.

    SUMMARY:

    FinCEN is issuing this final rule to make a number of technical amendments. This final rule updates various sections of the regulations implementing the Bank Secrecy Act (“BSA”) by removing or replacing outdated references to obsolete BSA forms, removing references to outdated recordkeeping storage media, and replacing several other outdated terms and references.

    DATES:

    Effective November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    FinCEN Resource Center at 1-800-767-2825 or 1-703-905-3591 (not a toll free number) and select option 3 for regulatory questions. Email inquiries can be sent to [email protected].

    SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Background

    The BSA, Titles I and II of Public Law 91-508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5314 and 5316-5332, authorizes the Secretary of the Treasury (“Secretary”), among other things, to issue regulations requiring persons to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, regulatory, and counter-terrorism matters. The regulations implementing the BSA appear at 31 CFR chapter X. The Secretary's authority to administer the BSA has been delegated to the Director of FinCEN.1

    1 Treasury Order 180-01 (Sept. 26, 2002).

    II. Discussion of Changes

    In 2010, FinCEN reorganized the BSA's implementing regulations previously appearing in part 103 of title 31 of the Code of Federal Regulations by transferring them to a new chapter in title 31—chapter X.2 When chapter X was published, BSA reporting forms were specific to particular segments of the financial industry, and the names of those industry-specific forms currently appear in chapter X. FinCEN has since revised a number of forms so that they may be used by a range of industry segments and no longer carry industry-specific designations. The transition from industry-specific forms began by replacing the various currency transaction reports previously used by different industry segments, with an industry-wide, single BSA form for currency transactions—the Bank Secrecy Act Currency Transaction Report. FinCEN has also replaced the five industry-specific suspicious activity reports with a combined suspicious activity report, the Bank Secrecy Act Suspicious Activity Report, which is now used by various financial industry segments. This final rule revises the BSA regulations by updating them to reflect the names of the new reports.

    2See 75 FR 5806 (Oct. 26, 2010).

    A number of recordkeeping requirements in 31 CFR chapter X refer to the use of a type of data storage media—microfilm—that is no longer in wide use (or in many cases not even available) for copies of records required to be kept. This final rule removes those outdated references. If, however, a financial institution continues to use microfilm for copies, the rule change does not require the financial institution to use a different type of media for copies, nor does it require existing copies that were made on microfilm to be transferred to newer types of media.

    Finally, this final rule replaces several other outdated terms or references where appropriate such as the reference to filing reports with the Commissioner of Internal Revenue (“IRS”). Effective July 1, 2011, all BSA reports are electronically filed with FinCEN, not the IRS.

    III. Administrative Procedure Act and Effective Date

    Under 5 U.S.C. 553(b)(3)(B) of the Administrative Procedure Act (“APA”), an agency may, for good cause, find (and incorporate the finding and a brief statement of reasons in the rules issued) that notice and public comment procedure on a rule is impracticable, unnecessary, or contrary to the public interest. Currently, 31 CFR chapter X contains references to outdated forms/reports and dated terminology that may be confusing to the public. The rule solely clarifies those terms and references and makes no substantive change to any reporting requirement. For these reasons, the agency has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment is unnecessary.

    Under 5 U.S.C. 553(d)(3) of the APA, the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except, among other things, as provided by the agency for good cause found and published with the rule. FinCEN finds that there is good cause for shortened notice since the revisions made by this final rule are minor, non-substantive, and technical. This final rule takes effect November 4, 2016.

    IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act (“RFA”) does not apply to a rulemaking where a general notice of proposed rulemaking is not required.3 As noted previously, FinCEN has determined that it is unnecessary to publish a notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply.

    3See 5 U.S.C. 603 and 604.

    V. Executive Order 13563 and 12866

    FinCEN has determined that Executive Orders 13563 and 12866 do not apply to this final rulemaking.

    VI. Paperwork Reduction Act Notices

    There are no collection of information requirements in this final rule.

    VII. Unfunded Mandates Act of 1995 Statement

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532 (“Unfunded Mandates Act”), requires that an agency must prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may 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. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. FinCEN has determined that no portion of this final rule will result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, this final rule is not subject to section 202 of the Unfunded Mandates Act.

    List of Subjects in 31 CFR Parts 1010, 1020, 1021, 1022, 1023, 1024, 1025, and 1026

    Administrative practice and procedure, Banks, banking, Brokers, Currency, Foreign banking, Foreign currencies, Gambling, Investigations, Penalties, Reporting and recordkeeping requirements, Securities, Terrorism.

    Authority and Issuance

    For the reasons set forth in the preamble, chapter X of title 31 of the Code of Federal Regulations is amended as follows:

    PART 1010—GENERAL PROVISIONS 1. The authority citation for part 1010 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1010.306 [Amended]
    2. Amend § 1010.306 as follows: a. In paragraph (a)(3), remove the words “the Commissioner of Internal Revenue” and add the word “FinCEN” in their place. b. In paragraph (c), remove the words “the Commissioner of Internal Revenue” and add the word “FinCEN” in their place. c. In paragraph (e), in the first sentence, remove the words “the Internal Revenue Service” and add the words “BSA E-Filing System” in their place and, in the second sentence, add the words “or FinCEN” after the words “U.S. Customs and Border Protection.”
    § 1010.410 [Amended]
    3. Amend § 1010.410 by removing the words “microfilm or other” from the introductory text.
    § 1010.430 [Amended]
    4. Amend § 1010.430 by removing the words “microfilm or other” in paragraph (a).
    § 1010.715 [Amended]
    5. Amend § 1010.715 by removing “1506-0009” and adding “1506-0050” in its place.
    § 1010.940 [Amended]
    6. Amend § 1010.940 in the introductory text by removing the words “microfilming or other.” PART 1020—RULES FOR BANKS 7. The authority citation for part 1020 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    8. Revise the heading for part 1020 to read as set forth above.
    § 1020.410 [Amended]
    9. Amend § 1020.410 as follows: a. In paragraph (a) introductory text by removing the words “microfilm or other.” b. In paragraph (a)(1) by removing the words “microfilm, other” each place they appear. c. In paragraph (c) introductory text by removing the words “microfilm or other.” PART 1021—RULES FOR CASINOS AND CARD CLUBS 10. The authority citation for part 1021 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1021.320 [Amended]
    11. Amend § 1021.320 as follows: a. In paragraph (b)(1) by removing the words “by Casinos (“SARC”)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SARC” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SARC” each place it appears and adding in its place the word “SAR.” d. In paragraph (c) by removing the word “SARC” and adding in its place the word “SAR.” e. In paragraph (d) by removing the word “SARC” each place it appears and adding in its place the word “SAR.”
    § 1021.410 [Amended]
    12. Amend § 1021.410 in paragraph (b) introductory text by removing the words “microfilm or other.” PART 1022—RULES FOR MONEY SERVICES BUSINESSES 13. The authority citation for part 1022 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1022.320 [Amended]
    14. Amend § 1022.320 as follows: a. In paragraph (b)(1) by removing the words “-MSB (“SAR-MSB”)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SAR-MSB” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SAR-MSB” each place it appears and adding in its place the word “SAR.” d. In paragraph (c) by removing the word “SAR-MSB” each place it appears and adding in its place the word “SAR.”
    § 1022.380 [Amended]
    15. Amend § 1022.380(b)(1)(i) by removing the words “the Enterprise Computing Center in Detroit of the Internal Revenue Service” and adding in their place the word “FinCEN.” PART 1023—RULES FOR BROKERS OR DEALERS IN SECURITIES 16. The authority citation for part 1023 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1023.320 [Amended]
    17. Amend § 1023.320 as follows: a. In paragraph (b)(1) by removing the words “by the Securities and Futures Industry (“SAR-SF”)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” d. In paragraph (c) introductory text by removing the word “SAR-SF” and adding in its place the word “SAR.” e. In paragraph (d) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” PART 1024—RULES FOR MUTUAL FUNDS 18. The authority citation for part 1024 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1024.320 [Amended]
    19. Amend § 1024.320 as follows: a. In paragraph (b)(1) by removing the words “by Securities and Futures Industries (“SAR-SF”)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” d. In paragraph (b)(4) by removing the word “SAR-SF” and adding in its place the word “SAR.” e. In paragraph (b)(5) by removing the word “SAR-SF” and adding in its place the word “SAR.” f. In paragraph (c) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” PART 1025—RULES FOR INSURANCE COMPANIES 20. The authority citation for part 1025 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1025.320 [Amended]
    21. Amend § 1025.320 as follows: a. In paragraph (b)(1) by removing the words “by Insurance Companies (SAR-IC)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SAR-IC” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SAR-IC” each place it appears and adding in its place the word “SAR.” d. In paragraph (c) by removing the word “SAR-IC” and adding in its place the word “SAR.” e. In paragraph (d) by removing the word “SAR-IC” each place it appears and adding in its place the word “SAR.” PART 1026—RULES FOR FUTURES COMMISSION MERCHANTS AND INTRODUCING BROKERS IN COMMODITIES 22. The authority citation for part 1026 is revised to read as follows: Authority:

    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701, Pub. L. 114-74, 129 Stat. 599.

    § 1026.320 [Amended]
    23. Amend § 1026.320 as follows: a. In paragraph (b)(1) by removing the words “by Securities and Futures Industries (“SAR-SF”)” and adding the word “(“SAR”)” in their place. b. In paragraph (b)(2) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” c. In paragraph (b)(3) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” d. In paragraph (c) introductory text by removing the word “SAR-SF” and adding in its place the word “SAR.” e. In paragraph (d) by removing the word “SAR-SF” each place it appears and adding in its place the word “SAR.” Dated: October 31, 2016. Jamal El Hindi, Deputy Director, Financial Crimes Enforcement Network.
    [FR Doc. 2016-26557 Filed 11-3-16; 8:45 am] BILLING CODE 4810-02-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG-2016-0959] Special Local Regulations; Key West World Championship, Key West, FL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of enforcement of regulation.

    SUMMARY:

    The Coast Guard will enforce the Key West World Championship Special Local Regulation from 9:30 a.m. until 4:30 p.m. on November 9, 11, and 13, 2016. This action is necessary to ensure safety of life on navigable waters of the United States and to protect race participants, participant vessels, spectators, and the general public from the hazards associated with high-speed boat races. During the enforcement period, and in accordance with previously issued special local regulations, no person or vessel may enter the regulated area without permission from the Captain of the Port Key West or a designated representative.

    DATES:

    The regulations in 33 CFR 100.701 will be enforced from 9:30 a.m. until 4:30 p.m. on November 9, 11, and 13, 2016, for the marine event listed in item (c)(9) in the Table to § 100.701.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice, call or email Lieutenant Scott Ledee, Sector Key West Waterways Management Department, Coast Guard; telephone (305) 292-8768, email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Coast Guard will enforce the Special Local Regulation for the annual Key West World Championship Super Boat Race in Table to § 100.701, item (c)(9) from 9:30 a.m. until 4:30 p.m. on November 9, 11, and 13, 2016.

    On November 9, 11, and 13, 2016, Super Boat International Productions, Inc. is hosting the Key West World Championship, a series of high-speed boat races.

    Under the provisions of 33 CFR 100.701, no unauthorized person or vessel may enter, transit through, anchor within, or remain in the established regulated areas unless permission to enter has been granted by the Captain of the Port Key West or designated representative. This action is to provide enforcement action of regulated area that will encompass portions of the waters of the Atlantic Ocean located southwest of Key West, Florida. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation.

    This notice of enforcement is issued under authority of 33 CFR 100.701 and 5 U.S.C. 552(a). The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. If the Captain of the Port Key West determines that the regulated area need not be enforced for the full duration stated in this publication, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area.

    Dated: October 25, 2016. J.A. Janszen, Captain, U.S. Coast Guard, Captain of the Port Key West.
    [FR Doc. 2016-26695 Filed 11-3-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0963] RIN 1625-AA09 Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of temporary deviation from regulations; request for comments.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the State Route 22 Bridge (Madisonville (SR22) swing span bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to only open for vessels on the hour during the day and to not open for vessels during the weekday peak traffic hours.

    DATES:

    This deviation is effective from 6 a.m. on November 21, 2016 through midnight on May 18, 2017.

    Comments and related material must reach the Coast Guard on or before January 18, 2017.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2016-0963 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this test deviation, call or email David Frank, Bridge Administrator at 504-671-2128, email [email protected].

    SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis

    The State Route 22 (SR 22) swing span bridge across Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana presently operates under 33 CFR 117.500. The SR 22 swing bridge has a vertical clearance of 6.2 feet above Mean High Water (MHW) in the closed-to-navigation position and unlimited clearance in the open-to-navigation position.

    Local governmental officials from St. Tammany Parish and the City of Madisonville, in conjunction with the Louisiana Department of Transportation and Development (LDOTD) have requested that the operating regulation of the SR 22 swing span bridge be changed in order to better accommodate the increased vehicular traffic crossing the bridge especially during the peak, weekday rush hours. A traffic study conducted by the LDOTD has determined that the existing vehicular traffic at the intersection of SR 22 and SR 21/SR 1077 is over capacity at peak hours and causes unacceptable levels of delay to roadway traffic. This situation is compounded by the opening of the bridge during these peak hours. A combination of modifications to the operating schedule of the bridge and modifications to the traffic controls at this intersection will improve traffic flow and reduce traffic delays.

    Approximately 7,500 vehicles cross the bridge daily between the hours of 6 a.m. and 7 p.m. Vessel openings for the month of July indicate that the bridge opened to pass vessels 118 times during the week and 202 times during the weekend. Vessel openings for the month of August dropped to 68 openings during the week and 85 openings during the weekend.

    Concurrent with the publication of the Test Deviation, a Notice of Proposed Rulemaking (NPRM) [USCG-2016-0963] has been issued to allow the LDOTD to test the proposed schedule and to obtain data and public comments. The test period will be in effect during the entire NPRM comment period. The Coast Guard will review the logs of the drawbridge, the traffic counts provided by LDOTD, and evaluate public comments from this NPRM and the above referenced Temporary Deviation to determine if the requested change to the permanent special drawbridge operating regulation is warranted.

    The deviation to test the proposed schedule will allow the SR 22 Bridge, mile 2.5 at Madisonville to operate as follows: The draw of the SR22 Bridge shall open on signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only open on the hour, except that the draw need not open for the passage of vessels at 8 a.m., 5 p.m. and 6 p.m. Monday through Friday except federal holidays. The bridge will open at any time an emergency.

    During the 180-day deviation, LDOTD will continue to monitor vehicular traffic counts and work to make roadway traffic control improvements to further reduce vehicular traffic delays.

    There are no alternate routes available for vessels that wish to transit the bridge site; however, if vessels have a vertical clearance requirement of less than 6.2 feet above MHW, they may transit the bridge site at any time.

    II. 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 notice of temporary deviation from regulations, and all public comments, are 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.

    Dated: October 31, 2016. David M. Frank, Bridge Administrator, Eighth Coast Guard District.
    [FR Doc. 2016-26655 Filed 11-3-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 6 [Docket No. PTO-T-2016-0038] RIN 0651-AD12 International Trademark Classification Changes AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Final rule.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO) issues a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are effective January 1, 2017, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., ver. 2017), which is published by the World Intellectual Property Organization (WIPO).

    DATES:

    This rule is effective on January 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Catherine Cain, Office of the Deputy Commissioner for Trademark Examination Policy, at (571) 272-8946 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose: As noted above, this final rule incorporates classification changes adopted by the Nice Agreement that will become effective on January 1, 2017. This rule benefits the public by providing notice regarding these changes.

    Summary of Major Provisions: The USPTO is revising § 6.1 in part 6 of title 37 of the Code of Federal Regulations to incorporate classification changes and modifications that will become effective January 1, 2017, as listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., 2017) (Nice Classification), published by WIPO.

    The Nice Agreement is a multilateral treaty, administered by WIPO, which establishes the international classification of goods and services for the purposes of registering trademarks and service marks. As of September 1, 1973, this international classification system is the controlling system used by the United States, and it applies to all applications filed on or after September 1, 1973, and their resulting registrations, for all statutory purposes. See 37 CFR 2.85(a). Every signatory to the Nice Agreement must utilize the international classification system.

    Each state party to the Nice Agreement is represented in the Committee of Experts of the Nice Union (Committee of Experts), which meets annually to vote on proposed changes to the Nice Classification. Any state that is a party to the Nice Agreement may submit proposals for consideration by the other members in accordance with agreed-upon rules of procedure. Proposals are currently submitted on an annual basis to an electronic forum on the WIPO Web site, commented upon, modified, and compiled by WIPO for further discussion and voting at the annual Committee of Experts meeting.

    In 2013, the Committee of Experts began annual revisions to the Nice Classification. The annual revisions, which are published electronically and enter into force on January 1 each year, are referred to as versions and identified by edition number and year of the effective date (e.g., “Nice Classification, 10th edition, version 2013” or “NCL 10-2013”). Each annual version includes all changes adopted by the Committee of Experts since the adoption of the previous version. The changes consist of the addition of new goods and services to, and deletion of goods and services from, the Alphabetical List, and any modifications to the wording in the Alphabetical List, the class headings, and the explanatory notes that do not involve the transfer of goods or services from one class to another. New editions of the Nice Classification continue to be published electronically and include all changes adopted annually since the previous version, as well as goods or services transferred from one class to another or new classes that are created.

    The annual revisions contained in this final rule consist of modifications to the class headings that have been incorporated into the Nice Agreement by the Committee of Experts. Under the Nice Classification, there are 34 classes of goods and 11 classes of services, each with a class heading. Class headings generally indicate the fields to which goods and services belong. Specifically, this rule adds new, or deletes existing, goods and services from 15 class headings and revises spelling in one class heading. The changes to the class headings further define the types of goods and/or services appropriate to the class. As a signatory to the Nice Agreement, the United States adopts these revisions pursuant to Article 1.

    Costs and Benefits: This rulemaking is not economically significant under Executive Order 12866 (Sept. 30, 1993).

    Discussion of Regulatory Changes

    The USPTO is revising § 6.1 as follows:

    In Class 3, the wording “soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices” is amended to “non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.”

    In Class 6, the wording “Common metals and their alloys” is amended to “Common metals and their alloys, ores,” and the separate clause “ores” at the end of the class heading is deleted. The wording “metal building materials” is amended to “metal materials for building and construction.” The wording “materials of metal for railway tracks,” “ironmongery,” and “pipes and tubes of metal” is deleted. The wording “metal containers for storage or transport” is inserted before “safes.”

    In Class 10, the spelling of “orthopedic” is amended to “orthopaedic.” A semi-colon is added after the wording “suture materials,” and the following wording is added: “therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.”

    The wording “precious stones” is amended to “precious and semi-precious stones” in Class 14.

    In Class 16, the wording “and office requisites, except furniture” is added after the term “stationery. The wording “artists' materials” is amended to “artists' and drawing materials.” The wording “typewriters and office requisites (except furniture)” is deleted. The wording “instructional and teaching material (except apparatus)” is changed to “instructional and teaching materials,” and the wording “plastic materials for packaging” is amended to “plastic sheets, films and bags for wrapping and packaging.” The semi-colon after “printers' type” is replaced with a comma.

    In Class 17, the wording “plastics in extruded form for use in manufacture” is amended to “plastics and resins in extruded form for use in manufacture.” The wording “flexible pipes, not of metal” is changed to “flexible pipes, tubes and hoses, not of metal.”

    In Class 18, “animal skins, hides” is amended to “animal skins and hides,” and “trunks and travelling bags” is amended to “luggage and carrying bags.” A semi-colon is added after the term “saddlery,” and the wording “collars, leashes and clothing for animals” is added thereafter.

    The wording “containers, not of metal, for storage or transport” is added in Class 20 after “Furniture, mirrors, picture frames.” The term “ivory” is deleted.

    “[B]rushes (except paintbrushes)” is amended to “brushes, except paintbrushes” in Class 21. The term “steelwool” is deleted. The wording “unworked or semi-worked glass (except glass used in building)” is amended to “unworked or semi-worked glass, except building glass.”

    In Class 22, “tents, awnings, and tarpaulins” is amended to “tents and tarpaulins; awnings of textile or synthetic materials.” The wording “sacks” is amended to “sacks for the transport and storage of materials in bulk,” and “padding and stuffing materials (except of paper, cardboard, rubber or plastics)” is changed to “padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics.” The wording “and substitutes therefor” is inserted after “raw fibrous textile materials.”

    The wording “bed covers; table covers” is deleted, and the wording “household linen; curtains of textile or plastic” is inserted after “Textiles and substitutes for textiles” in Class 24.

    In Class 26, the wording “hair decorations; false hair” is added.

    “Games and playthings” in Class 28 is changed to “Games, toys and playthings,” and the wording “video game apparatus” is added.

    In Class 31, the wording “Agricultural, horticultural and forestry products” is amended to “Raw and unprocessed agricultural, aquacultural, horticultural and forestry products,” and “fresh fruits and vegetables” is amended to “fresh fruits and vegetables, fresh herbs.” The wording “bulbs, seedlings and seeds for planting” is inserted after “natural plants and flowers.” “[F]oodstuffs for animals” is amended to “foodstuffs and beverages for animals.”

    “[S]ecurity services for the protection of property and individuals” is amended to “security services for the physical protection of tangible property and individuals” in Class 45.

    Rulemaking Requirements

    Administrative Procedure Act: The changes in this rulemaking involve rules of agency practice and procedure, and/or interpretive rules. See Perez v. Mortg. Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015) (Interpretive rules “advise the public of the agency's construction of the statutes and rules which it administers.” (citation and internal quotation marks omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Rule that clarifies interpretation of a statute is interpretive.); Bachow Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules governing an application process are procedural under the Administrative Procedure Act.); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (Rules for handling appeals were procedural where they did not change the substantive standard for reviewing claims.).

    Accordingly, prior notice and opportunity for public comment for the changes in this rulemaking are not required pursuant to 5 U.S.C. 553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (Notice-and-comment procedures are required neither when an agency “issue[s] an initial interpretive rule” nor “when it amends or repeals that interpretive rule.”); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), does not require notice and comment rulemaking for “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice” (quoting 5 U.S.C. 553(b)(A))).

    Regulatory Flexibility Act: As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 or any other law, neither a Regulatory Flexibility Act analysis, nor a certification under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), is required. See 5 U.S.C. 603.

    Executive Order 12866 (Regulatory Planning and Review): This rulemaking has been determined to be not significant for purposes of Executive Order 12866 (Sept. 30, 1993).

    Executive Order 13563 (Improving Regulation and Regulatory Review): The USPTO has complied with Executive Order 13563 (Jan. 18, 2011). Specifically, the USPTO has, to the extent feasible and applicable: (1) Made a reasoned determination that the benefits justify the costs of the rule changes; (2) tailored the rules to impose the least burden on society consistent with obtaining the regulatory objectives; (3) selected a regulatory approach that maximizes net benefits; (4) specified performance objectives; (5) identified and assessed available alternatives; (6) provided the public with a meaningful opportunity to participate in the regulatory process, including soliciting the views of those likely affected prior to issuing a notice of proposed rulemaking, and provided on-line access to the rulemaking docket; (7) attempted to promote coordination, simplification, and harmonization across government agencies and identified goals designed to promote innovation; (8) considered approaches that reduce burdens and maintain flexibility and freedom of choice for the public; and (9) ensured the objectivity of scientific and technological information and processes, to the extent applicable.

    Executive Order 13132 (Federalism): This rulemaking does not contain policies with federalism implications sufficient to warrant preparation of a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).

    Unfunded Mandates Reform Act of 1995: The changes set forth in this rulemaking do not involve a Federal intergovernmental mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, of 100 million dollars (as adjusted) or more in any one year, or a Federal private sector mandate that will result in the expenditure by the private sector of 100 million dollars (as adjusted) or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq.

    Paperwork Reduction Act: This final rule does not involve information collection requirements which are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    List of Subjects in 37 CFR Part 6

    Administrative practice and procedure, Classification, Trademarks.

    For the reasons given in the preamble and under the authority contained in 15 U.S.C. 1112, 1123 and 35 U.S.C. 2, as amended, the USPTO is amending part 6 of title 37 as follows:

    PART 6—CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT 1. The authority citation for 37 CFR part 6 continues to read as follows: Authority:

    Secs. 30, 41, 60 Stat. 436, 440; 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise noted.

    2. Revise § 6.1 to read as follows:
    § 6.1 International schedule of classes of goods and services. Goods

    1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

    2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

    3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.

    4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.

    5. Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical use or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

    6. Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

    7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.

    8. Hand tools and implements (hand-operated); cutlery; side arms; razors.

    9. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

    10. Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

    11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

    12. Vehicles; apparatus for locomotion by land, air or water.

    13. Firearms; ammunition and projectiles; explosives; fireworks.

    14. Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.

    15. Musical instruments.

    16. Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists' and drawing materials; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks.

    17. Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

    18. Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

    19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

    20. Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

    21. Household or kitchen utensils and containers; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

    22. Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

    23. Yarns and threads, for textile use.

    24. Textiles and substitutes for textiles; household linen; curtains of textile or plastic.

    25. Clothing, footwear, headgear.

    26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

    27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).

    28. Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

    29. Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats.

    30. Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

    31. Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

    32. Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.

    33. Alcoholic beverages (except beers).

    34. Tobacco; smokers' articles; matches.

    Services

    35. Advertising; business management; business administration; office functions.

    36. Insurance; financial affairs; monetary affairs; real estate affairs.

    37. Building construction; repair; installation services.

    38. Telecommunications.

    39. Transport; packaging and storage of goods; travel arrangement.

    40. Treatment of materials.

    41. Education; providing of training; entertainment; sporting and cultural activities.

    42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

    43. Services for providing food and drink; temporary accommodation.

    44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.

    45. Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.

    Dated: October 31, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
    [FR Doc. 2016-26682 Filed 11-3-16; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8453] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply.

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

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

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

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

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

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

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

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

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain
  • federal
  • assistance
  • no longer
  • available in SFHAs
  • Region I Massachusetts: Marshfield, Town of, Plymouth County 250273 January 14, 1972, Emerg; October 14, 1977, Reg; November 4, 2016, Susp November 4, 2016 November 4, 2016 Plymouth, Town of, Plymouth County 250278 February 5, 1974, Emerg; July 17, 1986, Reg; November 4, 2016, Susp ......*do   Do. Region II New Jersey: Franklin, Township of, Somerset County 340434 April 6, 1973, Emerg; May 15, 1980, Reg; November 4, 2016, Susp ......*do   Do. Hillsborough, Township of, Somerset County 340436 June 18, 1974, Emerg; March 2, 1981, Reg; November 4, 2016, Susp ......*do   Do. Manville, Borough of, Somerset County 340437 December 15, 1972, Emerg; February 15, 1978, Reg; November 4, 2016, Susp ......*do   Do. Millstone, Borough of, Somerset County 340438 October 29, 1973, Emerg; April 3, 1978, Reg; November 4, 2016, Susp ......*do   Do. Montgomery, Township of, Somerset County 340439 August 20, 1974, Emerg; April 1, 1981, Reg; November 4, 2016, Susp ......*do   Do. Rocky Hill, Borough of, Somerset County 340443 July 15, 1975, Emerg; December 16, 1980, Reg; November 4, 2016, Susp ......*do   Do. New York: Baldwinsville, Village of, Onondaga County 360569 August 12, 1974, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. Camillus, Town of, Onondaga County 360570 July 23, 1975, Emerg; June 15, 1981, Reg; November 4, 2016, Susp ......*do   Do. Camillus, Village of, Onondaga County 360571 July 17, 1974, Emerg; August 3, 1981, Reg; November 4, 2016, Susp ......*do   Do. Cicero, Town of, Onondaga County 360572 May 23, 1974, Emerg; April 4, 1983, Reg; November 4, 2016, Susp ......*do   Do. Clay, Town of, Onondaga County 360573 May 15, 1973, Emerg; April 1, 1980, Reg; November 4, 2016, Susp ......*do   Do. DeWitt, Town of, Onondaga County 360973 November 8, 1973, Emerg; March 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. East Syracuse, Village of, Onondaga County 360574 July 23, 1975, Emerg; August 3, 1981, Reg; November 4, 2016, Susp ......*do   Do. Elbridge, Town of, Onondaga County 360575 April 8, 1974, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. Elbridge, Village of, Onondaga County 360576 February 18, 1975, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. Fabius, Town of, Onondaga County 360577 November 12, 1974, Emerg; April 30, 1986, Reg; November 4, 2016, Susp ......*do   Do. Fayetteville, Village of, Onondaga County 360578 August 22, 1974, Emerg; August 2, 1982, Reg; November 4, 2016, Susp ......*do   Do. Geddes, Town of, Onondaga County 360579 May 19, 1975, Emerg; February 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. Jordan, Village of, Onondaga County 360580 December 3, 1974, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. LaFayette, Town of, Onondaga County 360581 September 13, 1974, Emerg; April 3, 1985, Reg; November 4, 2016, Susp ......*do   Do. Liverpool, Village of, Onondaga County 360582 December 26, 1974, Emerg; February 4, 1981, Reg; November 4, 2016, Susp ......*do   Do. Lysander, Town of, Onondaga County 360583 October 15, 1974, Emerg; January 6, 1982, Reg; November 4, 2016, Susp ......*do   Do. Manlius, Town of, Onondaga County 360584 November 8, 1973, Emerg; December 15, 1982, Reg; November 4, 2016, Susp ......*do   Do. Manlius, Village of, Onondaga County 360977 January 23, 1974, Emerg; September 29, 1978, Reg; November 4, 2016, Susp ......*do   Do. Marcellus, Town of, Onondaga County 360585 March 19, 1975, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. Marcellus, Village of, Onondaga County 360586 July 25, 1974, Emerg; June 1, 1982, Reg; November 4, 2016, Susp ......*do   Do. Minoa, Village of, Onondaga County 361017 April 18, 1975, Emerg; September 2, 1982, Reg; November 4, 2016, Susp ......*do   Do. North Syracuse, Village of, Onondaga County 360587 September 8, 1975, Emerg; November 20, 1985, Reg; November 4, 2016, Susp ......*do   Do. Onondaga, Town of, Onondaga County 360588 July 25, 1974, Emerg; January 18, 1984, Reg; November 4, 2016, Susp ......*do   Do. Otisco, Town of, Onondaga County 360589 June 1, 1976, Emerg; June 3, 1986, Reg; November 4, 2016, Susp ......*do   Do. Pompey, Town of, Onondaga County 360590 April 20, 1973, Emerg; January 3, 1979, Reg; November 4, 2016, Susp ......*do   Do. Salina, Town of, Onondaga County 360591 July 30, 1974, Emerg; August 16, 1982, Reg; November 4, 2016, Susp ......*do   Do. Skaneateles, Town of, Onondaga County 360592 September 19, 1974, Emerg; June 1, 1982, Reg; November 4, 2016, Susp ......*do   Do. Skaneateles, Village of, Onondaga County 360593 August 7, 1974, Emerg; February 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. Solvay, Village of, Onondaga County 361564 January 16, 1975, Emerg; January 31, 1983, Reg; November 4, 2016, Susp ......*do   Do. Spafford, Town of, Onondaga County 360594 August 19, 1974, Emerg; April 30, 1986, Reg; November 4, 2016, Susp ......*do   Do. Syracuse, City of, Onondaga County 360595 August 2, 1974, Emerg; May 3, 1982, Reg; November 4, 2016, Susp ......*do   Do. Tully, Town of, Onondaga County 361296 November 3, 1975, Emerg; April 30, 1986, Reg; November 4, 2016, Susp ......*do   Do. Tully, Village of, Onondaga County 361552 June 27, 1975, Emerg; January 19, 1983, Reg; November 4, 2016, Susp ......*do   Do. Van Buren, Town of, Onondaga County 360596 March 16, 1973, Emerg; July 17, 1978, Reg; November 4, 2016, Susp ......*do   Do. Region V Minnesota: Bloomington, City of, Hennepin County 275230 March 12, 1971, Emerg; September 8, 1972, Reg; November 4, 2016, Susp ......*do   Do. Brooklyn Center, City of, Hennepin County 270151 July 29, 1974, Emerg; February 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. Brooklyn Park, City of, Hennepin County 270152 February 5, 1974, Emerg; May 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. Champlin, City of, Hennepin County 270153 March 30, 1973, Emerg; July 18, 1977, Reg; November 4, 2016, Susp ......*do   Do. Corcoran, City of, Hennepin County 270155 September 8, 1975, Emerg; January 16, 1981, Reg; November 4, 2016, Susp ......*do   Do. Crystal, City of, Hennepin County 270156 May 13, 1974, Emerg; June 1, 1978, Reg; November 4, 2016, Susp ......*do   Do. Dayton, City of, Hennepin and Wright Counties 270157 September 25, 1973, Emerg; February 1, 1978, Reg; November 4, 2016, Susp ......*do   Do. Deephaven, City of, Hennepin County 270158 September 4, 1974, Emerg; December 26, 1978, Reg; November 4, 2016, Susp ......*do   Do. Eden Prairie, City of, Hennepin County 270159 May 16, 1975, Emerg; September 27, 1985, Reg; November 4, 2016, Susp ......*do   Do. Edina, City of, Hennepin County 270160 July 27, 1973, Emerg; May 1, 1980, Reg; November 4, 2016, Susp ......*do   Do. Excelsior, City of, Hennepin County 270161 May 20, 1974, Emerg; March 20, 1981, Reg; November 4, 2016, Susp ......*do   Do. Golden Valley, City of, Hennepin County 270162 April 23, 1974, Emerg; February 4, 1981, Reg; November 4, 2016, Susp ......*do   Do. Greenfield, City of, Hennepin County 270673 December 26, 1974, Emerg; April 15, 1981, Reg; November 4, 2016, Susp ......*do   Do. Greenwood, City of, Hennepin County 270164 July 25, 1975, Emerg; December 26, 1978, Reg; November 4, 2016, Susp ......*do   Do. Hanover, City of, Hennepin and Wright Counties 270540 October 25, 1974, Emerg; May 5, 1981, Reg; November 4, 2016, Susp ......*do   Do. Hopkins, City of, Hennepin County 270166 May 2, 1974, Emerg; May 5, 1981, Reg; November 4, 2016, Susp ......*do   Do. Independence, City of, Hennepin County 270167 January 28, 1975, Emerg; January 6, 1983, Reg; November 4, 2016, Susp ......*do   Do. Long Lake, City of, Hennepin County 270168 May 2, 1975, Emerg; February 20, 1979, Reg; November 4, 2016, Susp ......*do   Do. Maple Grove, City of, Hennepin County 270169 July 1, 1974, Emerg; April 17, 1978, Reg; November 4, 2016, Susp ......*do   Do. Maple Plain, City of, Hennepin County 270170 October 24, 1975, Emerg; June 22, 1984, Reg; November 4, 2016, Susp ......*do   Do. Medicine Lake, City of, Hennepin County 270690 December 21, 1978, Emerg; April 15, 1982, Reg; November 4, 2016, Susp ......*do   Do. Medina, City of, Hennepin County 270171 July 18, 1975, Emerg; September 3, 1980, Reg; November 4, 2016, Susp ......*do   Do. Minneapolis, City of, Hennepin County 270172 March 23, 1973, Emerg; February 18, 1981, Reg; November 4, 2016, Susp ......*do   Do. Minnetonka, City of, Hennepin County 270173 April 9, 1975, Emerg; May 19, 1981, Reg; November 4, 2016, Susp ......*do   Do. Mound, City of, Hennepin County 270176 April 16, 1974, Emerg; September 29, 1978, Reg; November 4, 2016, Susp ......*do   Do. New Hope, City of, Hennepin County 270177 July 2, 1975, Emerg; January 2, 1981, Reg; November 4, 2016, Susp ......*do   Do. Plymouth, City of, Hennepin County 270179 April 15, 1974, Emerg; May 15, 1978, Reg; November 4, 2016, Susp ......*do   Do. Richfield, City of, Hennepin County 270180 April 22, 1975, Emerg; August 24, 1981, Reg; November 4, 2016, Susp ......*do   Do. Robbinsdale, City of, Hennepin County 270181 May 9, 1974, Emerg; August 1, 1977, Reg; November 4, 2016, Susp ......*do   Do. Rockford, City of, Hennepin and Wright Counties 270182 February 5, 1975, Emerg; November 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. Rogers, City of, Hennepin County 270775 N/A, Emerg; July 12, 2012, Reg; November 4, 2016, Susp ......*do   Do. Saint Bonifacius, City of, Hennepin County 270183 April 22, 1976, Emerg; December 26, 1978, Reg; November 4, 2016, Susp ......*do   Do. Saint Louis Park, City of, Hennepin County 270184 December 22, 1972, Emerg; June 1, 1977, Reg; November 4, 2016, Susp ......*do   Do. Shorewood, City of, Hennepin County 270185 April 8, 1975, Emerg; December 4, 1979, Reg; November 4, 2016, Susp ......*do   Do. Spring Park, City of, Hennepin County 270186 July 16, 1975, Emerg; May 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. Tonka Bay, City of, Hennepin County 270187 January 17, 1975, Emerg; May 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. Wayzata, City of, Hennepin County 270188 November 25, 1974, Emerg; November 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. Woodland, City of, Hennepin County 270189 June 11, 1975, Emerg; August 1, 1979, Reg; November 4, 2016, Susp ......*do   Do. Region VI New Mexico: Albuquerque, City of, Bernalillo County 350002 September 9, 1974, Emerg; October 14, 1983, Reg; November 4, 2016, Susp ......*do   Do. Bernalillo County Unincorporated Areas 350001 August 26, 1974, Emerg; September 15, 1983, Reg; November 4, 2016, Susp ......*do   Do. Texas: Gregory, City of, San Patricio County 480555 May 16, 1975, Emerg; April 15, 1981, Reg; November 4, 2016, Susp ......*do   Do. Mathis, City of, San Patricio County 480557 June 11, 1975, Emerg; October 23, 1979, Reg; November 4, 2016, Susp ......*do   Do. San Patricio, City of, San Patricio County 481556 March 15, 2012, Emerg; April 1, 2012, Reg; November 4, 2016, Susp ......*do   Do. Taft, City of, San Patricio County 481506 July 11, 1995, Emerg; N/A, Reg; November 4, 2016, Susp ......*do   Do. Region VII Iowa: Muscatine, City of, Muscatine County 190213 January 15, 1974, Emerg; January 5, 1978, Reg; November 4, 2016, Susp ......*do   Do. Region IX California: Humboldt County Unincorporated Areas 060060 September 11, 1974, Emerg; July 19, 1982, Reg; November 4, 2016, Susp ......*do   Do. Region X Oregon: Beaverton, City of, Washington County 410240 October 30, 1974, Emerg; September 28, 1984, Reg; November 4, 2016, Susp ......*do   Do. Cornelius, City of, Washington County 410261 April 19, 1978, Emerg; January 6, 1982, Reg; November 4, 2016, Susp ......*do   Do. Durham, City of, Washington County 410263 November 7, 1979, Emerg; January 6, 1982, Reg; November 4, 2016, Susp ......*do   Do. Forest Grove, City of, Washington County 410241 June 4, 1975, Emerg; March 15, 1982, Reg; November 4, 2016, Susp ......*do   Do. Gaston, City of, Washington County 410242 November 24, 1981, Emerg; July 5, 1982, Reg; November 4, 2016, Susp ......*do   Do. Hillsboro, City of, Washington County 410243 January 20, 1975, Emerg; May 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. King City, City of, Washington County 410269 November 14, 1974, Emerg; February 11, 1976, Reg; November 4, 2016, Susp ......*do   Do. North Plains, City of, Washington County 410270 March 25, 1977, Emerg; April 1, 1982, Reg; November 4, 2016, Susp ......*do   Do. Sherwood, City of, Washington County 410273 February 4, 1981, Emerg; January 6, 1982, Reg; November 4, 2016, Susp ......*do   Do. Tualatin, City of, Clackamas and Washington Counties 410277 July 3, 1974, Emerg; February 17, 1982, Reg; November 4, 2016, Susp ......*do   Do. Washington County Unincorporated Areas 410238 April 10, 1973, Emerg; September 30, 1982, Reg; November 4, 2016, Susp ......*do   Do. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 31, 2016.
    Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-26679 Filed 11-3-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF011 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; 2016 General Category Fishery AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS closes the coastwide General category fishery for large medium and giant Atlantic bluefin tuna (BFT) for 2016. This action is being taken to prevent any further overharvest of the available adjusted General category quota of 676.7 metric tons (mt).

    DATES:

    Effective 11:30 p.m., local time, November 4, 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 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).

    NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice.

    The base quota for the General category is 466.7 mt. See § 635.27(a). To date this year, NMFS has adjusted the General category base quota for 2016 twice, including a transfer of 125 mt from the Reserve category effective October 6 (81 FR 70369, October 12, 2016), and a transfer of 85 mt (18 mt from the Harpoon category quota and 67 mt from the Reserve category) effective October 14 (81 FR 71639, October 18, 2016), resulting in an adjusted quota of 676.7 mt.

    Based on the best available landings information for the General category BFT fishery, NMFS has determined that the adjusted General category quota of 676.7 mt has been reached (i.e., as of October 31, reported landings total approximately 677.4 mt). Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on November 4, 2016. The General category will reopen automatically on January 1, 2017, for the January through March 2017 subperiod. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent any further overharvest of the available 2016 General category quota.

    Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs at § 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the “Careful Catch and Release” brochure available atwww.nmfs.noaa.gov/sfa/hms/.

    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:

    The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond 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. These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive BFT landings that may result in future potential quota reductions for the General category. NMFS must close the General category fishery for 2016 to prevent the available quota from being exceeded any further. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under § 635.28(a)(1), and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: November 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-26718 Filed 11-1-16; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XF010 Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is exchanging unused flathead sole and rock sole Amendment 80 allocations of the total allowable catch for yellowfin sole Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2016 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

    DATES:

    Effective November 4, 2016, through December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

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

    The 2016 flathead sole, rock sole, and yellowfin sole Amendment 80 allocations of the total allowable catch (TAC) specified in the BSAI are 9,853 metric tons (mt), 43,965 mt, and 115,038 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and as revised (81 FR 75740, November 1, 2016). The 2016 flathead sole, rock sole, and yellowfin sole Amendment 80 ABC reserves are 44,308 mt, 93,897 mt, and 55,531 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016).

    The Alaska Seafood cooperative has requested that NMFS exchange 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves under § 679.91(i). Therefore, in accordance with § 679.91(i), NMFS exchanges 850 mt of flathead sole and 1,670 mt of rock sole Amendment 80 allocations of the TAC for 2,520 mt of yellowfin sole Amendment 80 ABC reserves in the BSAI. This action also decreases and increases the TACs and Amendment 80 ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and as revised (81 FR 75740, November 1, 2016) are further revised as follows:

    Table 11—Final 2016 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS [Amounts are in metric tons] Sector Pacific ocean perch Eastern
  • Aleutian
  • District
  • Central
  • Aleutian
  • District
  • Western
  • Aleutian
  • District
  • Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI
    TAC 7,900 7,000 9,000 15,163 52,659 154,278 CDQ 845 749 963 1,160 4,364 18,241 ICA 200 75 10 5,000 6,000 3,500 BSAI trawl limited access 685 618 161 0 0 14,979 Amendment 80 6,169 5,558 7,866 9,003 42,295 117,558 Alaska Groundfish Cooperative 3,271 2,947 4,171 1,411 11,129 43,748 Alaska Seafood Cooperative 2,898 2,611 3,695 7,592 31,166 73,810 Note: Sector apportionments may not total precisely due to rounding.
    Table 13—Final 2016 and 2017 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole [Amounts are in metric tons] Sector 2016 Flathead sole 2016 Rock sole 2016 Yellowfin sole 2017 Flathead sole 2017 Rock sole 2017 Yellowfin sole ABC 66,250 161,100 211,700 64,580 145,000 203,500 TAC 15,163 52,659 154,278 21,000 57,100 144,000 ABC surplus 51,087 108,441 57,422 43,580 87,900 59,500 ABC reserve 51,087 108,441 57,422 43,580 87,900 59,500 CDQ ABC reserve 5,929 12,874 4,411 4,663 9,405 6,367 Amendment 80 ABC reserve 45,158 95,567 53,011 38,917 78,495 53,134 Alaska Groundfish Cooperative for 2016 1 4,145 22,974 24,019 n/a n/a n/a Alaska Seafood Cooperative for 2016 1 41,013 72,593 28,992 n/a n/a n/a 1 The 2017 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2016. Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the flatfish exchange by the Alaska Seafood cooperative the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 25, 2016.

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

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-26723 Filed 11-3-16; 8:45 am] BILLING CODE 3510-22-P
    81 214 Friday, November 4, 2016 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2016-BT-TP-0037] RIN 1904-AD74 Energy Conservation Program: Test Procedures for Integrated Light-Emitting Diode Lamps AGENCY:

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

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    On July 1, 2016, the U.S. Department of Energy (DOE) published a final rule adopting a test procedure for integrated light-emitting diode (LED) lamps (hereafter referred to as “LED lamps”) to support the implementation of labeling provisions by the Federal Trade Commission, as well as the ongoing general service lamps rulemaking, which includes LED lamps. This notice of proposed rulemaking (NOPR) proposes to amend the LED lamps test procedure by allowing for time to failure measurements to be taken at elevated temperatures.

    DATES:

    DOE will accept comments, data, and information regarding this NOPR no later than December 5, 2016. See section V, “Public Participation,” for details.

    ADDRESSES:

    Any comments submitted must identify the Test Procedure NOPR for Integrated LED Lamps, and provide docket number EERE-2016-BT-TP-0037 and/or regulatory information number (RIN) 1904-AD74. Comments may be submitted using any of the following methods:

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

    2. Email: [email protected] Include the docket number EERE-2016-BT-TP-0037 and/or RIN 1904-AD74 in the subject line of the message.

    3. Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585-0121. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies.

    4. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 600, Washington, DC, 20024. Telephone: (202) 586-6636. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

    For detailed instructions on submitting comments and additional information on the rulemaking process, see section V of this NOPR, “Public Participation.”

    DOCKET:

    The docket, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available.

    A link to the docket Web page can be found at https://www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=19. The docket Web page contains simple instructions on how to access all documents, including public comments, in the docket. See section V, “Public Participation,” for information on how to submit comments through www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-1604. Email: [email protected]

    Ms. Celia Sher, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 287-6122. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Authority and Background II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Scope of Applicability B. Proposed Amendment to Approach for Determining Lifetime C. Effective and Compliance Dates IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 V. Public Participation A. Submission of Comments B. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6291, et seq.; “EPCA” or “the Act”) sets forth a variety of provisions designed to improve energy efficiency.1 Part B of title III, which for editorial reasons was redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as codified), establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles.” These consumer products include integrated light-emitting diode (LED) lamps, the subject of this notice of proposed rulemaking (NOPR).

    1 All references to EPCA refer to the statute as amended through the Energy Efficiency Improvement Act of 2015, Public Law 114-11 (April 30, 2015).

    Under EPCA, the energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. The testing requirements consist of test procedures that manufacturers of covered products must use as the basis for (1) certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) making representations about the energy use or efficiency of those products (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the products comply with any relevant standards promulgated under EPCA. (42 U.S.C. 6295(s))

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products. EPCA provides, in relevant part, that any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and shall not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))

    In addition, if DOE determines that a test procedure amendment is warranted, it must publish proposed test procedures and offer the public an opportunity to present oral and written comments on them. (42 U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test procedure, DOE must determine to what extent, if any, the proposed test procedure would alter the measured energy efficiency of any covered product as determined under the existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure would alter the measured efficiency of a covered product, DOE must amend the applicable energy conservation standard accordingly. (42 U.S.C. 6293(e)(2))

    DOE published a final rule in the Federal Register on July 1, 2016 (hereafter the “July 2016 LED TP final rule”), which adopted test procedures for integrated LED lamps in Appendix BB to support the implementation of labeling provisions by the Federal Trade Commission, as well as the ongoing general service lamps rulemaking, a category of lamps that includes LED lamps. 81 FR at 43404. In this notice, DOE proposes to amend the test procedures for integrated LED lamps.

    II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to amend the test procedures for integrated LED lamps with regard to the time to failure test method. Based on stakeholder feedback since the publication of the July 2016 LED TP final rule, DOE is proposing to allow time to failure measurements collected for DOE's LED lamps test procedure to be taken at elevated temperatures.

    Any amended test procedure adopted in this rulemaking will be effective as the applicable DOE test procedure beginning 30 days after publication of a final rule in the Federal Register. Representations of energy use or energy efficiency must be based on testing in accordance with this rulemaking, if adopted, beginning 180 days after the publication of a test procedure final rule. DOE notes that testing done in accordance with the current test procedure would also be in accordance with the amended test procedure proposed here.

    III. Discussion A. Scope of Applicability

    EPCA defines an LED as a p-n junction 2 solid-state device, the radiated output of which, either in the infrared region, visible region, or ultraviolet region, is a function of the physical construction, material used, and exciting current of the device. (42 U.S.C. 6291(30)(CC)) In the July 2016 LED TP final rule, DOE stated that the rulemaking applied to LED lamps that met DOE's adopted definition of an integrated LED lamp, which was based on the term as defined by ANSI/IES RP-16-2010, “Nomenclature and Definitions for Illuminating Engineering,” and adopted as follows:

    2 P-n junction is the boundary between p-type and n-type material in a semiconductor device, such as LEDs. P-n junctions are diodes, active sites where current can flow readily in one direction but not in the other direction.

    Integrated light-emitting diode lamp means an integrated LED lamp as defined in ANSI/IES RP-16 (incorporated by reference; see § 430.3).

    The ANSI/IES standard defines an integrated LED lamp as an integrated assembly that comprises LED packages (components) or LED arrays (modules) (collectively referred to as an LED source), an LED driver, an ANSI standard base, and other optical, thermal, mechanical and electrical components (such as phosphor layers, insulating materials, fasteners to hold components within the lamp together, and electrical wiring). The LED lamp is intended to connect directly to a branch circuit through a corresponding ANSI standard socket. 81 FR 43403, 43405 (July 1, 2016). This NOPR proposes to amend the test procedures for integrated LED lamps.

    B. Proposed Amendment To Approach for Determining Lifetime

    In the July 2016 LED TP final rule, DOE adopted test procedures, located in appendix BB to subpart B of 10 CFR part 430, for measuring and projecting time to failure of LED lamps based on lumen maintenance data. The adopted test procedures were largely based on the industry standards IES LM-84-14, “Approved Method: Measuring Luminous Flux and Color Maintenance of LED Lamps, Light Engines, and Luminaires,” and IES TM-28-14, “Projecting Long-Term Luminous Flux Maintenance of LED Lamps and Luminaires,” for the applicable lumen maintenance measurements and time to failure projection methods, with some modifications. 81 FR 43403, 43427-43428 (July 1, 2016). IES LM-84-14 provides a method for lumen maintenance measurement of integrated LED lamps and specifies the operational and environmental conditions during testing such as operating cycle, ambient temperature, airflow, and orientation. Lumen maintenance is the measure of lumen output after an elapsed operating time, expressed as a percentage of the initial lumen output. IES TM-28-14 provides methods for projecting the lumen maintenance of integrated LED lamps depending on the available data and test duration. The provided methods include projecting time to failure using multiple lumen maintenance measurements collected over a period of time, rather than a single measurement at the end of the test duration. 81 FR at 43409 (July 1, 2016). The adopted test procedure requires that the projection calculation be completed for each individual LED lamp and the projected time to failure values then be used to calculate the lifetime of the sample using the prescribed methods. 81 FR at 43414 (July 1, 2016). The lumen maintenance measurements used in the projection are to be taken at an ambient temperature of 25 °C ± 5 °C.

    Since the publication of the July 2016 LED TP final rule, DOE received a request from the National Electrical Manufacturers Association (NEMA) to approve the use of test results from the Elevated Temperature Life Test 3 contained in the ENERGY STAR Program Requirements Product Specification for Lamps (Light Bulbs) Eligibility Criteria Version 2.0 (hereafter “ENERGY STAR Lamps Specification V2.0”) 4 in place of the test method for measuring lumen maintenance and time to failure in DOE's LED lamps test procedure in order to reduce test burden. NEMA asserted that because the test conditions from the Elevated Temperature Life Test are more stringent, the test results, if any different, would be more conservative than if the lamps were tested according to the current DOE LED lamps test procedure. (NEMA, No. 48 at p. 1).

    3 The ENERGY STAR Elevated Temperature Life Test Method can be found at https://www.energystar.gov/sites/default/files/ENERGY%20STAR%20Elevated%20Temperature%20Life%20Test%20Method.pdf.

    4 “ENERGY STAR Program Requirements: Product Specification for Lamps (Light Bulbs) Version 2.0.” U.S. Environmental Protection Agency, February 2016.

    DOE agrees that the operating temperature test conditions specified in the ENERGY STAR Elevated Temperature Life Test will more negatively affect performance values than those prescribed in DOE's LED lamps test procedure since the Elevated Temperature Life Test requires testing of LED lamps at higher ambient temperatures. Specifically, the Elevated Temperature Life Test requires directional lamps with rated wattages less than or equal to 20 W to be tested at 45 °C ± 5 °C; directional lamps with rated wattages greater than 20 W to be tested at 55 °C ± 5 °C; and all other omnidirectional and decorative lamps to be tested at 45 °C ± 5 °C. DOE's test procedure requires operating temperature to be maintained at 25 °C ± 5 °C. The Elevated Temperature Life Test applies only to lamps that do not have a “not for use in totally enclosed or recessed luminaires” statement (or an equivalent statement) on the lamp label.

    In addition to a difference in ambient temperature during lumen maintenance testing, ENERGY STAR's and DOE's test procedures also differ in how to determine the value of lifetime. ENERGY STAR's test procedure provides a method to confirm a manufacturer-declared lifetime value. It requires manufacturers to meet or exceed minimum lumen maintenance values at a specific test duration to be able to claim a certain maximum lifetime. For example, for a lamp to be certified with a lifetime of 25,000 hours, that lamp must achieve a minimum lumen maintenance of 91.8% after 6,000 hours of operation. DOE's test procedure for determining lifetime depends on the time to failure of individual units, which is determined by taking lumen maintenance measurements at multiple intervals and then calculating the time to failure. For example, after 6,000 hours of testing, manufacturers can use the specified method to project a lamp's time to failure value to be up to 36,000 hours. Lifetime is then determined by calculating the median time to failure of the sample (calculated as the arithmetic mean of the time to failure of the two middle sample units when the numbers are sorted in value order). This is consistent with the statutory definition of lifetime, which is described as the length of operating time of a statistically large group of lamps between first use and failure of 50 percent of the group. 42 U.S.C. 6291(30)(P).

    To maintain consistency with the statutory definition of lifetime, DOE is not allowing for an entire substitution of the ENERGY STAR lifetime test procedure in place of DOE's time to failure measurements. Instead, DOE is proposing in this NOPR to amend section 4.4.4 of appendix BB to allow time to failure testing to be conducted at elevated temperatures above the current requirement, which stipulates to maintain ambient operating temperature at 25 °C ± 5 °C. Manufacturers would then have the flexibility to conduct the Elevated Temperature Life Test for ENERGY STAR, while also following the calculation method for DOE's LED lamps test procedure, and avoid test duplication. LED lamps are sensitive to changes in ambient temperature, generally performing less favorably at higher temperatures. DOE believes this proposed change will result in, if any difference, more conservative representations of lifetime.

    DOE requests comment on the proposed amendment to the integrated LED lamps test procedure to allow testing for time to failure, as prescribed in section 4 of appendix BB to subpart B of 10 CFR part 430, to be conducted at elevated temperatures.

    C. Effective and Compliance Dates

    If adopted, the effective date for the proposed test procedure amendments would be 30 days after publication of the final rule in the Federal Register. Pursuant to EPCA, manufacturers of covered products must use the test procedure as the basis for determining that their products comply with any applicable energy conservation and for making representations about the efficiency of those products. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) For those energy efficiency or consumption metrics covered by the DOE test procedure, manufacturers must make representations in accordance with the DOE test procedure beginning 180 days after publication of the final rule in the Federal Register.

    IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test procedure rulemakings do not constitute “significant regulatory actions” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not subject to review under the Executive Order by the Office of Information and Regulatory Affairs (OIRA) in the OMB.

    B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (IRFA) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003 to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site: http://energy.gov/gc/office-general-counsel.

    DOE reviewed the amended test procedures for LED lamps proposed in this NOPR under the provisions of the Regulatory Flexibility Act (RFA) and the procedures and policies published on February 19, 2003. DOE certifies that the proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is set forth in the following paragraphs.

    The Small Business Administration (SBA) considers a business entity to be a small business, if, together with its affiliates, it employs less than a threshold number of workers specified in 13 CFR part 121. These size standards and codes are established by the North American Industry Classification System (NAICS). Manufacturing of LED lamps is classified under NAICS 335110, “Electric Lamp Bulb and Part Manufacturing.” The SBA sets a threshold of 1,250 employees or less for an entity to be considered as a small business for this category.

    To estimate the number of companies that could be small businesses that sell LED lamps covered by this rulemaking, DOE conducted a market survey using publicly available information. DOE's research involved information from the Environmental Protection Agency's ENERGY STAR Certified Light Bulbs Database,5 LED Lighting Facts Database,6 previous rulemakings, individual company Web sites, SBA's database, and market research tools (e.g., Hoover's reports). DOE screened out companies that did not meet the definition of a “small business” or are completely foreign owned and operated. DOE identified approximately seven small businesses that maintain domestic production facilities for the integrated LED lamps covered by this rulemaking.

    5 ENERGY STAR Certified Light Bulbs Database, https://www.energystar.gov/productfinder/product/certified-light-bulbs/results (last accessed October 19, 2016).

    6 DOE's LED Lighting Facts Database, http://www.lightingfacts.com/products (last accessed October 19, 2016).

    DOE notes that this proposed rule merely seeks to amend the existing LED test procedure in a way that would reduce test burden on manufacturers. The proposed amendment would reduce the instances in which two tests for lifetime must be conducted for the same lamp. In addition, the proposal is supported by industry, including NEMA. Manufacturers that would seek to test time to failure at elevated temperatures under the proposed amendment, if adopted, are likely to have previously accounted for testing costs associated with the ENERGY STAR program as these measurements are required to be reported to ENERGY STAR if manufacturers certify the lamps as meeting the program requirements. For manufacturers who do not test products at elevated temperatures, this proposed amendment presents no additional burden.

    For these reasons, DOE tentatively concludes and certifies that the proposed amendment in this NOPR would not have a significant economic impact on a substantial number of small entities, and the preparation of an IRFA is not warranted. DOE will transmit the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).

    C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of LED lamps must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including LED lamps. (See generally 10 CFR part 429.) The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 30 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

    Notwithstanding any other provision of the law, no person is required to respond to, nor must any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number.

    D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE is proposing an amendment to the test procedure for LED lamps that will be used to support the ongoing general service lamps energy conservation standards rulemaking as well as the FTC's Lighting Facts labeling program. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. Specifically, this proposed rule would amend the existing test procedure for integrated LED lamps without affecting the amount, quality or distribution of energy usage, and, therefore, will not result in any environmental impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any rulemaking that interprets or amends an existing rule without changing the environmental effect of that rule. Accordingly, neither an environmental assessment nor an environmental impact statement is required.

    E. Review Under Executive Order 13132

    Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have Federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed rule and has determined that it will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132.

    F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988.

    G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action resulting in a rule that may cause 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 (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at http://energy.gov/gc/office-general-counsel. DOE examined this proposed rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply.

    H. Review Under the Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriations Act, 1999 (Public Law 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.

    I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” 53 FR 8859 (March 18, 1988), that this regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution.

    J. Review Under Treasury and General Government Appropriations Act, 2001

    Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.

    K. Review Under Executive Order 13211

    Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use.

    This regulatory action to propose an amended test procedure for measuring the lumen maintenance and time to failure of LED lamps is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects.

    L. Review Under Section 32 of the Federal Energy Administration Act of 1974

    Under section 301 of the Department of Energy Organization Act (Public Law 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (FTC) concerning the impact of the commercial or industry standards on competition.

    The proposed amendment to the test procedures for LED lamps in this NOPR does not incorporate any new standards that would require compliance under section 32(b) of the FEAA.

    V. Public Participation A. Submission of Comments

    DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this NOPR. Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this NOPR.

    Submitting comments via regulations.gov. The regulations.gov Web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment.

    However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments.

    Do not submit to regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through regulations.gov cannot be claimed as CBI. Comments received through the Web site will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section.

    DOE processes submissions made through regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that regulations.gov provides after you have successfully uploaded your comment.

    Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments.

    Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted.

    Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author.

    Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time.

    Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked non-confidential with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

    Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

    It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

    B. Issues on Which DOE Seeks Comment

    Although comments are welcome on all aspects of this proposed rulemaking, DOE is particularly interested in comments on the proposed amendment to the integrated LED lamps test procedure to allow for testing to be conducted at elevated temperatures during time to failure tests as prescribed in section 4 of appendix BB to subpart B of 10 CFR part 430.

    VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed rule.

    List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC on October 28, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 430 of Chapter II of Title 10, Code of Federal Regulations as set forth below:

    PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for part 430 continues to read as follows: Authority:

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

    2. Appendix BB to subpart B of part 430 is amended by revising the introductory note and section 4.4.4 to read as follows: Appendix BB to Subpart B of Part 430—Uniform Test Method for Measuring the Input Power, Lumen Output, Lamp Efficacy, Correlated Color Temperature (CCT), Color Rendering Index (CRI), Power Factor, Time to Failure, and Standby Mode Power of Integrated Light-Emitting Diode (LED) Lamps

    Note: On or after [Date 180 Days after Publication of Final Rule in the Federal Register], any representations made with respect to the energy use or efficiency of integrated light-emitting diode lamps must be made in accordance with the results of testing pursuant to this appendix.

    4. Active Mode Test Method to Measure Time to Failure

    4.4. Operating Conditions and Setup Between Lumen Output Measurements

    4.4.4. Ambient temperature conditions must be as described in section 4.4 of IES LM-84. Maintain the ambient temperature at 25 °C ± 5 °C or at a manufacturer-selected temperature higher than 25 °C with the same ± 5 °C tolerance.

    [FR Doc. 2016-26681 Filed 11-3-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9357; Directorate Identifier 2016-CE-030-AD] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by December 19, 2016.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: (202) 493-2251.

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

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this proposed AD, contact Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 3333; fax: +41 (0)41 619 7311; email: [email protected]; Internet: http://www.pilatus-aircraft.com. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9357; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9357; Directorate Identifier 2016-CE-030-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2016-0183, dated September 13, 2016 (referred to after this as “the MCAI”), to correct an unsafe condition for Pilatus Aircraft Ltd. Model PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes and was based on mandatory continuing airworthiness information originated by an aviation authority of another country. The MCAI states:

    The proper installation of the aileron counterweight requires a combination, peculiar to each aileron, of anchor nut types, bolt types, number of washers, and the definition of the bolt torque. Some combinations of counterweight and attaching parts, which could result in reduced thread engagement, have been reported on a PC-6 aeroplane.

    This condition, if not detected and corrected, may lead to a disconnection of the aileron counterweight from the aileron, possibly resulting in reduced control of the aeroplane.

    To address this potential unsafe condition, Pilatus issued Service Bulletin (SB) No. 57-006 (hereafter referred to as `the SB' in this AD) to provide inspection instructions.

    For the reason described above, this AD requires identification and inspection of the affected aileron mass-balance counterweight attachment parts and, depending on findings, accomplishment of applicable corrective action(s).

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9357.

    Related Service Information Under 1 CFR Part 51

    Pilatus Aircraft Ltd. has issued Pilatus PC-6 Service Bulletin No. 57-006, dated May 13, 2016. The service information describes procedures for removal, installation, and inspection of the ailerons, aileron balance tabs, and the aileron counterweights and their attaching parts. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this NPRM.

    FAA's Determination and Requirements of the Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD will affect 30 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $100 per product.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $8,100, or $270 per product.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: Pilatus Aircraft Ltd.: Docket No. FAA-2016-9357; Directorate Identifier 2016-CE-030-AD. (a) Comments Due Date

    We must receive comments by December 19, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to PILATUS Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC- 6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes, all manufacturer serial numbers (MSN), including MSN 2001 through 2092 (see Note 1 of paragraph c), certificated in any category.

    Note 1 of paragraph (c):

    For MSN 2001-2092, these airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.

    (d) Subject

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

    (e) Reason

    This AD was prompted by certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this proposed AD to prevent disconnection of the aileron counterweight from the aileron, which could result in loss of control.

    (f) Actions and Compliance

    Unless already done, do the following actions as specified in paragraphs (f)(1) and (2) of this AD:

    (1) Within the next 12 months after the effective date of this AD or the next time the ailerons or aileron counterweights are removed or installed, whichever occurs first, and thereafter anytime the ailerons or aileron counterweights are removed or installed, remove each aileron counterweight to inspect the type and number of washers required for the installation of a counterweight on each aileron following the accomplishment instructions of paragraphs 3.B.(2) and 3.B.(3) of Pilatus PC-6 Service Bulletin (SB) No. 57-006, dated May 13, 2016.

    (2) Before further flight after the inspection required by paragraph (f)(1) of this AD, reinstall each aileron counterweight on the airplane following the accomplishment instructions of paragraph 3.B.(3) of Pilatus PC-6 SB No. 57-006, dated May 13, 2016.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: [email protected] Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.

    (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

    (h) Related Information

    Refer to MCAI EASA AD No.: 2016-0183, dated September 13, 2016, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9357. For service information related to this AD, contact Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 3333; fax: +41 (0)41 619 7311; email: [email protected]; Internet: http://www.pilatus-aircraft.com. You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on October 27, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-26429 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-7850; Directorate Identifier 2016-NE-16-AD] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Turbomeca S.A. Arriel 2B turboshaft engines. This proposed AD was prompted by a report of an uncommanded in-flight shutdown (IFSD) on a single-engine helicopter, caused by a low returning spring rate of the needle of the hydro-mechanical metering unit (HMU). This proposed AD would require removing any pre-modification (mod) TU 158 HMU and replacing with a part eligible for installation. We are proposing this AD to prevent failure of the HMU, failure of the engine, IFSD, and loss of the helicopter.

    DATES:

    We must receive comments on this NPRM by December 19, 2016.

    ADDRESSES:

    You may send comments by any of the following methods:

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

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

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

    Fax: 202-493-2251.

    For service information identified in this proposed AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: (33) 05 59 74 40 00; fax: (33) 05 59 74 45 15. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-7850.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-7850; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Steeves, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7765; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-7850; Directorate Identifier 2016-NE-16-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2016-0098, dated May 23, 2016 (referred to hereinafter as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    Following a report of an un-commanded in-flight shut-down (IFSD), Turbomeca carried out an engineering investigation. This investigation concluded that the cause of the event was a low returning spring rate of the needle of the hydro-mechanical metering unit (HMU), which enabled needle oscillation during rapid engine deceleration.

    This condition, if not corrected, could lead to further cases of IFSD, possibly resulting in an emergency landing on single engine.

    To address this potential unsafe condition, Turbomeca developed modification (Mod) TU 158, which increases needle return spring rate to prevent oscillation during rapid deceleration, thus preventing the risk of un-commanded IFSD. Turbomeca also published Mandatory Service Bulletin (MSB) 292 73 3158 for embodiment of this modification in service.

    You may obtain further information by examining the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-7850.

    Related Service Information Under 1 CFR Part 51

    Turbomeca S.A. has issued MSB No. 292 73 3158, Version A, dated April 7, 2016. The MSB describes procedures for removing the pre-mod TU 158 HMU and replacing with an HMU modified with mod TU 158. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of France, and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD would require removing the pre-mod TU 158 HMU and replacing with a part eligible for installation.

    Costs of Compliance

    We estimate that this proposed AD affects 124 engines installed on helicopters of U.S. registry. We also estimate that it will take about 2.0 hours per engine to comply with this AD. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $21,080.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Turbomeca S.A.: Docket No. FAA-2016-7850; Directorate Identifier 2016-NE-16-AD. (a) Comments Due Date

    We must receive comments by December 19, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Turbomeca S.A. Arriel 2B turboshaft engines with a pre-modification (mod) TU 158 hydro-mechanical metering unit (HMU), installed.

    (d) Reason

    This AD was prompted by a report of an uncommanded in-flight shutdown (IFSD) on a single engine helicopter caused by a low returning spring rate of the needle of the HMU. We are issuing this AD to prevent failure of the HMU, failure of the engine, IFSD and loss of the helicopter.

    (e) Actions and Compliance

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

    (1) For an engine in pre-mod TU 158 configuration, within 200 engine hours, or within 5 months, whichever occurs first after the effective date of this AD, remove the pre-mod TU 158 HMU from service and replace with a part eligible for installation.

    (2) Reserved.

    (f) Installation Prohibition

    After the effective date of the AD, do not install any pre-mod TU 158 HMU into any engine.

    (g) Definition

    For the purpose of this AD, an HMU eligible for installation is one that incorporates mod TU 158 in accordance with Turbomeca MSB No. 292 73 3158, Version A, dated April 7, 2016, or other FAA approved parts.

    (h) Alternative Methods of Compliance (AMOCs)

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

    (i) Related Information

    (1) For more information about this AD, contact Kenneth Steeves, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7765; fax: 781-238-7199; email: [email protected]

    (2) Refer to MCAI European Aviation Safety Agency (EASA), AD 2016-0098, dated May 23, 2016, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2016-7850.

    (3) Turbomeca Mandatory Service Bulletin MSB No. 292 73 3158, Version A, dated April 7, 2016, can be obtained from Turbomeca S.A., using the contact information in paragraph (i)(4) of this proposed AD.

    (4) For service information identified in this proposed AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: (33) 05 59 74 40 00; fax: (33) 05 59 74 45 15.

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

    Issued in Burlington, Massachusetts, on October 25, 2016. Colleen M. D'Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2016-26335 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-8163; Airspace Docket No. 16-ANM-2] Proposed Establishment of Class E Airspace, Thermopolis, WY AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of Proposed Rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Hot Springs County Airport, Thermopolis, WY, to support the development of Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures at the airport, for the safety and management of aircraft within the National Airspace System.

    DATES:

    Comments must be received on or before December 19, 2016.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2016-8163; Airspace Docket No. 16-ANM-2, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov.

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Tom Clark, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4511.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish Class E airspace at Hot Springs County Airport, Thermopolis, WY.

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Persons wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2016-8163/Airspace Docket No. 16-ANM-2”. The postcard will be date/time stamped and returned to the commenter.

    All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface at Hot Springs County Airport, Thermopolis, WY. Class E airspace would be established within a 4.8-mile radius of Hot Springs County Airport, with segments extending from the 3.5-mile radius to 5.5 miles northwest of the airport, and 7 miles southwest of the airport. This airspace is necessary to support the development of IFR operations in standard instrument approach and departure procedures at the airport.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM WY E5 Thermopolis, WY [New] Hot Springs County Airport, WY (Lat. 43°42′49″ N., long. 108°23′23″ W.)

    That airspace extending upward from 700 feet above the surface within a 4.8-mile radius of Hot Spring County Airport, and within 4.8 miles each side of the airport 230° bearing extending from the 4.8 mile radius to 7 miles southwest of the airport, and within 1.8 miles each side of the airport 055° bearing extending from the 4.8-mile radius to 5.5 miles northeast of the airport.

    Issued in Seattle, Washington, on October 24, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2016-26440 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-9102; Airspace Docket No. 16-AEA-6] Proposed Amendment of Class E Airspace, Monongahela, PA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E airspace at Monongahela, PA, as the Allegheny VHF Omni-directional Range, (VOR), has been decommissioned, requiring airspace reconfiguration at Rostraver Airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport.

    DATES:

    Comments must be received on or before December 19, 2016.

    ADDRESSES:

    Send comments on this proposal to: U. S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1-800-647-5527, or (202) 366-9826. You must identify the Docket No. FAA-2016-9102; Airspace Docket No. 16-AEA-6, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

    FAA Order 7400.11A, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11A at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend Class E airspace at Rostraver Airport, Monongahela, PA.

    Comments Invited

    Interested persons are invited to comment on this proposed rule by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers and be submitted in triplicate to the address listed above. You may also submit comments through the Internet at http://www.regulations.gov.

    Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2016-9102; Airspace Docket No. 16-AEA-6.” The postcard will be date/time stamped and returned to the commenter.

    All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRMs

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays at the office of the Eastern Service Center, Federal Aviation Administration, room 350, 1701 Columbia Avenue, College Park, Georgia 30337.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) Part 71 to amend Class E airspace extending upward from 700 feet or more above the surface within a 6.5-mile radius of Rostraver Airport, Monongahela, PA, due to the decommissioning of the Allegheny VOR, and to ensure the safety and management of the modified IFR operations at the airport.

    Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

    Environmental Review

    This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: Authority:

    49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AEA PA E5 Monongahela, PA [Amended] Rostraver Airport, Monongahela, PA (Lat. 40°12′35″ N., long. 79°49′53″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Rostraver Airport.

    Issued in College Park, Georgia, on October 21, 2016. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2016-26436 Filed 11-3-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0963] RIN 1625-AA09 Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to modify the operating schedule that governs the State Route 22 Bridge (Madisonville (SR22) swing span bridge) across the Tchefuncta River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. The Louisiana Department of Transportation and Development requested changes to the present drawbridge operating regulations governing the SR 22 swing span bridge, to enhance the flow of vehicle traffic across the bridge.

    DATES:

    Comments and related material must reach the Coast Guard on or before January 18, 2017.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2016-0963 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this proposed rule, call or email David Frank, Bridge Administrator, at 504-671-2128, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code LTOTD Louisiana Department of Transportation and Development SR State Route MHW Mean High Water II. Background, Purpose and Legal Basis

    Local governmental officials from St. Tammany Parish and the City of Madisonville, in conjunction with the Louisiana Department of Transportation and Development (LDOTD), requested that the operating regulation of the SR 22 Bridge, a swing span bridge, be changed in order to better accommodate the increased vehicular traffic crossing the bridge especially during the peak, weekday rush hours. Currently, this bridge is governed under 33 CFR 117.500. The current regulation was created to allow for improved vehicular traffic flow during peak rush hours due to the increased population of the western portions of St. Tammany Parish.

    Based on a recent study of the current vehicle traffic crossing the bridge, public officials and LDOTD requested that the operating regulation be changed to better meet current bridge use.

    The traffic study conducted by the LDOTD determined that the existing vehicular traffic at the intersection of SR 22 and SR 21/SR 1077 is over capacity at peak hours and causes unacceptable levels of delay to roadway traffic. This situation is compounded by the opening of the bridge during these peak hours. A combination of modifications to the operating schedule of the bridge and modifications to the traffic controls at this intersection will improve traffic flow and reduce traffic delays. As the largest commercial facility upstream of the bridge is no longer in service, most of the vessels that request openings are recreational powerboats and sailboats that routinely transit this waterway and should be able to adjust their schedules to coincide with the proposed drawbridge operating schedule. The SR 22 swing bridge has a vertical clearance of 6.2 feet above Mean High Water (MHW) in the closed-to-navigation position and unlimited clearance in the open-to-navigation position.

    Concurrent with the publication of the Notice of Proposed Rulemaking (NPRM), a Test Deviation [USCG-2016-0963] has been issued to allow the LDOTD to test the proposed schedule and to obtain data and public comments. The test period will be in effect during the entire NPRM comment period. The Coast Guard will review the logs of the drawbridge, the traffic counts provided by LDOTD, and evaluate public comments from this NPRM and the above referenced Temporary Deviation to determine if the requested change to the permanent special drawbridge operating regulation is warranted.

    III. Discussion of Proposed Rule

    The rule proposes to amend 33 CFR 117.500. The proposed rule change would extend the time between openings from 30 minutes to an hour, between 6 a.m. and 7 p.m., and not require the bridge to open for the passage of vessels at 8 a.m., 5 p.m. and 6 p.m. during the weekday rush hours. This additional time would allow commuters and school buses to cross the bridge freely and prevent vehicular traffic from backing up for over a mile on SR 22. The bridge will open at any time in the case of an emergency.

    Approximately 7,500 vehicles cross the bridge daily between the hours of 6 a.m. and 7 p.m. Vessel openings for the month of July indicate that the bridge opened to pass vessels 118 times during the week and 202 times during the weekend. Vessel openings for the month of August dropped to 68 openings during the week and 85 openings during the weekend.

    Traffic studies have indicated a significant increase in highway traffic delays caused by bridge openings, consisting of mainly recreational traffic that presently passes through the bridge on scheduled openings, and can adjust their schedules to work with the needs of land transportation. There are no alternate routes available for vessels that wish to transit the bridge site; however, if vessels have a vertical clearance requirement of less than 6.2 feet above MHW, they may transit the bridge site at any time.

    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 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. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on a reduction of commercial vessel traffic on this waterway, and the recreational powerboats and sailboats that routinely transit this waterway can still transit the bridge under the proposed schedule. And, those vessels with a vertical clearance requirement of less than 6.2 feet above MHW, they may transit the bridge site at any time. This regulatory action takes into account the reasonable needs of vessel and vehicular traffic.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.

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

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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 call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    D. Federalism and Indian Tribal Government

    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 has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction.

    Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. 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 notice, and all public comments, are 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 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:

    PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority:

    33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.

    2. Revise § 117.500 to read as follows:
    § 117.500 Tchefuncta River

    The draw of the SR 22 Bridge, mile 2.5, at Madisonville, shall open on signal from 7 p.m. to 6 a.m. From 6 a.m. to 7 p.m., the draw need only open on the hour, except that the draw need not open for the passage of vessels at 8 a.m., 5 p.m. and 6 p.m. Monday through Friday except federal holidays. The bridge will open at any time an emergency.

    Dated: October 31, 2016. David R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
    [FR Doc. 2016-26654 Filed 11-3-16; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R06-OAR-2016-0293; FRL-9954-35-Region 6] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Louisiana; Redesignation of Baton Rouge Nonattainment Area, 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    On May 2, 2016, the State of Louisiana submitted a request for the Environmental Protection Agency (EPA) to redesignate the five-parish Baton Rouge Nonattainment Area (BRNA or Area) for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS or standard) to attainment and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the area. EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS; to approve into the SIP the State's plan for maintaining attainment of the standard in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) for the years 2022 and 2027; and to redesignate the BRNA to attainment for the standard.

    DATES:

    Comments must be received on or before December 5, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket No. EPA-R06-OAR-2016-0293, at http://www.regulations.gov or via email to [email protected] Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Wendy Jacques, (214) 665-7395, [email protected] 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.

    Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI).

    FOR FURTHER INFORMATION CONTACT:

    Wendy Jacques, (214) 665-7395, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Jacques or Mr. Bill Deese at 214-665-7253.

    SUPPLEMENTARY INFORMATION:

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

    I. What are EPA's proposed actions?

    EPA is proposing to take the following three separate but related actions, one of which involves multiple elements: (1) To determine that the BRNA continues to attain the 2008 ozone NAAQS; 1 (2) to approve into the SIP, Louisiana's plan for maintaining the 2008 ozone NAAQS (maintenance plan), including the associated MVEBs for the BRNA; and (3) to redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA is also notifying the public of the status of EPA's adequacy determination for the MVEBs for the BRNA. The BRNA is comprised of five parishes that make up the historical metropolitan statistical area: Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. Today's proposed actions are summarized below and described in greater detail throughout this notice of proposed rulemaking.

    1 On May 4, 2016, we determined that the BRNA had attained the ozone NAAQS, by the applicable attainment date of July 20, 2015, based on 2012-2014 monitoring data. See 81 FR 26697.

    EPA is proposing to approve Louisiana's maintenance plan for the BRNA as meeting the requirements of section 175A [such approval being one of the Clean Air Act (CAA or Act) criteria for redesignation to attainment status]. The maintenance plan is designed to keep the BRNA in attainment of the 2008 ozone NAAQS through 2027. The maintenance plan includes 2022 and 2027 MVEBs for NOX and VOC for the BRNA for transportation conformity purposes. EPA is proposing to approve these MVEBs and incorporate them into the Louisiana SIP.

    EPA also proposes to determine that the BRNA has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is proposing to approve a request to change the legal designation of the BRNA, as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS.

    EPA is also notifying the public of the status of EPA's adequacy process for the 2022 and 2027 NOX and VOC MVEBs for the BRNA. The Adequacy comment period began on May 6, 2016, with EPA's posting of the availability of Louisiana's submissions on EPA's Adequacy Web site (http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm). The Adequacy comment period for these MVEBs closed on June 6, 2016. No comments, adverse or otherwise, were received during the Adequacy comment period. Please see section VII of this proposed rulemaking for further explanation of this process and for more details on the MVEBs.

    In summary, today's notice of proposed rulemaking is in response to Louisiana's May 2, 2016, redesignation request and associated SIP submission that address the specific issues summarized above and the necessary elements described in section 107(d)(3)(E) of the CAA for redesignation of the BRNA to attainment for the 2008 ozone NAAQS.

    II. What is the background for EPA's proposed actions?

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA's regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained when the 3-year average of the annual fourth highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. The ambient air quality monitoring data completeness requirement is met when the average percent of days with valid ambient monitoring data is equal to or greater than 90 percent, and no single year has less than 75 percent data completeness as determined in Appendix P of part 50.

    Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that is violating the NAAQS, based on the three most recent years of complete, quality assured, and certified ambient air quality data at the conclusion of the designation process. The BRNA was designated nonattainment for the 2008 ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time of designation, the BRNA was classified as a marginal nonattainment area for the 2008 ozone NAAQS. In the final implementation rule for the 2008 ozone NAAQS (SIP Implementation Rule),2 EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA. This rule established an attainment date three years after the July 20, 2012, effective date of designation for areas classified as marginal for the 2008 ozone nonattainment designations.3 Therefore, the BRNA's attainment date was July 20, 2015.

    2 This rule, entitled Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements and published at 80 FR 12264 (March 6, 2015), addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress, RACT, reasonably available control measures, major NSR, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. This rule also addresses the revocation of the 1997 ozone NAAQS and the anti-backsliding requirements that apply when the 1997 ozone NAAQS are revoked.

    3 The SIP Implementation Rule modified 40 CFR 51.1103 to establish attainment dates that run from the effective date of designation, i.e., July 20, 2012. This action was in response to the D.C. Circuit's decision in NRDC v. EPA (D.C. Cir. No. 12-1321) (Dec. 23, 2014). The Court's decision held “that the EPA's decision to run the attainment periods from the end of the calendar year in which areas were designated was unreasonable.” 80 FR 12264, at 12268.

    III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment area to attainment. Specifically, section 107(d)(3)(E) of the CAA allows for redesignation providing that: (1) The Administrator determines that the area has attained the applicable NAAQS; (2) the Administrator has fully approved the applicable implementation plan for the area under section 110(k); (3) the Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable SIP and applicable Federal air pollutant control regulations and other permanent and enforceable reductions; (4) the Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175A; and, (5) the state containing such area has met all requirements applicable to the area for purposes of redesignation under section 110 and part D of the CAA.

    On April 16, 1992, EPA provided guidance on redesignation in the General Preamble for the Implementation of title I of the CAA Amendments of 1990 (57 FR 13498), and supplemented this guidance on April 28, 1992 (57 FR 18070). EPA has provided further guidance on processing redesignation requests in the following documents:

    1. “Ozone and Carbon Monoxide Design Value Calculations,” Memorandum from Bill Laxton, Director, Technical Support Division, June 18, 1990; 2. “Maintenance Plans for Redesignation of Ozone and Carbon Monoxide Nonattainment Areas,” Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, April 30, 1992; 3. “Contingency Measures for Ozone and Carbon Monoxide (CO) Redesignations,” Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, June 1, 1992; 4. “Procedures for Processing Requests to Redesignate Areas to Attainment,” Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (hereafter referred to as the “Calcagni Memorandum”); 5. “State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,” Memorandum from John Calcagni, Director, Air Quality Management Division, October 28, 1992; 6. “Technical Support Documents (TSDs) for Redesignation of Ozone and Carbon Monoxide (CO) Nonattainment Areas,” Memorandum from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993; 7. “State Implementation Plan (SIP) Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or After November 15, 1992,” Memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation, September 17, 1993; 8. “Use of Actual Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment Areas,” Memorandum from D. Kent Berry, Acting Director, Air Quality Management Division, November 30, 1993; 9. “Part D New Source Review (Part D NSR) Requirements for Areas Requesting Redesignation to Attainment,” Memorandum from Mary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994; and 10. “Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard,” Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, May 10, 1995. IV. Why is EPA proposing these actions?

    On May 2, 2016, the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), requested that EPA redesignate the BRNA to attainment for the 2008 ozone NAAQS. EPA's evaluation indicates that the entire BRNA has attained the 2008 ozone NAAQS, and that the BRNA meets the requirements for redesignation as set forth in section 107(d)(3)(E), including the maintenance plan requirements under section 175A of the CAA. As a result, EPA is proposing to take the three related actions summarized in section I of this notice.

    V. What is EPA's analysis of the request?

    Our analysis of the State's request with respect to the five redesignation criteria provided under CAA section 107(d)(3)(E) is discussed in the following paragraphs of this section.

    Criteria (1)—The BRNA has attained the 2008 ozone NAAQS.

    For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the area has attained the applicable NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be considered to be attaining the 2008 ozone NAAQS if it meets the 2008 ozone NAAQS, as determined in accordance with 40 CFR 50.15 and Appendix P of part 50, based on three complete, consecutive calendar years of quality-assured air quality monitoring data. To attain the 2008 ozone NAAQS, the 3-year average of the fourth-highest daily maximum average ozone concentrations measured at each monitor within an area over each year must not exceed 0.075 ppm. Based on the data handling and reporting convention described in 40 CFR part 50, Appendix P, the 2008 ozone NAAQS are attained if the design value is 0.075 ppm or below. The data must be collected and quality-assured in accordance with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS). The monitors generally should have remained at the same location for the duration of the monitoring period required for demonstrating attainment.

    EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS. EPA reviewed ozone monitoring data from monitoring stations in the BRNA for the 2008 8-hour ozone NAAQS for 2011-2015, and the design values for each monitor in the Area are less than 0.075 ppm. These data have been quality-assured, are recorded in AQS, and indicate that the Area is attaining the 2008 ozone NAAQS. The fourth-highest 8-hour ozone values at each monitor for 2011, 2012, 2013, 2014, 2015, and the 3-year averages of these values (i.e., design values), are summarized in Table 1, below.

    Table 1—2011-2015 Design Value Concentrations for the BRNA Site 4th Highest 8-hour ozone value
  • (ppm)
  • 2011 2012 2013 2014 2015 3-Year design values
  • (ppm)
  • 2011-2013 2012-2014 2013-2015
    Plaquemine 0.079 0.074 0.061 0.061 0.069 0.071 0.065 0.063 Carville 0.084 0.073 0.068 0.068 0.075 0.075 0.069 0.070 Dutchtown 0.080 0.071 0.062 0.069 0.074 0.071 0.067 0.068 LSU 0.083 0.075 0.067 0.075 0.073 0.075 0.072 0.071 Port Allen 0.074 0.070 0.060 0.066 0.066 0.068 0.065 0.064 Pride 0.075 0.070 0.062 0.068 0.062 0.069 0.066 0.064 French Settlement 0.077 0.071 0.069 0.073 0.070 0.072 0.071 0.070 Capitol 0.080 0.072 0.066 0.070 0.069 0.072 0.069 0.068

    The 3-year design value for 2011-2013 for the BRNA is 0.075 ppm,4 which meets the 2008 ozone NAAQS. Further, quality assured data shows the 2012-2014 design value for the BRNA has decreased to 0.072 ppm and the 2013-2015 design value for the BRNA has decreased to 0.071 ppm. In today's action, EPA is proposing to determine that the BRNA is continuing to attain the 2008 ozone NAAQS. EPA will not take final action to approve the redesignation if the 3-year design value exceeds the NAAQS prior to EPA finalizing the redesignation. As discussed in more detail below, the State of Louisiana has committed to continue monitoring in this Area in accordance with 40 CFR part 58.

    4 The monitor with the highest 3-year design value is considered the design value for the BRNA.

    Criteria (2)—Louisiana has a fully approved SIP under section 110(k) for the BRNA; and Criteria (5)—Louisiana has met all applicable requirements under section 110 and part D of title I of the CAA.

    For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the state has met all applicable requirements under section 110 and part D of title I of the CAA (CAA section 107(d)(3)(E)(v)) and that the state has a fully approved SIP under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA proposes to find that Louisiana has met all applicable SIP requirements for the BRNA under section 110 of the CAA (general SIP requirements) for purposes of redesignation. Additionally, EPA proposes to find that the Louisiana SIP satisfies the criterion that it meets applicable SIP requirements for purposes of redesignation under part D of title I of the CAA in accordance with section 107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is fully approved with respect to all requirements applicable for purposes of redesignation in accordance with section 107(d)(3)(E)(ii). In making these determinations, EPA ascertained which requirements are applicable to the Area and, if applicable, that they are fully approved under section 110(k). SIPs must be fully approved only with respect to requirements that were applicable prior to submittal of the complete redesignation request. See Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 (May 12, 2003) (redesignation of St. Louis, Missouri); September 4, 1992 Calcagni memorandum; September 17, 1993 Michael Shapiro memorandum, and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of Detroit-Ann Arbor, MI).

    a. The BRNA Has Met All Applicable Requirements Under Section 110 and Part D of the CAA

    General SIP requirements. General SIP elements and requirements are delineated in section 110(a)(2) of title I, part A of the CAA. These requirements include, but are not limited to, the following: Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing; provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality; implementation of a source permit program; provisions for the implementation of part C requirements (Prevention of Significant Deterioration (PSD)) and provisions for the implementation of part D requirements (Nonattainment NSR permit programs); provisions for air pollution modeling; and provisions for public and local agency participation in planning and emission control rule development.

    Section 110(a)(2)(D) requires that SIPs contain certain measures to prevent sources in a state from significantly contributing to air quality problems in another state. To implement this provision, EPA has required certain states to establish programs to address the interstate transport of air pollutants. The section 110(a)(2)(D) requirements for a state are not linked with a particular nonattainment area's designation and classification in that state. EPA believes that the requirements linked with a particular nonattainment area's designation and classifications are the relevant measures to evaluate in reviewing a redesignation request. The transport SIP submittal requirements, where applicable, continue to apply to a state regardless of the designation of any one particular area in the state. Thus, EPA does not believe that the CAA's interstate transport requirements should be construed to be applicable requirements for purposes of redesignation. See 75 FR 2091, January 14, 2010.

    In addition, EPA believes other section 110 elements that are neither connected with nonattainment plan submissions nor linked with an area's attainment status are applicable requirements for purposes of redesignation. The area will still be subject to these requirements after the area is redesignated. The section 110 and part D requirements that are linked with a particular area's designation and classification are the relevant measures to evaluate in reviewing a redesignation request. This approach is consistent with EPA's existing policy on applicability (i.e., for redesignations) of conformity and oxygenated fuels requirements, as well as with section 184 ozone transport requirements. See Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking (60 FR 62748, December 7, 1995). See also the discussion on this issue in the Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 2001).

    Title I, Part D, applicable SIP requirements. Section 172(c) of the CAA sets forth the basic requirements of attainment plans for nonattainment areas that are required to submit them pursuant to section 172(b). Subpart 2 of part D, which includes section 182 of the CAA, establishes specific requirements for ozone nonattainment areas depending on the area's nonattainment classification. As provided in Subpart 2, the specific requirements of section 182(a) apply in lieu of the demonstration of attainment (and contingency measures) required by section 172(c). 42 U.S.C. 7511a(a). A thorough discussion of the requirements contained in sections 172(c) and 182 can be found in the General Preamble for Implementation of Title I (57 FR 13498, April 16, 1992).

    Section 182(a) Requirements. Section 182(a)(1) requires states to submit a comprehensive, accurate, and current inventory of actual emissions from sources of VOC and NOX emitted within the boundaries of the ozone nonattainment area. Louisiana provided an emissions inventory for the BRNA to EPA in this SIP submission. On July 5, 2016, EPA published a direct final rule to approve this emissions inventory into the SIP. See 81 FR 43490.

    Under section 182(a)(2)(A), states with ozone nonattainment areas that were designated prior to the enactment of the 1990 CAA amendments were required to submit, within six months of classification, all rules and corrections to existing VOC reasonably available control technology (RACT) that were required under section 172(b)(3) of the CAA (and related guidance) prior to the 1990 CAA amendments. The BRNA is subject to the section 182(a)(2) RACT “fix up” and has been approved (59 FR 23166, May 5, 1994).

    Section 182(a)(2)(B) requires each state with a marginal ozone nonattainment area that implemented, or was required to implement, an inspection and maintenance (I/M) program prior to the 1990 CAA amendments to submit a SIP revision providing for an I/M program no less stringent than that required prior to the 1990 CAA amendments or already in the SIP at the time of the amendments, whichever is more stringent. The BRNA is subject to the section 182(a)(2)(B) and does have an approved I/M program (71 FR 66113, November 13, 2006).

    Regarding the permitting and offset requirements of section 182(a)(2)(C) and section 182(a)(4), Louisiana does have an approved part D NSR program in place (62 FR 52948, October 10, 1997). However, EPA has determined that areas being redesignated need not comply with the requirement that a NSR program be approved prior to redesignation, provided that the area demonstrates maintenance of the NAAQS without part D NSR, because PSD requirements will apply after redesignation. A more detailed rationale for this view is described in a memorandum from Mary Nichols, Assistant Administrator for Air and Radiation, dated October 14, 1994, entitled, “Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment.” Louisiana's PSD program will automatically become applicable in the BRNA upon redesignation to attainment. See Louisiana Regulations Title 33, Part III, Chapter 5, section 504 that is part of the SIP.

    Section 182(a)(3) requires states to submit periodic inventories and emissions statements. Section 182(a)(3)(A) requires states to submit a periodic inventory every three years. As discussed below in the section of this notice titled Criteria (4)(e), Verification of Continued Attainment, the State will continue to update its emissions inventory at least once every three years. Under section 182(a)(3)(B), each state with an ozone nonattainment area must submit a SIP revision requiring emissions statements to be submitted to the state by sources within that nonattainment area. Louisiana provided a SIP revision to EPA on March 3, 1993, addressing the section 182(a)(3)(B) emissions statements requirement, and on January 6, 1995, EPA published a final rule to approve this SIP revision. See 60 FR 2014.

    Section 176 Conformity Requirements. Section 176(c) of the CAA requires states to establish criteria and procedures to ensure that federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs, and projects that are developed, funded, or approved under title 23 of the United States Code and the Federal Transit Act (transportation conformity) as well as to all other federally supported or funded projects (general conformity). State transportation conformity SIP revisions must be consistent with Federal conformity regulations relating to consultation, enforcement, and enforceability that EPA promulgated pursuant to its authority under the CAA.

    EPA interprets the conformity SIP requirements 5 as not applying for purposes of evaluating a redesignation request under section 107(d) because state conformity rules are still required after redesignation and Federal conformity rules apply where state rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). Nonetheless, Louisiana has an approved conformity SIP. See 71 FR 63247 (October 30, 2006). EPA proposes that the BRNA has satisfied all applicable requirements for purposes of redesignation under section 110 and part D of title I of the CAA.

    5 CAA section 176(c)(4)(E) requires states to submit revisions to their SIPs to reflect certain Federal criteria and procedures for determining transportation conformity. Transportation conformity SIPs are different from the MVEBs that are established in control strategy SIPs and maintenance plans.

    b. The BRNA has a fully approved applicable SIP under section 110(k) of the CAA.

    EPA has fully approved the applicable Louisiana SIP for the BRNA under section 110(k) of the CAA for all requirements applicable for purposes of redesignation. EPA may rely on prior SIP approvals in approving a redesignation request (see Calcagni Memorandum at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional measures it may approve in conjunction with a redesignation action (see 68 FR 25426, May 12, 2003, and citations therein). Louisiana has adopted and submitted, and EPA has fully approved at various times, provisions addressing the various SIP elements applicable for the ozone NAAQS. See e.g. 76 FR 74000, November 15, 2011.

    As indicated above, EPA believes that the section 110 elements that are neither connected with nonattainment plan submissions nor linked to an area's nonattainment status are not applicable requirements for purposes of redesignation. EPA has approved all part D requirements applicable for purposes of this redesignation.

    Criteria (3)—The air quality improvement in the BRNA is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP and applicable Federal air pollution control regulations and other permanent and enforceable reductions.

    For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the air quality improvement in the area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, applicable Federal air pollution control regulations, and other permanent and enforceable reductions (CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that Louisiana has demonstrated that the observed air quality improvement in the BRNA is due to permanent and enforceable reductions in emissions resulting from Federal measures and from state measures adopted into the SIP. EPA does not have any information to suggest that the decrease in ozone concentrations in the BRNA is due to unusually favorable meteorological conditions.

    Federal measures enacted in recent years have resulted in permanent emission reductions. Most of these emission reductions are enforceable through regulations. The Federal measures that have been implemented include the following:

    Tier 2 vehicle and fuel standards. Implementation began in 2004 in phases and requires all passenger vehicles in any manufacturer's fleet to meet an average standard of 0.07 grams of NOX per mile. In January 2006 the sulfur content of gasoline was required to be on average 30 ppm which assists in lowering the NOX emissions (65 FR 6698, February 10, 2000).6

    6 Louisiana also identified Tier 3 Motor Vehicle Emissions and Fuel Standards as a federal measure. EPA issued this rule in April 28, 2014, which applies to light duty passenger cars and trucks. EPA promulgated this rule to reduce air pollution from new passenger cars and trucks beginning in 2017. Tier 3 emission standards will lower sulfur content of gasoline and lower the emissions standards.

    Large non-road diesel engines rule. This rule was promulgated in 2004, and was phased in between 2008 through 2014 (69 FR 38958, June 29, 2004). This rule reduces the sulfur content in the nonroad diesel fuel, and also reduces NOX, VOC, particulate matter, and carbon monoxide emissions. These emission reductions are federally enforceable. This rule applies to diesel engines used in industries, such as construction, agriculture, and mining. It is estimated that compliance with this rule will cut NOX emissions from non-road diesel engines by up to 90 percent nationwide.

    Heavy-duty gasoline and diesel highway vehicle standards. EPA issued this rule in January 2001 (66 FR 5002). This rule includes standards limiting the sulfur content of diesel fuel, which went into effect in 2004. A second phase of the rule took effect in 2007, which further reduced the highway diesel fuel sulfur content to 15 ppm, leading to additional reductions in combustion NOX and VOC emissions. EPA expects that this rule will achieve a 95 percent reduction in NOX emissions from diesel trucks and buses and will reduce NOX emissions by 2.6 million tons by 2030 when the heavy-duty vehicle fleet is completely replaced with newer heavy-duty vehicles that comply with these emission standards.7

    7 66 FR 5002, 5012 (January 18, 2001).

    Nonroad spark-ignition engines and recreational engines standards. The nonroad spark-ignition and recreational engine standards, effective in January 2003, regulate NOX, hydrocarbons, and carbon monoxide from groups of previously unregulated nonroad engines (67 FR 68242, November 8, 2002). These engine standards apply to large spark-ignition engines (e.g., forklifts and airport ground service equipment), recreational vehicles (e.g., off-highway motorcycles and all-terrain-vehicles), and recreational marine diesel engines sold in the United States and imported after the effective date of these standards. When all of the nonroad spark-ignition and recreational engine standards are fully implemented, an overall 72 percent reduction in hydrocarbons, 80 percent reduction in NOX, and 56 percent reduction in carbon monoxide emissions are expected by 2020. These controls reduce ambient concentrations of ozone, carbon monoxide, and fine particulate matter.

    National program for greenhouse gas (GHG) emissions and fuel economy standards. The federal GHG and fuel economy standards apply to light-duty cars and trucks in model years 2012-2016 (phase 1) (75 FR 25324, May 7, 2010) and 2017-2025 (phase 2) (proposed at 80 FR 40138, July 13, 2015). The final standards are projected to result in an average industry fleet-wide level of 163 grams/mile of carbon dioxide which is equivalent to 54.5 miles per gallon if achieved exclusively through fuel economy improvements. The fuel economy standards result in less fuel being consumed, and therefore less NOX emissions released.

    Point Sources. In the submittal Louisiana noted their adoption of a NOX control rule that was approved by EPA (76 FR 38977, July 5, 2011). Additionally, we note that RACT controls were implemented in the area for the 1997 ozone NAAQS (76 FR 74000, November 30, 2011 and 76 FR 75467, December 2, 2011).

    Criteria (4)—The BRNA has a fully approved maintenance plan pursuant to section 175A of the CAA.

    For redesignating a nonattainment area to attainment, the CAA requires EPA to determine that the area has a fully approved maintenance plan pursuant to section 175A of the CAA (CAA section 107(d)(3)(E)(iv)). In conjunction with its request to redesignate the BRNA to attainment for the 2008 ozone NAAQS, LDEQ submitted a SIP revision to provide for the maintenance of the 2008 ozone NAAQS for at least 10 years after the effective date of redesignation to attainment. EPA believes that this maintenance plan meets the requirements for approval under section 175A of the CAA.

    a. What is required in a maintenance plan?

    Section 175A of the CAA sets forth the elements of a maintenance plan for areas seeking redesignation from nonattainment to attainment. Under section 175A, the plan must demonstrate continued attainment of the applicable NAAQS for at least 10 years after the Administrator approves a redesignation to attainment. Eight years after the redesignation, the state must submit a revised maintenance plan demonstrating that attainment will continue to be maintained for the 10 years following the initial 10-year period. To address the possibility of future NAAQS violations, the maintenance plan must contain contingency measures as necessary to assure prompt correction of any future violations of the 2008 ozone NAAQS. The Calcagni Memorandum provides further guidance on the content of a maintenance plan, explaining that a maintenance plan should address five requirements: The attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a contingency plan.8 As is discussed more fully below, EPA is proposing to determine that Louisiana's maintenance plan includes all the necessary components and is thus proposing to approve it as a revision to the Louisiana SIP.

    8 Procedures for Processing Requests to Redesignate Areas to Attainment, Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992.

    b. Attainment Emissions Inventory

    EPA is proposing to determine that the BRNA has attained the 2008 ozone NAAQS based on quality-assured monitoring data for the 3-year period from 2011-2013, and is continuing to attain the standard based on 2012-2014 and 2013-2015 data. Louisiana selected 2011 as the base year (i.e., attainment emissions inventory year) for developing a comprehensive emissions inventory for NOx and VOC, for which projected emissions could be developed for 2022 and 2027. The attainment inventory identifies a level of emissions in the Area that is sufficient to attain the 2008 ozone NAAQS. Louisiana began development of the attainment inventory by first generating a baseline emissions inventory for the State's portion of the BRNA. The projected emission inventories have been estimated using projected rates of growth in population, traffic, economic activity, and other parameters. In addition to comparing the final year of the plan (2027) to the base year (2011), Louisiana compared an interim year to the baseline to demonstrate that this year is also expected to show continued maintenance of the 2008 ozone standard.

    The emissions inventory is composed of four major types of sources: nonroad, onroad, nonpoint and point. The complete descriptions of how the inventories were developed are discussed in the Appendix F and Appendix K of the May 2, 2016, submittal, which can be found in the docket for this action. The 2011 NOx and VOC emissions for the BRNA, as well as the emissions for other years, were developed consistent with EPA guidance and are summarized in Table 2 of the following subsection discussing the maintenance demonstration.

    c. Maintenance Demonstration

    The maintenance plan associated with the redesignation request includes a maintenance demonstration that:

    (i) Shows compliance with and maintenance of the 2008 ozone NAAQS by providing information to support the demonstration that current and future emissions of NOx and VOC remain at or below 2011 emissions levels.

    (ii) Uses 2011 as the attainment year and includes future emissions inventory projections for 2022 and 2027.

    (iii) Identifies an “out year” at least 10 years after the time necessary for EPA to review and approve the maintenance plan. Per 40 CFR part 93, NOx and VOC MVEBs were established for 2022 and 2027 (see section VII below).

    (iv) Provides actual (2011) and projected emissions inventories, in tons per day (tpd), for the BRNA, as shown in Table 2, below.

    On July 5, 2016, we approved the BRNA 2011 Base Year Emissions Inventory (EI) for the 2008 8 Hour NAAQS. See 81 FR 43490. LDEQ developed projected EIs for the years 2022 and 2027 using the 2011 EI (Table 2). The projected emissions for 2022 and 2027 indicate that ozone precursor emissions in the BRNA will remain below those in the attainment year inventory for the duration of the maintenance plan. While LDEQ projected an increase in NOx and VOC emissions from the nonpoint source sector, they projected that the increases from this sector would be offset from reductions in the nonroad mobile and onroad mobile source sectors. LDEQ will compare emission inventory data submitted to the National Emission Inventory with the emission growth data submitted in the maintenance plan to ensure emission reductions (from all sources, collectively) continue the downward trend considering all emission sources.

    Table 2—Summary of 2011 and Future NOX and VOC Emissions (tpd) for the BRNA Sector 2011 NOX VOC 2022 NOX VOC 2027 NOX VOC Δ 2011-2027 NOX VOC Nonpoint 17.1 82.6 17.9 90.5 17.9 92.7 0.8 10.1 Nonroad 27.3 8.7 12.6 6.5 15.2 6.1 −12.1 −2.6 Onroad 38.4 19.2 14.4 13.0 11.0 11.4 −27.4 −7.8 Point 74.2 33.6 74.2 33.6 74.2 33.6 0.0 0.0 Total 157.0 144.0 119.0 143.5 118.2 143.6 −38.8 −0.4 d. Monitoring Network

    There currently are 8 monitors measuring ozone in the BRNA. The State of Louisiana, through LDEQ, has committed to continue operation of the monitors in the BRNA throughout the maintenance period in compliance with 40 CFR part 58.

    e. Verification of Continued Attainment

    The State of Louisiana, through LDEQ, has the legal authority to enforce and implement the maintenance plan for the BRNA. This includes the authority to adopt, implement, and enforce any subsequent emissions control contingency measures determined to be necessary to correct future ozone attainment problems.

    LDEQ will track the progress of the maintenance plan through continued ambient ozone monitoring in accordance with the requirements of 40 CFR part 58, and by performing future reviews of actual emissions from all sources in the area using the latest emissions factors, models, and methodologies. LDEQ will work with EPA to ensure that the air monitoring network continues to be effective and will quality assure the data according to Federal requirements as one way to verify continued attainment.

    Additionally, under the Air Emissions Reporting Requirements (AERR), LDEQ is required to develop a comprehensive, annual, statewide emissions inventory every three years that is due twelve to eighteen months after the completion of the inventory year. As noted above, LDEQ will compare emission inventory data submitted to the National Emission Inventory with the emission growth data submitted in the maintenance plan to ensure emission reductions (from all sources, collectively) continue the downward trend.

    f. Contingency Measures in the Maintenance Plan

    Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the contingency measures to be adopted, a schedule and procedure for adoption and implementation, and a time limit for action by the state. A state should also identify specific indicators to be used to determine when the contingency measures need to be implemented.

    The contingency plan included in the submittal includes a triggering mechanism to determine when contingency measures are needed and a process of developing and implementing appropriate control measures. The trigger of the contingency plan will be a violation of the 2008 ozone NAAQS (i.e., when the three-year average of the 4th highest values is equal to or greater than 0.075 ppm at a monitor in the Area).

    Once a trigger is activated, the LDEQ has committed to adopt additional measures, if LDEQ determines that the violations are caused by sources within the State, and to implement the measures as expeditiously as practicable, but no later than 24 months following the trigger. The following contingency measures are identified for possible implementation, but may not be limited to:

    • Extending the applicability of the state's NOX control rule in LAC 33:III.2202 to include the months of April and October each year (currently Chapter 22 applies from May 1 to September 30). This would assist in reducing incidences of high ozone days in the BRNA. In addition, the state will consider other measures such as lowering the NOX emission factors of LAC 33:III.2205.D and/or requiring more stringent monitoring of elevated flares, as well as measures targeting the following:

    • Diesel retrofit/replacement initiatives;

    • Programs or incentives to decrease motor vehicle use;

    • Implementation of fuel programs, including incentives for alternative fuels;

    • Employer-based transportation management plans;

    • Anti-backsliding ordinances; and

    • Programs to limit or restrict vehicle use in areas of high emissions concentration during periods of peak use.

    Given the substantial amount of industrial emissions in the BRNA, and the fact the Area's ozone problem is mostly driven by NOX emissions, these potential contingency measures would be appropriate for adequately correcting an attainment problem.

    EPA proposes to conclude that the maintenance plan adequately addresses the five basic components of a maintenance plan: the attainment emissions inventory, maintenance demonstration, monitoring, verification of continued attainment, and a contingency plan. Therefore, EPA proposes that the maintenance plan SIP revision submitted by Louisiana for the BRNA meets the requirements of section 175A of the CAA and is approvable.

    VI. What is EPA's analysis of louisiana's proposed NOX and VOC MVEBs for the Baton Rouge Area?

    Under section 176(c) of the CAA, new transportation plans, programs, and projects, such as the construction of new highways, must “conform” to (i.e., be consistent with) the part of the state's air quality plan that addresses pollution from cars and trucks. Conformity to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS or any interim milestones. If a transportation plan does not conform, most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of such transportation activities to a SIP. The regional emissions analysis is one, but not the only, requirement for implementing transportation conformity. Transportation conformity is a requirement for nonattainment and maintenance areas. Maintenance areas are areas that were previously nonattainment for a particular NAAQS but have since been redesignated to attainment with an approved maintenance plan for that NAAQS.

    Under the CAA, states are required to submit, at various times, control strategy SIPs and maintenance plans for nonattainment areas. These control strategy SIPs, including maintenance plans, create MVEBs for criteria pollutants and/or their precursors to address pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be established for the last year of the maintenance plan. A state may adopt MVEBs for other years as well. The MVEB is the portion of the total allowable emissions in the maintenance demonstration that is allocated to highway and transit vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a ceiling on emissions from an area's planned transportation system. The MVEB concept is further explained in the preamble to the November 24, 1993, Transportation Conformity Rule (58 FR 62188). The preamble also describes how to establish the MVEB in the SIP and how to revise the MVEB.

    As part of the interagency consultation process on setting MVEBs, LDEQ held discussions to determine what years to set MVEBs for the BRNA maintenance plan. According to the transportation conformity rule, a maintenance plan must establish MVEBs for the last year of the maintenance plan (in this case, 2027). See 40 CFR 93.118. Louisiana also provided MVEBs for 2022. Table 3 below provides the NOX and VOC MVEBs in tpd for 2022 and 2027, as reflected in Section 9, Tables 9.1 and 9.2 of the State's submittal.

    Table 3—Baton Rouge MVEBs [tpd] Year NOX VOC 2022 14.37 13.19 2027 10.95 11.55

    Through this rulemaking, EPA is proposing to approve the MVEBs for NOX and VOC for 2022 and 2027 for the Baton Rouge Area because EPA believes that the Area maintains the 2008 ozone NAAQS with the emissions at the levels of the budgets. Once the MVEBs for the BRNA are approved, they must be used for future conformity determinations.

    VII. What is the status of EPA's adequacy determination for the proposed NOX and VOC MVEBs for the BRNA?

    EPA found the BRNA MVEBs adequate for transportation conformity purposes effective July 14, 2016, see 81 FR 42350 (June 29, 2016). The MVEB must be used by state and Federal agencies in determining whether proposed transportation projects conform to the SIP as required by section 176(c) of the CAA.

    EPA's substantive criteria for determining adequacy of a MVEB are set out in 40 CFR 93.118(e)(4). The process for determining adequacy consists of three basic steps: public notification of a SIP submission, a public comment period, and EPA's adequacy determination. This process for determining the adequacy of submitted MVEBs for transportation conformity purposes was initially outlined in EPA's May 14, 1999, guidance, “Conformity Guidance on Implementation of March 2, 1999, Conformity Court Decision.” EPA adopted regulations to codify the adequacy process in the Transportation Conformity Rule Amendments for the “New 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments—Response to Court Decision and Additional Rule Change,” on July 1, 2004 (69 FR 40004). Additional information on the adequacy process for transportation conformity purposes is available in the proposed rule entitled, “Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes,” 68 FR 38974, 38984 (June 30, 2003).

    VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take final action on the issues being proposed for approval today. Approval of Louisiana's redesignation request would change the legal designation of the BRNA as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS. Approval of Louisiana's associated SIP revision would also incorporate a plan for maintaining the 2008 ozone NAAQS in the BRNA through 2027 into the SIP. This maintenance plan includes contingency measures to remedy any future violations of the 2008 ozone NAAQS and procedures for evaluation of potential violations. The maintenance plan also establishes NOx and VOC MVEBs for 2022 and 2027 for the Baton Rouge Area. The MVEBs are listed in Table 5 in section VI. Additionally, EPA is notifying the public of the status of EPA's adequacy determination for the newly-established NOx and VOC MVEBs for 2022 and 2027 for the Baton Rouge Area.

    IX. Proposed Actions

    EPA is proposing three separate but related actions regarding the redesignation and maintenance of the 2008 ozone NAAQS for the BRNA. EPA is proposing to determine that the BRNA is attaining the 2008 ozone NAAQS. EPA is also proposing to approve the maintenance plan for the BRNA, including the NOX and VOC MVEBs for 2022 and 2027, into the Louisiana SIP (under CAA section 175A). The maintenance plan demonstrates that the Area will continue to maintain the 2008 ozone NAAQS through 2027 and that the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of today's action, EPA is describing the status of its adequacy determination for the NOX and VOC MVEBs for 2022 and 2027 in accordance with 40 CFR 93.118(f)(2). Within 24 months from the effective date of EPA's adequacy determination for the MVEBs or the publication date for the final rule for this action, whichever is earlier, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).

    Additionally, EPA is proposing to determine that the BRNA has met the criteria under CAA section 107(d)(3)(E) for redesignation from nonattainment to attainment for the 2008 ozone NAAQS. On this basis, EPA is proposing to approve Louisiana's redesignation request for the BRNA. If finalized, approval of the redesignation request would change the official designation of the portion of BRNA, as found at 40 CFR part 81, from nonattainment to attainment for the 2008 ozone NAAQS.

    X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, these proposed actions merely propose to approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these proposed actions:

    • Are 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);

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

    • are 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.);

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

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

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

    • are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

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

    • do 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 proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    List of Subjects 40 CFR Part 52

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

    40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: October 27, 2016. Samuel Coleman, Acting Regional Administrator, Region 6.
    [FR Doc. 2016-26584 Filed 11-3-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 494 [CMS-3334-P] RIN 0938-AS94 Medicare and Medicaid Programs; Fire Safety Requirements for Certain Dialysis Facilities AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would update fire safety standards for Medicare and Medicaid participating ESRD facilities, adopt the 2012 edition of the Life Safety Code and eliminate references in our regulations to all earlier editions of the Life Safety Code and adopt the 2012 edition of the Health Care Facilities Code, with some exceptions.

    DATES:

    To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on January 3, 2017.

    ADDRESSES:

    In commenting, please refer to file code CMS-3334-P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

    You may submit comments in one of four ways (please choose only one of the ways listed):

    1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the “Submit a comment” instructions.

    2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-3334-P, P.O. Box 8010, Baltimore, MD 21244-8010.

    Please allow sufficient time for mailed comments to be received before the close of the comment period.

    3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-3334-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    4. By hand or courier. Alternatively, you may deliver (by hand or courier) your written comments ONLY to the following addresses prior to the close of the comment period:

    a. For delivery in Washington, DC—Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201

    (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

    b. For delivery in Baltimore, MD—Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244-1850.

    If you intend to deliver your comments to the Baltimore address, call telephone number (410) 786-9994 in advance to schedule your arrival with one of our staff members.

    Comments erroneously mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

    For information on viewing public comments, see the beginning of the SUPPLEMENTARY INFORMATION section.

    FOR FURTHER INFORMATION CONTACT:

    Kristin Shifflett, (410) 786-4133.

    SUPPLEMENTARY INFORMATION:

    Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http://www.regulations.gov. Follow the search instructions on that Web site to view public comments.

    Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. To schedule an appointment to view public comments, phone 1-800-743-3951.

    I. Background A. Overview

    The Life Safety Code (LSC) is a compilation of fire safety requirements for new and existing buildings, and is updated and published every 3 years by the National Fire Protection Association (NFPA), a private, nonprofit organization dedicated to reducing loss of life due to fire. The Medicare and Medicaid regulations have historically incorporated these requirements by reference, along with Secretarial waiver authority. The statutory basis for incorporating NFPA's LSC into the regulations we apply to Medicare and, as applicable, Medicaid providers and suppliers is the Secretary of the Department of Health and Human Services' (the Secretary) authority to stipulate health, safety and other regulations for each type of Medicare and (if applicable) Medicaid-participating facility. Specifically, section 1881(b)(1)(A) of the Social Security Act (the Act) provides for payments for “providers of services and renal dialysis facilities which meet such requirements as the Secretary shall by regulation prescribe for institutional dialysis services and supplies . . . . ” Under this statutory authority, the Secretary has set out “Conditions for Coverage,” including LSC compliance requirements, at 42 CFR part 494, subpart B. Our current LSC provisions are set out at § 494.60(e).

    In implementing the LSC provisions, we have given ourselves the discretion to waive specific provisions of the LSC for facilities if application of our rules would result in unreasonable hardship for the facility, and if the health and safety of its patients would not be compromised by such waiver. For dialysis facilities, that authority is set out at § 494.60(e)(4). In addition, the Secretary may accept a State's fire and safety code instead of the LSC if the Centers for Medicare & Medicaid Services (CMS) determines that the protections of the State's fire and safety code are equivalent to, or more stringent than, the protections offered by the LSC; dialysis facility provisions to that effect are set out at § 494.60(e)(3). These flexibilities mitigate the potential unnecessary burdens of applying the requirements of the LSC to all affected health care facilities.

    On May 12, 2012, we published a final rule in the Federal Register, entitled “Medicare and Medicaid Program; Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction” (77 FR 29002). In that final rule, we limited the application of LSC requirements to dialysis facilities either located adjacent to industrial high hazard areas, and those that did not provide one or more exits to the outside at grade level from the patient treatment area level. However, we inadvertently neglected to include updated provisions for dialysis facilities in our proposed update to the Life Safety Code provisions for CMS providers and suppliers, “Medicare and Medicaid Programs; Fire Safety Requirements for Certain Health Care Facilities; Proposed Rule” (79 FR 21552, April 16, 2014). Therefore, we are proposing these provisions now, with some modifications to address the unique needs of dialysis facilities. The proposed update would apply only to dialysis facilities that do not provide one or more exits to the outside at grade level from the treatment area level (for instance, in upper floors of a mid-rise or high-rise building). We would not require other dialysis facilities to comply with NFPA 99® 2012 edition of the Health Care Facilities Code (NFPA 99) and NFPA 101® 2012 edition of the Life Safety Code (NFPA 101) because we believe that patients in dialysis facilities are generally capable of unhooking themselves from dialysis machines and self-evacuating without additional assistance in the event of an emergency. We believe that in all facilities with at-grade exits, patients would be able to evacuate the building in a timely fashion. Consequently, we believe that state and local requirements are sufficient to protect these patients and staff in the event of an emergency. In accordance with NFPA 101 sections 20.1.3.7 and 21.1.3.7, we would prohibit Medicare-approved dialysis facilities from being located adjacent to industrial high hazard facilities. “Adjacent to” is defined as sharing a wall, ceiling or floor, with a facility.

    Defining “Exit to the Outside at Grade Level From the Patient Treatment Area Level”

    The phrase “exit to the outside at grade level from the patient treatment area level” applies to dialysis facilities that are on the ground or grade level of a building where patients do not have to traverse up or down stairways within the building to evacuate to the outside. Accessibility ramps in the exit area that provide an ease of access between the patient treatment level and the outside ground level are not considered stairways.

    A dialysis facility which provides one or more exits to the outside at grade level from patient treatment level and which has a patient exit path to the outside (which may include an accessibility ramp that is compliant with NFPA and the Americans with Disabilities Act (ADA)) would be exempt from compliance with the applicable provisions of NFPA 99 and NFPA 101.

    II. Provisions of the Proposed Regulations

    In this rule, we are proposing to update our requirements for dialysis facilities that do not provide one or more exits to the outside at grade level from the patient treatment area level, by incorporating by reference the 2012 edition of NFPA 101 and NFPA 99. These facilities are already required to meet the 2000 edition of the LSC; other provider types affected by the LSC are now required to meet the 2012 edition of the NFPA 101 and the NFPA 99 (LSC final rule published May 4, 2016 at 81 FR 26872). The 2012 edition of the LSC includes new provisions that we believe are vital to the health and safety of all patients and staff. Our intention is to ensure that patients and staff continue to experience the highest degree of fire safety possible.

    The NFPA 101 2012 edition of the LSC provides minimum requirements, with due regard to function, for the design, operation and maintenance of buildings and structures for safety to life from fire. Its provisions also aid life safety in similar emergencies.

    The NFPA 99 2012 edition of the Health Care Facilities Code provides minimum requirements for health care facilities for the installation, inspection, testing, maintenance, performance, and safe practices for facilities, material, equipment, and appliances.

    B. 2012 Edition of the Life Safety Code

    The 2012 edition of the LSC includes new provisions that we believe are vital to the health and safety of all patients and staff. Our intention is to ensure that patients and staff continue to experience the highest degree of fire safety possible. We do review each edition of the NFPA 101 and NFPA 99 every 3 years to see if there are any significant provisions that we need to adopt. CMS will continue to review revisions to ensure we meet proper standards for patient safety. We have reviewed the 2015 edition of the NFPA 101 and NFPA 99 and do not believe that there are any significant provisions that need to be addressed at this time. Newer buildings are typically built to comply with the newer versions of the LSC because state and local jurisdictions often adopt and enforce newer versions of the LSC as they become available.

    CMS must emphasize that the LSC is not an accessibility code, and compliance with the LSC does not ensure compliance with the requirements of the ADA. State and local government programs and services, including health care facilities, are required to comply with Title II of the ADA. Private entities that operate public accommodations such as nursing homes, hospitals, and social service center establishments are required to comply with Title III of the ADA. Entities that receive federal financial assistance from the Department of Health and Human Services, including Medicare and Medicaid, are also required to comply with section 504 of the Rehabilitation Act of 1973. The same accessibility standards apply regardless of whether health care facilities are covered under Title II or Title III of the ADA or section 504 of the Rehabilitation Act of 1973.1 For more information about the ADA's requirements, see the Department of Justice's Web site at http://www.ada.gov or call 1-800-514-0301 (voice) or 1-800-514-0383 (TTY).

    1 Facilities newly constructed or altered after March 15, 2012 must comply with the 2010 Standards for Accessible Design (2010 Standards). Facilities newly constructed or altered between September 15, 2010 and March 15, 2012 had the option of complying with either the 1991 Standards for Accessible Design (1991 Standards) or the 2010 Standards. Facilities newly constructed between January 26, 1993 and September 15, 2010, or altered between January 26, 1992 and September 15, 2010 were required to comply with the 1991 Standards under Title III and either the 1991 Standards or the Uniform Federal Accessibility Standards under Title II.

    C. Incorporation by Reference

    This proposed rule would incorporate by reference the NFPA 101® 2012 edition of the LSC, issued August 11, 2011, and all Tentative Interim Amendments issued prior to April 16, 2014; and the NFPA 99® 2012 edition of the Health Care Facilities Code, issued August 11, 2011, and Tentative Interim Amendments issued prior to April 16, 2014 in § 494.60(g).

    These materials have been previously incorporated by reference for other provider types by a final rule titled “Medicare and Medicaid Programs; Fire Safety Requirements for Certain Health Care Facilities” published on May 4, 2016 (81 FR 26872).

    The materials that are incorporated by reference can be found for interested parties and are available for inspection at the CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD 21244, or from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. If any changes to this edition of the Code are incorporated by reference, CMS will publish a document in the Federal Register to announce those changes.

    D. Ambulatory Health Care Occupancies

    According to our memorandum, “Survey & Certification: 13-47-LSC/ESRD,” issued July 12, 2013, dialysis facilities that are subject to the LSC provisions must meet the requirements of the Ambulatory Health Care Occupancy chapters 20 and 21 of the LSC. Dialysis facilities that are not subject to our LSC regulations must continue to meet State and local fire codes. (See https://www.cms.gov/Medicare/Provider-Enrollment-and-Certification/SurveyCertificationGenInfo/Downloads/Survey-and-Cert-Letter-13-47.pdf.)

    The following are key provisions in the 2012 edition of the LSC from Chapter 20, “New Ambulatory Health Care Occupancies” and Chapter 21, “Existing Ambulatory Health Care Occupancies.” We have provided the LSC citation and a description of the requirement.

    The 2012 edition of the LSC defines an “Ambulatory Health Care Occupancy” as a facility capable of treating 4 or more patients simultaneously on an outpatient basis. We believe that dialysis facilities that do not provide one or more exits to the outside at grade level from the patient treatment area should also be required to meet the provisions applicable to Ambulatory Health Care Occupancy Chapters, regardless of the number of patients served, as a matter of health and safety of patients receiving services in these facilities. In the burden reduction final rule, published in the Federal Register on May 12, 2012 entitled, “Medicare and Medicaid Program; Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction” (77 FR 29002), we removed the provision's applicability to dialysis facilities with at-grade exits directly from the treatment area because, in our view, there was, and continues to be, an extremely low risk of fire in dialysis facilities. Medicare-approved dialysis facilities that provide exits to the outside at grade level would continue to be required to follow State and local fire codes, which we believe provide for sufficient patient protection in the event of an emergency. If a facility's exits were located above or below grade, patients would require more time to evacuate. Consequently, we believe that the LSC would still be required due to the additional risk entailed in longer exit times.

    Sections 20.3.2.1 and 21.3.2.1—Doors

    This provision requires all doors to hazardous areas be self-closing or close automatically.

    Sections 20.3.2.6 and 21.3.2.6—Alcohol Based Hand Rubs

    This provision explicitly allows aerosol dispensers, in addition to gel hand rub dispensers. The aerosol dispensers are subject to limitations on size, quantity, and location, just as gel dispensers are limited. Automatic dispensers are also now permitted in ambulatory care facilities, provided, among other things, that—(1) they do not release contents unless they are activated; (2) the activation occurs only when an object is within 4 inches of the sensing device; (3) any object placed in the activation zone and left in place must not cause more than one activation; (4) the dispenser must not dispense more than the amount required for hand hygiene consistent with the label instructions; (5) the dispenser is designed, constructed and operated in a way to minimize accidental or malicious dispensing; and (6) all dispensers are tested in accordance with the manufacturer's care and use instructions each time a new refill is installed. The provision further defines prior language regarding “above or adjacent to an ignition source” as being “within 1 inch” of the ignition source.

    Sections 20.3.5 and 21.3.5—Extinguishment Requirements

    This provision is related to sprinkler system requirements and requires the evacuation of a building or the instituting of an approved fire watch when a sprinkler system is out of service for more than 10 hours in a 24-hour period until the system has been returned to service. A facility must evacuate the building or portion of the building affected by the system outage until the system is back in service, or establish a fire watch until the system is back in service.

    E. 2012 Edition of the Health Care Facilities Code

    The 2012 edition of the NFPA 99, “Health Care Facilities Code,” addresses requirements for both health care occupancies and ambulatory care occupancies, and serves as a resource for those who are responsible for protecting health care facilities from fire and associated hazards. The purpose of this Code is to provide minimum requirements for the installation, inspection, testing, maintenance, performance, and safe practices for health care facility materials, equipment and appliances. This Code is a compilation of documents that have been developed over a 40-year period by NFPA, and is intended to be used by those persons involved in the design, construction, inspection, and operation of health care facilities, and in the design, manufacture, and testing of appliances and equipment used in patient care areas of health care facilities. It provides information on subjects, for example, medical gas and vacuum systems, electrical systems, electrical equipment, and gas equipment. The NFPA 99 applies specific requirements in accordance with the results of a risk-based assessment methodology. A risk-based approach allows for the application of requirements based upon the types of treatment and services being provided to patients or residents rather than the type of facility in which they are being performed. In order to ensure the minimum level of protection afforded by NFPA 99 is applicable to all patient and resident care areas within a health care facility, we are proposing adoption of the 2012 edition of NFPA 99, with the exception of chapters 7—“Information Technology and Communications Systems for Health Care Facilities”; 8—“Plumbing”; 12—“Emergency Management”; and 13—“Security Management”. The first three chapters of the NFPA 99 address the administration of the NFPA 99, the referenced publications, and definitions. Short descriptions of some of the more important provisions of NFPA 99 follow:

    Chapter 4—Fundamentals

    Chapter 4 provides guidance on how to apply NFPA 99 requirements to health care facilities based upon “categories” determined when using a risk-based methodology.

    There are four categories utilized in the risk assessment methodology, depending on the types of treatment and services being provided to patients or residents. Section 4.1.1 of NFPA 99 describes Category 1 as, “Facility systems in which failure of such equipment or system is likely to cause major injury or death of patients or caregivers. . . .” Section A.4.1.1 provides examples of what a major injury could include, such as amputation or a burn to the eye. Section 4.1.2 describes Category 2 as, “Facility systems in which failure of such equipment is likely to cause minor injury to patients or caregivers. . . .” Section A.4.1.2 describes a minor injury as one that is not serious or involving risk of life. Section 4.1.3 describes Category 3 as, “Facility systems in which failure of such equipment is not likely to cause injury to patients or caregivers, but can cause patient discomfort. . . .” Section 4.1.4 describes Category 4 as, “Facility systems in which failure of such equipment would have no impact on patient care. . . .”

    Section 4.2 requires that each facility that is a health care or ambulatory occupancy define its risk assessment methodology, implement the methodology, and document the results. We did not propose to require the use of any particular risk assessment procedure. However, if future situations indicate the need to define a particular risk assessment procedure, we would pursue that through a separate notice and comment rulemaking.

    Chapter 5—Gas and Vacuum Systems

    The hazards addressed in Chapter 5 include the ability of oxygen and nitrous oxide to exacerbate fires, safety concerns from the storage and use of pressurized gas, and the reliance upon medical gas and vacuum systems for patient care. Chapter 5 does not mandate the installation of any systems; rather, if they are installed or are required to be installed, the systems will be required to comply with NFPA 99. Chapter 5 covers the performance, maintenance, installation, and testing of the following:

    • Nonflammable medical gas systems with operating pressure below a gauge pressure of 300 psi;

    • Vacuum systems in health care facilities;

    • Waste anesthetic gas disposal systems (WAGD); and

    • Manufactured assemblies that are intended for connection to the medical gas, vacuum, or WAGD systems.

    Chapter 6—Electrical Systems

    The hazards addressed in Chapter 6 are related to the electrical power distribution systems in health care facilities, and address issues such as electrical shock, power continuity, fire, electrocution, and explosions that might be caused by faults in the electrical system. Chapter 6 also covers the performance, maintenance, and testing of the electrical systems in health care facilities.

    Chapter 9—Heating, Ventilation, and Air Conditioning (HVAC)

    Chapter 9 requires HVAC systems serving spaces or providing health care functions to be in accordance with the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Standard 170—Ventilation of Health Care Facilities (2008 edition) (http://www.ashrae.org).

    Chapter 9 does not apply to existing HVAC systems, but applies to the construction of new health care facilities, and the altered, renovated, or modernized portions of existing systems or individual components. Chapter 9 ensures minimum levels of heating, ventilation and air conditioning performance in patient and resident care areas. Some of the issues discussed in Chapter 9 are as follows:

    • HVAC system energy conservation;

    • Commissioning;

    • Piping;

    • Ductwork;

    • Acoustics;

    • Requirements for the ventilation of medical gas storage and trans-filling areas;

    • Waste anesthetic gases;

    • Plumes from medical procedures;

    • Emergency power system rooms; and

    • Ventilation during construction.

    Chapter 10—Electrical Equipment

    Chapter 10 covers the performance, maintenance, and testing of electrical equipment in health care facilities. Much of this chapter applies to requirements for portable electrical equipment in health care facilities, but there are also requirements for fixed-equipment and information on administrative issues.

    Chapter 11—Gas Equipment

    The hazards addressed in Chapter 11 relate to general fire, explosions, and mechanical issues associated with gas equipment, including compressed gas cylinders.

    Chapter 14—Hyperbaric Facilities

    Chapter 14 addresses the hazards associated with hyperbaric facilities in health care facilities, including electrical, explosive, implosive, as well as fire hazards. Chapter 14 sets forth minimum safeguards for the protection of patients and personnel administering hyperbaric therapy and procedures. Chapter 14 contains requirements for hyperbaric chamber manufacturers, hyperbaric facility designers, and personnel operating hyperbaric facilities. It also contains requirements related to construction of the hyperbaric chamber itself and the equipment used for supporting the hyperbaric chamber, as well as administration and maintenance. Many requirements in this chapter are applicable only to new construction and new facilities.

    Chapter 15—Features of Fire Protection

    Chapter 15 covers the performance, maintenance, and testing of fire protection equipment in health care facilities. Issues addressed in this chapter range from the use of flammable liquids in an operating room to special sprinkler protection. These fire protection requirements are independent of the risk-based approach, as they are applicable to all patient care areas in both new and existing facilities.

    Chapter 15 has several sections taken directly from the NFPA 101, including requirements for the following:

    • Construction and compartmentalization of health care facilities.

    • Laboratories.

    • Utilities.

    • Heating, ventilation and air conditioning systems.

    • Elevators.

    • Escalators.

    • Conveyors.

    • Rubbish Chutes.

    • Incinerators.

    • Laundry Chutes.

    • Fire detection, alarm and communication systems.

    • Automatic sprinklers and other extinguishing equipment.

    • Compact storage including mobile storage and maintenance.

    • Testing of water based fire protection systems.

    These sections have requirements for inspection, testing and maintenance which apply to all facilities, as well as specific requirements for existing systems and equipment that also apply to all facilities.

    The prospective timeline for applicability of these requirements would be 60 days after the publication of the final rule in the Federal Register. We are soliciting comments on the proposal of the adoption of the 2012 NFPA 101 and the 2012 NFPA 99 for dialysis facilities that do not provide one or more exits to the outside at grade level from the treatment area level.

    III. Collection of Information Requirements

    This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    IV. Response to Comments

    Because of the large number of public comments we normally receive on Federal Register documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the DATES section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document.

    V. Regulatory Impact Statement

    We have examined the impact of this rule as required by Executive Order 12866 on Regulatory Planning and Review (September 30, 1993), Executive Order 13563 on Improving Regulation and Regulatory Review (January 18, 2011), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354), section 1102(b) of the Social Security Act, section 202 of the Unfunded Mandates Reform Act of 1995 (March 22, 1995; Pub. L. 104-4), Executive Order 13132 on Federalism (August 4, 1999) and the Congressional Review Act (5 U.S.C. 804(2).

    Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This rule does not reach the economic threshold and thus is not considered a major rule.

    The RFA requires agencies to analyze options for regulatory relief of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of less than $7.5 million to $38.5 million in any 1 year. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined, and the Secretary certifies, that this proposed rule would not have a significant economic impact on a substantial number of small entities.

    In addition, section 1102(b) of the Social Security Act (the Act) requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area for Medicare payment regulations and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined, and the Secretary certifies, that this proposed rule would not have a significant impact on the operations of a substantial number of small rural hospitals.

    Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2016, that threshold is approximately $146 million. This rule will have no consequential effect on State, local, or tribal governments or on the private sector.

    Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. Since this regulation does not impose any costs on State or local governments, the requirements of Executive Order 13132 are not applicable.

    We do not know how many, if any, dialysis facilities would be affected by this adoption of the 2012 editions of the NFPA 101 and NFPA 99. However, we anticipate that the impact of this rule would be less than $1,000 for each facility, and that is if they are not already meeting the requirements of the 2012 editions of the NFPA 101 and NFPA 99. Twenty states have already adopted the 2012 editions, so if there are facilities in those States, they are already following the 2012 requirements. In accordance with the provisions of Executive Order 12866, this regulation was reviewed by the Office of Management and Budget.

    List of Subjects in 42 CFR Part 494

    Health facilities, Incorporation by reference, Kidney diseases, Medicare, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Centers for Medicare & Medicaid Services proposes to amend 42 CFR chapter IV as set forth below:

    PART 494—CONDITIONS FOR COVERAGE FOR END-STAGE RENAL DISEASE FACILITIES 1. The authority citation for part 494 continues to read as follows: Authority:

    Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395(hh)).

    2. Amend § 494.60 by revising paragraphs (e)(1) and (4) and adding paragraphs (e)(5), (f), and (g) to read as follows:
    § 494.60 Condition: Physical environment.

    (e) * * *

    (1) Except as provided in paragraph (e)(2) of this section, dialysis facilities that do not provide one or more exits to the outside at grade level from the patient treatment area level must comply with provisions of the 2012 edition of the Life Safety Code of the National Fire Protection Association (NFPA 101 and Tentative Interim Amendments TIA 12-1, TIA 12-2, TIA 12-3, and TIA 12-4 applicable to Ambulatory Health Care Occupancies (which is incorporated by reference in paragraph (g) of this section), regardless of the number of patients served.

    (4) In consideration of a recommendation by the State survey agency or at the discretion of the Secretary, the Secretary may waive, for periods deemed appropriate, specific provisions of the Life Safety Code, which would result in unreasonable hardship upon an ESRD facility, but only if the waiver will not adversely affect the health and safety of the patients.

    (5) No dialysis facility may operate in a building that is adjacent to an industrial high hazard area, as described in sections 20.1.3.7 and 21.1.3.7 of the 2012 edition of the Health Care Facilities Code of the National Fire Protection Association (NFPA 99), incorporated by reference in paragraph (g) of this section.

    (f) Standard: Building safety. (1) Dialysis facilities that do not provide one or more exits to the outside at grade level from the patient treatment area level must meet the applicable provisions of the 2012 edition of the Health Care Facilities Code of the National Fire Protection Association (NFPA 99 and Tentative Interim Amendments TIA 12-2, TIA 12-3, TIA 12-4, TIA 12-5, and TIA 12-6), regardless of the number of patients served.

    (2) A copy of the Code is available for inspection at the CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD.

    (3) Chapters 7, 8, 12, and 13 of the NFPA 99 2012 Health Care Facilities Code do not apply to a dialysis facility.

    (4) If application of the NFPA 99 would result in unreasonable hardship for the dialysis facility, CMS may waive specific provisions of the Health Care Facilities Code for such facility, but only if the waiver does not adversely affect the health and safety of patients.

    (g) Incorporation by reference. The standards incorporated by reference in this section are approved for incorporation by reference by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect a copy at the CMS Information Resource Center, 7500 Security Boulevard, Baltimore, MD or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. If any changes in this edition of the Code are incorporated by reference, CMS will publish a document in the Federal Register to announce the changes.

    (1) National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169, www.nfpa.org, 1-617-7470-3000.

    (i) NFPA 99, Standard for Health Care Facilities Code of the National Fire Protection Association 99, 2012 edition, issued August 11, 2011.

    (ii) TIA 12-2 to NFPA 99, issued August 11, 2011.

    (iii) TIA 12-3 to NFPA 99, issued August 9, 2012.

    (iv) TIA 12-4 to NFPA 99, issued March 7, 2013.

    (v) TIA 12-5 to NFPA 99, issued August 1, 2013.

    (vi) TIA 12-6 to NFPA 99, issued March 3, 2014.

    (vii) NFPA 101, Life Safety Code, 2012 edition, issued August 11, 2011.

    (viii) TIA 12-1 to NFPA 101, issued August 11, 2011.

    (ix) TIA 12-2 to NFPA 101, issued October 30, 2012.

    (x) TIA 12-3 to NFPA 101, issued October 22, 2013.

    (xi) TIA 12-4 to NFPA 101, issued October 22, 2013.

    (2) [Reserved]

    Dated: September 7, 2016. Andrew M. Slavitt, Acting Administrator, Centers for Medicare & Medicaid Services. Dated: October 17, 2016. Sylvia M. Burwell, Secretary, Department of Health and Human Services.
    [FR Doc. 2016-26583 Filed 11-3-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 8360 [LLCAC09400 L19200000.NU0000 XXXL1109RM LRORBX619900] Proposed Supplementary Rules for Fort Ord National Monument, California AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of proposed supplementary rules.

    SUMMARY:

    The California State Director of the Bureau of Land Management (BLM) is proposing to establish new supplementary rules related to dog management and public safety on public lands at Fort Ord National Monument (FONM), California.

    Furthermore, these proposed rules would clarify some of the existing restrictions that have been in place on the FONM since 1996. These proposed rules are consistent with the national monument proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 2007 Resource Management Plan.

    DATES:

    Interested parties may submit written comments regarding the proposed supplementary rules until January 3, 2017.

    ADDRESSES:

    You may submit comments by mail, hand-delivery, or electronic mail. Mail: FONM Manager, BLM, Central Coast Field Office, 940 2nd Avenue, Marina, CA 93933. Electronic mail: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Eric Morgan, FONM Manager, Bureau of Land Management, Central Coast Field Office, 940 2nd Avenue, Marina, CA 93933, at (831) 582-2200, or [email protected] Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The Service is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION: I. Public Comment Procedures

    You may mail or email comments to the Central Coast Field Office, at the addresses listed above (See ADDRESSES). Written comments on the proposed supplementary rules should be specific and confined to issues pertinent to the proposed rules, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal that the commenter is addressing. The BLM is not obligated to consider or include, in the Administrative Record for the final supplementary rules, comments delivered to an address other than those listed above (See ADDRESSES) or comments that the BLM receives after the close of the comment period (See DATES), unless they are postmarked or electronically dated before the deadline.

    Comments, including names, street addresses, and other contact information for respondents, will be available for public review at 940 2nd Avenue, Marina, CA 93933, during regular business hours (7:30 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your 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

    The BLM California State Director is proposing to establish new supplementary rules related to dog management and other public safety issues for public lands on the FONM in Monterey County, California. Furthermore, the State Director is supplementing some of the existing land restrictions that have been in place on the monument since December 5, 1996 (61 FR 64530), that are consistent with the national monument proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 2007 Resource Management Plan. The proposed supplementary rules are necessary to support the mission of the BLM by protecting the natural resources and enhancing the health and safety of those using and enjoying the public lands.

    These proposed rules would implement restrictions prescribed within the FONM Dog Management Plan that was approved on July 5, 2016. The plan was analyzed under environmental assessment DOI-BLM-CA-C090-2016-0021-EA (Fort Ord National Monument Dog Management Plan), and associated Decision Record and Finding of No Significant Impact. The plan considered various dog management prescriptions across the monument within four different planning units. One of the planning units, the Inland Range Planning Unit, contains extremely hazardous military munitions and public use opportunities are greatly limited.

    III. Discussion of Proposed Supplementary Rules

    When the former Fort Ord military installation closed in 1994, the Secretary of the Army transferred administration of approximately 7,205 acres to the BLM via a letter of transfer to the Secretary of Interior on October 18, 1996. Those lands are now part of the 14,651 acre FONM that was designated by President Obama under Proclamation 8803. The Army currently manages approximately 7,446 acres of the FONM and will transfer those lands to the BLM for administration following a munitions cleanup being performed under the Comprehensive Environmental Response, Compensation, and Liability Act.

    The BLM issued a notice of emergency closure and established restrictions on use of public lands on the former Fort Ord on December 5, 1996 (61 FR 64530). Since that time, the BLM has applied those restrictions as they pertain to public use, but those restrictions did not address management of dogs on these public lands. On September 7, 2007, the BLM State Director approved a Record of Decision for the Southern Diablo Mountain Range and Central Coast of California Resource Management Plan (RMP) that directed the BLM's Central Coast Field Office to develop a dog management plan for FONM due to conflicts between visitors, attacks on livestock, and impacts to wildlife. On April 8, 2015, the BLM notified the public of its intent to develop a dog management plan and, using the 1996 emergency closure, initiated an interim dog leash restriction on public lands at FONM due to increasing conflicts between visitors, attacks on livestock, hazards from munitions, and impacts to wildlife. The BLM held three public scoping workshops (July 28 and 29, 2015, and August 5, 2015) to solicit public input on the development of the draft dog management plan. The proposed supplementary rules are the logical conclusion of the dog management planning process.

    On May 17, 2016, the BLM released the Draft FONM Dog Management Plan and associated environmental assessment (DOI-BLM-CA-C090-2016-0021-EA) for a 30 day comment period. The proposed supplementary rules were included with the draft plan and were analyzed within the environmental assessment. One comment was made on the proposed supplementary rules that resulted in a minor editorial change regarding the definition of “yield” as is described in the proposed rule text.

    On July 5, 2016 the BLM approved the Final FONM Dog Management Plan and associated environmental assessment (DOI-BLM-CA-C090-2016-0021-EA). The proposed supplementary rules (when approved) will supplement some of the December 1996 restrictions and April 2015 restrictions under 43 CFR 8364.1 and 43 CFR 8341.2 and enact new rules that are specified in the Final FONM Dog Management Plan. The proposed supplementary rules also would implement existing Monterey County ordinances germane to dog use under 43 CFR 8365.1-6, 43 U.S.C. 1733(a), 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a that were disclosed and analyzed within the approved plan.

    The proposed supplementary rules are broken into three categories. Proposed supplementary rules numbered 1 through 9 are new and would implement new direction from the approved dog management plan. Proposed supplementary rules 10 through 15 are not new, but would implement previous restrictions that were established in 1996 (see 61 FR 64530) and that are consistent with the national monument proclamation of 2012 (i.e. Proclamation 8803), and the BLM 2007 Resource Management Plan. Finally, proposed supplementary rules 16 and 17 are existing Monterey County ordinances that the BLM proposes to adopt as supplementary rules in order to facilitate cooperation between BLM rangers and local law enforcement officials.

    IV. Procedural Matters Regulatory Planning and Review (Executive Orders 12866 and 13563)

    The proposed supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Orders 12866 and 13563. They would not have an effect of $100 million or more on the economy. The proposed supplementary rules would not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health and safety, or State, local, or tribal governments or communities. The proposed supplementary rules would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The proposed supplementary rules would not alter the budgetary effects of entitlements, grants, user fees or loan programs, or the rights or obligations of their recipients, nor do they raise novel legal or policy issues. They would merely impose rules of conduct and impose other limitations on certain recreational and commercial activities on certain public lands to protect natural resources and human health and safety.

    Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. The BLM invites your comments on how to make these proposed supplementary rules easier to understand, including answers to questions such as the following:

    (1) Are the requirements in the supplementary rules clearly stated?

    (2) Do the supplementary rules contain technical language or jargon that interferes with their clarity?

    (3) Does the format of the supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce clarity?

    (4) Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections?

    (5) Is the description of the supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful in understanding the supplementary rules? How could this description be more helpful in making the supplementary rules easier to understand?

    Please send any comments you have on the clarity of the rule to the addresses specified in the ADDRESSES section.

    National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) that analyzed different dog management alternatives on FONM under Section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). On July 5, 2016, the BLM approved the Final FONM Dog Management Plan and associated environmental assessment (DOI-BLM-CA-C090-2016-0021-EA). The proposed supplementary rules are also consistent with the Record of Decision for the Southern Diablo Mountain Range and Central Coast of California RMP approved in 2007.

    Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as amended, 5 U.S.C. 601-612, to ensure that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. The proposed supplementary rules would merely impose reasonable restrictions on certain recreational or commercial activities on public lands in order to protect natural resources and the environment, and provide for human health and safety. Therefore, the BLM has determined under the RFA that the proposed supplementary rules would not have a significant economic impact on a substantial number of small entities.

    Small Business Regulatory Enforcement Fairness Act

    The proposed supplementary rules are not a “major rule” as defined under 5 U.S.C. 804(2). The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands and would not affect commercial or business activities of any kind.

    Unfunded Mandates Reform Act

    The proposed supplementary rules would not impose an unfunded mandate of more than $100 million per year; on State, local, or tribal governments in the aggregate; or on the private sector; nor would they have a significant or unique effect on small governments. The proposed supplementary rules would have no effect on governmental or tribal entities and would impose no requirements on any of these entities. The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands and would not affect tribal, commercial, or business activities of any kind. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act at 2 U.S.C. 1531.

    Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. Therefore, the BLM has determined that the proposed supplementary rules would not cause a taking of private property or require further discussion of takings implications under this Executive order.

    Executive Order 13132, Federalism

    The proposed supplementary rules would not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the BLM has determined that the proposed supplementary rules would not have sufficient federalism implications to warrant preparation of a federalism assessment.

    Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that the proposed supplementary rules would not unduly burden the judicial system, and that they meet the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

    Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

    In accordance with Executive Order 13175, the BLM has found that the proposed supplementary rules do not include policies that would have tribal implications. The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands.

    Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined that these proposed consolidated supplementary rules would not impede facilitating cooperative conservation; would take appropriate account of and consider the interests of persons with ownership or other legally recognized interests in land or other natural resources. The rules would properly accommodate local participation in the Federal decision-making process, and would provide that the programs, projects, and activities are consistent with protecting public health and safety.

    Information Quality Act

    In developing these proposed supplementary rules, the BLM did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Pub. L. 106-554). In accordance with the Information Quality Act, the DOI has issued guidance regarding the quality of information that it relies on for regulatory decisions. This guidance is available on the DOI's Web site at http://www.doi.gov/ocio/information_management/iq.cfm.

    Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    Under Executive Order 13211, the BLM has determined that the proposed supplementary rules would not comprise a significant energy action, and that they would not have an adverse effect on energy supplies, production, or consumption.

    Paperwork Reduction Act

    The proposed supplementary rules do not directly provide for any information collection that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. Moreover, any information collection that may result from Federal criminal investigations or prosecutions conducted under the proposed supplementary rules are exempt from the provisions of 44 U.S.C. 3518(c)(1).

    Author

    The principal author of these proposed supplementary rules is Eric Morgan, Monument Manager, Central Coast Field Office, 940 2nd Avenue, Marina, CA 93933.

    Proposed Supplementary Rules

    For the reasons stated in the preamble and under the authorities for supplementary rules found under 43 CFR 8365.1-6, 43 U.S.C. 1733(a), 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM California State Director proposes to issue supplementary rules for public lands managed by the BLM within the boundaries of the FONM, to read as follows:

    Definitions

    Designated route means any road or trail that the BLM has signed and shown on trail maps where public use is authorized.

    Dog means any domestic dog that is not classified as a “service animal.”

    “Off-leash-opportunity-route” means a specific road or trail on FONM that has been designated by the BLM to allow some opportunities for dogs to be off leash under specific circumstances.

    Service animal means a dog that is individually trained to do work or perform tasks for people with disabilities as covered under the Americans with Disabilities Act.

    Street-legal vehicle means a vehicle, such as an automobile, motorcycle, or light truck, that is equipped and licensed for use on a public street and/or highway and that is subject to registration under the California Vehicle Code 4000(a)(1).

    Unattended dog means any dog that is unaccompanied by an owner and/or handler whether on tether or otherwise.

    Yield means slowing or stopping forward progress to a point where it is possible to safely pass another visitor without injuring, startling, or surprising that visitor. For bicycles, the passing speed shall be no greater than 10 mph on roads, and 5 mph on single-track trails.

    Prohibited Acts

    Unless otherwise authorized by the BLM, the following prohibitions apply to all BLM-managed public lands on the Fort Ord National Monument (FONM):

    Proposed Supplementary Rules From the Dog Management Plan

    1. You must not bring a dog into the Inland Range Planning Unit. Service animals accompanying a disabled person as accommodated by the Americans with Disabilities Act are excluded from this provision.

    2. You must physically restrain, or keep your dog(s) on a leash or cord not to exceed 6 feet in length, at all times while you are on a road or trail that has not been designated as an “off-leash-opportunity-route.”

    3. You and/or your dog must not walk or roam off a designated route, including any route designated as an “off-leash-opportunity route.”

    4. You must physically restrain, or keep your dog on a leash or cord not to exceed 6 feet in length, on a designated “off-leash-opportunity-route” when you are within 100 feet of another person and/or dog that is not with your party.

    5. You must not allow your dog to roam over 50 feet away from you while on a designated “off-leash-opportunity-route.”

    6. You must not allow your dog to enter any vernal pool or pond, or roam within 20 feet of any such area, unless you and your dog are on a route designated for public use.

    7. You must carry a leash for each dog you have with you.

    8. You are prohibited from leaving a dog unattended, even if on tether, within a crate, or within an unoccupied motor vehicle.

    9. Visitors must yield the path, on both roads and trails, to other visitors in the following manner: Bicycles must yield to pedestrians and equestrians; and pedestrians must yield to equestrians. For bicycles, the passing speed shall be no greater than 10 mph on roads, and 5 mph on single-track trails.

    Proposed Supplementary Rules That Clarify Existing Restrictions Established in 1996 and Direction From the 2007 Record of Decision

    10. Motorized vehicles and other motorized devices, including electronic bicycles, are prohibited on all roads and trails excluding Creekside Terrace Road and Badger Hills Driveway. Motorized vehicle use on these two roadways is restricted to highway licensed street-legal vehicles.

    11. Use and/or occupancy of all lands within the FONM, including leaving personal property unattended, is prohibited between 1/2 hour after sunset and 1/2 hour before sunrise.

    12. All use (including pet use) is restricted to designated routes and trails. Open routes and trails are indicated on BLM maps and signed with route or trail markers. Any unsigned route which does not appear on the most current BLM map is closed to all uses.

    13. Campfires and other open flame fires are prohibited.

    14. Possession or discharge of fireworks, including “safe and sane” fireworks, is prohibited.

    15. Wood cutting and the collection of downed wood are prohibited.

    Proposed FONM Supplementary Rules That Are Currently Monterey County Ordinances

    16. It shall be unlawful for the owner or person having custody of any dog, either willfully or through failure to exercise due care or control, to allow said dog to defecate and to allow the feces thereafter to remain on FONM other than within trash receptacles provided for such purposes. This includes bagged feces—Reference Monterey County ordinance, 8.36.030.

    17. All dogs under four months of age shall be kept under physical restraint by the owner, keeper, or harborer when on FONM—Reference Monterey County ordinance, 8.20.020.

    18. Dogs on FONM shall wear a license tag with or without a chip implant at all times. The tag shall be attached at all times to a collar, harness, or other suitable device upon the dog for which the license tag was issued—Reference Monterey County ordinance, 8.08.040.

    Exemptions

    The following persons are exempt from these supplementary rules: Any Federal, State, or local officer or employee in the scope of their duties; members of any organized law enforcement, rescue, or fire-fighting force in performance of an official duty; and any person whose activities are authorized in writing by the BLM.

    Enforcement

    Any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, or both.

    In accordance with 43 CFR 8365.1-7, State or local officials may also impose penalties for violations of California law.

    Jerome E. Perez, State Director, California.
    [FR Doc. 2016-26457 Filed 11-3-16; 8:45 am] BILLING CODE 4310-40-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BG18 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 43 AGENCY:

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

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council) has submitted Amendment 43 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce (Secretary), Amendment 43 would revise the hogfish fishery management unit (FMU) to be the West Florida stock and define the geographic range of this stock consistent with the South Atlantic Fishery Management Council's (South Atlantic Council) proposed boundary between the Florida Keys/East Florida and West Florida stocks, set the status determination criteria (SDC) and annual catch limits (ACLs) for the West Florida stock, increase the minimum size limit for the West Florida stock, and remove the powerhead exception for harvest of hogfish in the Gulf reef fish stressed area. The purpose of Amendment 43 is to establish management measures for the West Florida hogfish stock in the Gulf using the best scientific information available.

    DATES:

    Written comments must be received by January 3, 2017.

    ADDRESSES:

    You may submit comments on Amendment 43 identified by “NOAA-NMFS-2016-0126” by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0126, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

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

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

    Electronic copies of Amendment 43, which includes an environmental assessment, a fishery impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2016/am43/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Peter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any FMP or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or amendment, publish an announcement in the Federal Register notifying the public that the FMP or amendment is available for review and comment.

    The FMP being revised by Amendment 43 was prepared by the Gulf Council and, if approved, would be implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act.

    Background

    Currently, hogfish in the Gulf exclusive economic zone (EEZ) are managed as a single stock with a stock ACL and no allocation between the commercial and recreational sectors. Although hogfish occur throughout the Gulf, they are caught primarily off the Florida west coast. Generally, the fishing season for both sectors is open year-round, January 1 through December 31. However, accountability measures (AMs) for hogfish specify that if commercial and recreational landings exceed the stock ACL in a fishing year, then during the following fishing year if the stock ACL is reached or is projected to be reached, the commercial and recreational sectors will be closed for the remainder of the fishing year. The hogfish ACL and AMs were implemented in 2012 (76 FR 82044, December 29, 2011). The AMs were triggered when the hogfish ACL was exceeded in 2012, and the 2013 season was closed on December 2 because NMFS determined that the 2013 hogfish stock ACL had been harvested (78 FR 72583, December 3, 2013). The stock ACL was exceeded again in 2013. However, there was no closure in 2014, and the stock ACL was not exceeded in the 2014 or 2015 fishing years.

    In 2014, the Florida Fish and Wildlife Conservation Commission (FWC) completed the most recent stock assessment for hogfish through the Southeast Data, Assessment, and Review process (SEDAR 37). SEDAR 37 divided the hogfish stock into three stocks based upon genetic analysis as follows: The West Florida stock, Florida Keys/East Florida stock, and the Georgia through North Carolina stock. The West Florida stock is completely within the jurisdiction of the Gulf Council and the Georgia through North Carolina stock is completely within the jurisdiction of the South Atlantic Council. The Florida Keys/East Florida stock crosses the Councils' jurisdictional boundary, with a small portion of the stock extending into the Gulf Council's jurisdiction off the west coast of Florida. Based on SEDAR 37 and the Gulf and South Atlantic Councils' Scientific and Statistical Committee (SSC) recommendations, NMFS determined the West Florida stock is not overfished or undergoing overfishing, the Florida Keys/East Florida stock is overfished and undergoing overfishing, and the status of the Georgia-North Carolina stock status is unknown.

    Actions Contained in Amendment 43

    Amendment 43 includes actions to revise the FMU for hogfish to be the West Florida stock and define the geographic range of this stock consistent with the South Atlantic Council's proposed boundary between the Florida Keys/East Florida and West Florida stocks, and set the SDC and ACL for the West Florida stock. In addition, actions in Amendment 43 increase the minimum size limit for the West Florida stock, and remove the powerhead exception for harvest of hogfish in the Gulf reef fish stressed area.

    Fishery Management Unit

    The South Atlantic Council developed and submitted for review by the Secretary of Commerce a rebuilding plan for the Florida Keys/East Florida hogfish stock through Amendment 37 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region. Because SEDAR 37 indicated only a small portion of the Florida Keys/East Florida stock extends into the Gulf Council's jurisdiction off south Florida, the Gulf Council through Amendment 43 proposes to revise the hogfish FMU to be the West Florida stock and define the geographic range of this stock consistent with the South Atlantic Council's proposed boundary between the Florida Keys/East Florida and West Florida hogfish stocks near Cape Sable, Florida. This boundary would be a line extending west along 25°09′ N. lat. to the outer boundary of the EEZ. The Gulf Council would manage hogfish (the West Florida stock) in the Gulf EEZ except south of 25°09′ N. lat. off the west coast of Florida. The South Atlantic Council would manage hogfish (the Florida Keys/East Florida stock) in the Gulf EEZ south of 25°09′ N. lat. off the west coast of Florida, and in the South Atlantic EEZ to the state border of Florida and Georgia. The boundary line near Cape Sable is south of the line used in SEDAR 37, which defined the West Florida stock as north of the Monroe and Collier County, Florida, boundary line. Therefore, it is possible that some fish from the Florida Keys/East Florida stock will be harvested under the regulations by the Gulf Council. However, the majority of hogfish landings in Monroe County occur in the Florida Keys, and the proposed boundary is far enough north of the Florida Keys that fishing trips originating in the Florida Keys rarely travel north of the boundary, and far enough south of Naples and Marco Island, Florida, that fishing trips originating from these locations rarely travel south of the boundary. In addition, the boundary line proposed by the Gulf and South Atlantic Councils is currently used by the FWC as a regulatory boundary for certain state-managed species. Using a pre-existing management boundary will increase enforceability and help fishermen by simplifying regulations across adjacent management jurisdictions.

    In accordance with section 304(f) of the Magnuson-Stevens Act, the Gulf Council requested that the Secretary designate the South Atlantic Council as the responsible Council for management of the Florida Keys/East Florida hogfish stock in Gulf Federal waters south of 25°09′ N. lat. near Cape Sable on the west coast of Florida. If the Gulf Council's request is approved, the Gulf Council would continue to manage hogfish in Federal waters in the Gulf, except in Federal waters south of this boundary. Therefore, the South Atlantic Council, and not the Gulf Council, would establish the management measures for the entire range of the Florida Keys/East Florida hogfish stock, including in Federal waters south of 25°09′ N. lat. near Cape Sable in the Gulf. Commercial and recreational for-hire vessels fishing for hogfish in Gulf Federal waters, i.e., north and west of the jurisdictional boundary between the Gulf and South Atlantic Councils (approximately the Florida Keys), as defined at 50 CFR 600.105(c), would still be required to have the appropriate Federal Gulf reef fish permits, and vessels fishing for hogfish in South Atlantic Federal waters, i.e., south and east of the jurisdictional boundary, would still be required to have the appropriate Federal South Atlantic snapper-grouper permits. Those permit holders would still be required to follow the sale and reporting requirements associated with the respective permits.

    NMFS specifically seeks public comment regarding the revised stock boundaries and the manner in which the Councils would have jurisdiction over these stocks if both Amendment 37 for the South Atlantic and Amendment 43 for the Gulf of Mexico are approved and implemented.

    Status Determination Criteria

    Currently, the only SDC implemented for Gulf hogfish is the overfishing threshold, or maximum fishing mortality rate (MFMT). The overfished threshold, or minimum stock size threshold (MSST), and maximum sustainable yield (MSY) actions were disapproved when the Gulf Council's Sustainable Fisheries Act Generic Amendment was approved by NMFS on November 17, 1999. Amendment 43 would maintain the current MFMT value at the fishing mortality corresponding to 30 percent of the stock's spawning potential ratio (SPR) (F30 % SPR). Amendment 43 would also specify the MSST and MSY values. The MSY proxy would equal the equilibrium yield at F30 % SPR and the MSST value would be equal to 75 percent of the spawning stock biomass capable of producing an equilibrium yield of the MSY proxy.

    Annual Catch Limit

    The current ACL and annual catch target (ACT) for Gulf hogfish were established based on 1999 through 2008 landings. The ACL and ACT were set using the Gulf Council's acceptable biological catch (ABC) control rule for stocks that have not been assessed but are stable over time. Amendment 43 would set the ACL for the West Florida hogfish stock at 219,000 lb (99,337 kg), round weight, for the 2017 and 2018 fishing years based on recommendations from the Gulf Council's SSC after its review of SEDAR 37. In 2019, and subsequent fishing years, the ACL would be set at the equilibrium ABC of 159,300 lb (72,257 kg), round weight. The Gulf Council decided to discontinue the designation of an ACT, because it is not used in the current AMs or for other management purposes.

    Minimum Size Limit

    Although the West Florida hogfish stock is not overfished or undergoing overfishing, the stock could be subject to seasonal closures should landings exceed the stock ACL and AMs are triggered. In 2012 and 2013, the stock ACL was exceeded, thus causing landings to be closely monitored in 2013 and 2014. This resulted in an in-season closure in 2013 but not in 2014. To reduce the likelihood of AMs being triggered, the Gulf Council determined that increasing the minimum size limit in Federal waters from 12 inches (30.5 cm), fork length (FL), to 14 inches (35.6 cm), FL, could reduce the directed harvest rate and, consequently, reduce the probability of exceeding the stock ACL and triggering AMs. This action has an additional benefit of allowing the hogfish to grow larger and have an additional spawning opportunity before being susceptible to harvest.

    Powerhead Exemption

    Currently, as described at 50 CFR 622.35(a), a regulatory exemption allows for the harvest of hogfish using powerheads in the reef fish stressed area. Amendment 43 would remove this exemption. The powerhead exemption provision is a regulatory holdover from when hogfish were listed as a species in the fishery but not in the reef fish FMU. Harvesting species in the FMU with powerheads in the stressed area was prohibited. By removing the powerhead exemption for hogfish, hogfish would be subject to the same regulations for Gulf reef fish in the stressed area as other species in the reef fish FMU. The coordinates for the reef fish stressed area are provided in 50 CFR part 622, Table 2 in Appendix B.

    Proposed Rule for Amendment 43

    A proposed rule that would implement Amendment 43 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating Amendment 43 to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If the determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.

    Consideration of Public Comments

    The Gulf Council has submitted Amendment 43 for Secretarial review, approval, and implementation. Comments on Amendment 43 must be received by January 3, 2017. Comments received during the respective comment periods, whether specifically directed to Amendment 43 or the proposed rule, will be considered by NMFS in its decision to approve, partially approve, or disapprove Amendment 43. Comments received after the comment periods will not be considered by NMFS in this decision. All comments received by NMFS on Amendment 43 or the proposed rule during their respective comment periods will be addressed in the final rule.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 31, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-26616 Filed 11-3-16; 8:45 am] BILLING CODE 3510-22-P
    81 214 Friday, November 4, 2016 Notices DEPARTMENT OF AGRICULTURE Farm Service Agency Information Collection Request; Inventory Property Management AGENCY:

    Farm Service Agency, USDA.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on an extension with a revision of a currently approved information collection that supports Inventory Property Management. The collected information is used to evaluate applicant requests to purchase inventory property, determine eligibility to lease or purchase inventory property, and ensure the payment of the lease amount or purchase amount associated with the acquisition of inventory property. Revisions to the information collection includes an increase in the total amount of burden hours expected related to inventory property requests.

    DATES:

    We will consider comments that we receive by January 3, 2017.

    ADDRESSES:

    We invite you to submit comments on this notice. In your comments, include date, volume, and page number, the OMB control number, and the title of the information collection of this issue of the Federal Register. You may submit comments by any of the following methods:

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

    Mail: J. Lee Nault, Loan Specialist, USDA/FSA/FLP, STOP 0523, 1400 Independence Avenue SW., Washington, DC 20250-0503.

    You may also send comments to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Copies of the information collection may be requested by contacting J. Lee Nault at the above address.

    FOR FURTHER INFORMATION CONTACT:

    J. Lee Nault, (202) 720-6834.

    SUPPLEMENTARY INFORMATION:

    Title: (7 CFR part 767) Farm Loan Programs—Inventory Property Management, OMB Number: 0560-0234, Expiration Date: 03/31/2017, Type of Request: Extension with a revision.

    Abstract: FSA's Farm Loan Programs provide supervised credit in the form of loans to family farmers to purchase real estate and equipment and finance agricultural production. Inventory Property Management, as specified in 7 CFR part 767, provides the requirements for the management, lease, and sale of security property acquired by FSA. FSA may take title to real estate as part of dealing with a problem loan either by entering a winning bid in an attempt to protect its interest at a foreclosure sale, or by accepting a deed of conveyance in lieu of foreclosure. Information collections established in the regulation are necessary for FSA to determine an applicant's eligibility to lease or purchase inventory property and to ensure the applicant's ability to make payment on the lease or purchase amount.

    The number of respondents and burden hours increase in the request. The increase is based on an approximate 13% increase in the number of inventory properties being held by FSA since the previous approval request. No additional forms, response actions, or time increases are added to the request.

    The formula used to calculate the total burden hour is estimated average time per responses hours times total annual responses.

    Estimate of Average Time to respond: 44 minutes per response. The average travel time, which is included in the total annual burden, is estimated to be 1 hour per respondent.

    Respondents: Individuals or households, businesses or other for profit farms.

    Estimated Annual Number of Respondents: 351.

    Estimated Number of Responses per Respondent: 1.03.

    Total Annual Responses: 363.

    Estimated Average Time per Response: 1.69.

    Estimated Total Annual Burden Hours: 616.

    We are requesting comments on all aspects of this information collection to help us to:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the collection of information including the validity of the methodology and assumptions used;

    (3) Evaluate the quality, utility, and clarity of the information technology; and

    (4) Minimize the burden of the information collection on those who respond through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    All comments received in response to this notice, including names and addresses where provided, will be made a matter of public record. Comments will be summarized and included in the request for OMB approval of the information collection.

    Val Dolcini, Administrator, Farm Service Agency.
    [FR Doc. 2016-26660 Filed 11-3-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Forest Service Fremont and Winema Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Fremont and Winema Resource Advisory Committee (RAC) will meet in Klamath Falls, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://facadatabase.gov/committee/committee.aspx?cid=2266&aid=171.

    DATES:

    The meeting will be held on November 17, 2016, from 9 a.m. to 5 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Klamath Ranger Station, 2819 Dahlia Street, Klamath Falls, Oregon.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Klamath Ranger Station, 2819 Dahlia Street, Klamath Falls, Oregon. Please call ahead at 541-883-6714 to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    David Brillenz, Designated Federal Official by phone at 541-947-6328, or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to provide:

    (1) Recommendations to the Forest Service concerning projects in Klamath County, and

    (2) Funding consistent with Title II of the Act.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request it in writing by November 7, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Roland Giller, Partnership Coordinator, 38500 Highway 97 North, Chiloquin, Oregon 97624; or by email to [email protected], or via facsimile to 541-783-2134.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled

    FOR FURTHER INFORMATION CONTACT:

    All reasonable accommodation requests are managed on a case by case basis.

    Dated: October 25, 2016. Eric J. Watrud, Acting Fremont-Winema National Forest Supervisor.
    [FR Doc. 2016-26635 Filed 11-3-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Fremont and Winema Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Fremont and Winema Resource Advisory Committee (RAC) will meet in Lakeview, Oregon. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://facadatabase.gov/committee/committee.aspx?cid=2266&aid=171.

    DATES:

    The meeting will be held on November 16, 2016, from 9 a.m. to 5 p.m.

    All RAC meetings are subject to cancellation. For status of the meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Lakeview Interagency Building, Main Conference Rooms, 1301 South G Street, Lakeview, Oregon.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Lakeview Interagency Building, 1301 South G Street, Lakeview, Oregon. Please call ahead at 541-947-6328 to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    David Brillenz, Designated Federal Official by phone at 541-947-6328, or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to provide:

    (1) Recommendations to the Forest Service concerning projects in Lake County; and

    (2) Funding consistent with Title II of the Act.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request it in writing by November 7, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time to make oral comments must be sent to Roland Giller, Partnership Coordinator, 38500 Highway 97 North, Chiloquin, Oregon 97624; or by email to [email protected], or via facsimile to 541-783-2134.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: October 25, 2016. Eric J. Watrud, Acting Fremont-Winema National Forest Supervisor.
    [FR Doc. 2016-26634 Filed 11-3-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Black Hills National Forest Advisory Board AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Black Hills National Forest Advisory Board (Board) will meet in Rapid City, South Dakota. The Board is established consistent with the Federal Advisory Committee Act of 1972 (5 U.S.C. App. II), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et.seq.), the National Forest Management Act of 1976 (16 U.S.C. 1612), and the Federal Public Lands Recreation Enhancement Act (Pub. L. 108-447). Additional information concerning the Board, including the meeting summary/minutes, can be found by visiting the Board's Web site at: http://www.fs.usda.gov/main/blackhills/workingtogether/advisorycommittees.

    DATES:

    The meeting will be held on Wednesday, November 16, 2016, at 1:00 p.m.

    All meetings are subject to cancellation. For updated status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at the Mystic Ranger District, 8221 South Highway 16, Rapid City, South Dakota.

    Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses, when provided, are placed in the record and available for public inspection and copying. The public may inspect comments received at the Black Hills National Forest Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Scott Jacobson, Board Coordinator by phone at 605-440-1409, or by email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to provide:

    (1) Orientation Topic—Forest Plan Overview;

    (2) Structural Stages of the Forest;

    (3) Black Hills Resilient Landscapes (BHRL) Project update;

    (4) MPB—Epidemic to Endemic; and

    (5) 2016 Aerial Photo Results/Update.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should submit a request in writing by November 7, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the Board may file written statements with the Board's staff before or after the meeting. Written comments and time requests for oral comments must be sent to Scott Jacobson, Black Hills National Forest Supervisor's Office, 1019 North Fifth Street, Custer, South Dakota 57730; by email to [email protected], or via facsimile to 605-673-9208.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled For Further Information Contact. All reasonable accommodation requests are managed on a case by case basis.

    Dated: October 31, 2016. Mark Van Every, Forest Supervisor.
    [FR Doc. 2016-26671 Filed 11-3-16; 8:45 am] BILLING CODE 3411-15-P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Maine Advisory Committee; Correction AGENCY:

    Commission on Civil Rights.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Commission on Civil Rights published a notice in the Federal Register of September 16, 2016, concerning a meeting of the Maine Advisory Committee. The state purpose of the meeting on Tuesday, November 15, 2016, was incorrect. The committee on this date will discuss and vote on its human tracking report.

    FOR FURTHER INFORMATION CONTACT:

    Evelyn Bohor, (202) 376-7533.

    Correction

    In the Federal Register of September 16, 2016, in FR Doc. 2016-22334, on page 63739, correct the first paragraph to read:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that planning meetings of the Maine Advisory Committee to the Commission will convene by conference call at 1:30 p.m. (ET) on: Tuesday, October 18, 2016; Tuesday, November 15, 2016; Tuesday, December 20, 2016; Tuesday, January, 17, 2017 and Tuesday, February 21, 2017. The purpose of each meeting is to discuss project planning as the Committee moves to selecting a topic as its civil rights project. The Committee will also select additional officers, as necessary. The November 15 meeting will be to discuss and vote on the Committee's report to the Commission on human trafficking in Maine.

    Dated: November 1, 2016. David Mussatt, Supervisory Chief, Regional Programs Coordination Unit.
    [FR Doc. 2016-26687 Filed 11-3-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, Department of Commerce.

    ACTION:

    Notice and Opportunity for Public Comment.

    Pursuant to Section 251 of the Trade Act 1974, as amended (19 U.S.C. 2341 et seq.), the Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of these firms contributed importantly to the total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    List of Petitions Received by EDA for Certification Eligibility To Apply for Trade Adjustment Assistance [10/22/2016 through 10/31/2016] Firm name Firm address Date accepted for
  • investigation
  • Product(s)
    TMP Technologies, Inc 1200 Northland Avenue, Buffalo, NY 14215 10/25/2016 The firm manufactures custom foam applicators and rubber components. The PWT Group, LLC, d/b/a Precision Wire Technologies 6320 Highview Drive, Fort Wayne, IN 46818 10/26/2016 The firm manufactures wire dies and precision drawn round and flat wire in stainless steel, steel alloys and a variety of non-ferrous alloys. DCI, Inc 265 S. Main Street, Lisbon, NH 3585 10/31/2016 The firm is a manufacturer of hardwood dormitory style furniture. Encore Ceramics, Inc P.O. Box 2124, Grants Pass, OR 97528 10/31/2016 The firm manufactures ceramic tiles. JT Precision, Inc 8701 Haight Road, Baker, NY 14012 10/31/2016 The firm manufactures precision machined component parts.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Miriam Kearse, Lead Program Analyst.
    [FR Doc. 2016-26650 Filed 11-3-16; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2012] Grant of Authority; Establishment of a Foreign-Trade Zone, Under the Alternative Site Framework, Vancouver, Washington

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;

    Whereas, the Port of Vancouver USA (the Grantee) has made application to the Board (B-29-2016, docketed May 4, 2016), requesting the establishment of a foreign-trade zone under the ASF with a service area of Clark County, Washington, within and adjacent to the Portland, Oregon U.S. Customs and Border Protection port of entry, and proposed Site 1 would be categorized as a magnet site;

    Whereas, notice inviting public comment has been given in the Federal Register (81 FR 29251-29252, May 11, 2016) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby grants to the Grantee the privilege of establishing a foreign-trade zone, designated on the records of the Board as Foreign-Trade Zone No. 296, as described in the application, and subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit.

    Signed at Washington, DC, October 18, 2016. Penny Pritzker, Secretary of Commerce, Chairman and Executive Officer, Foreign-Trade Zones Board. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-26757 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-72-2016] Foreign-Trade Zone (FTZ) 80—San Antonio, Texas; Notification of Proposed Production Activity; CGT U.S., Ltd.; (Polyvinyl Chloride (PVC) Coated Upholstery Fabric Cover Stock); New Braunfels, Texas

    CGT U.S., Ltd. (CGT), submitted a notification of proposed production activity to the FTZ Board for its facility in New Braunfels, Texas. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on October 18, 2016.

    A separate application for subzone designation at the CGT facility was submitted and will be processed under Section 400.38 of the Board's regulations. The facility is used for the production of PVC coated upholstery fabric cover stock. Pursuant to 15 CFR 400.14(b), FTZ activity would be limited to the specific foreign-status materials and components and specific finished product described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt CGT from customs duty payments on the foreign-status components used in export production. On its domestic sales, CGT would be able to choose the duty rate during customs entry procedures that applies to the PVC coated upholstery fabric cover stock (duty free) for the foreign-status inputs noted below. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The components and materials sourced from abroad include: Compound stabilizer for plastics; antimony trioxide (low-tint); flat release paper; polyester knit fabric; polycotton knit fabric; polyurethane top finish dull; polyurethane top finish gloss; polyvinyl chloride dispersion resin; carbodimide crosslinker; aqueous (water base) polyurethane top finish; polyurethane top finish; aqueous (water base) silicone modifier; aqueous (water base) silicone hand modifier; polyurethane; polyisocyanate crosslinker; defoamer; polyfunctional aziridine crosslinker; wetting agent top coat; and, stabilizers (duty rates range from duty free to 10%).

    The request indicates that CGT will admit foreign-status polyester and polycotton knit fabrics (HTSUS 6006.31.00) in privileged foreign status (19 CFR 146.43), thereby precluding inverted tariff benefits on these inputs.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is December 14, 2016.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Diane Finver at [email protected] or (202) 482-1367.

    Dated: October 27, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-26741 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-152-2016] Foreign-Trade Zone 44—Morris County, New Jersey; Application for Subzone; AGFA Corporation; Branchburg, New Jersey

    An application has been submitted to the Foreign-Trade Zones Board (the Board) by the New Jersey Department of State, grantee of FTZ 44, requesting subzone status for the facility of AGFA Corporation, located in Branchburg, New Jersey. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on October 28, 2016.

    The proposed subzone (39 acres) is located at 50 Meister Avenue, Branchburg. A notification of proposed production activity has been submitted and will be published separately for public comment. The proposed subzone would be subject to the existing activation limit of FTZ 44.

    In accordance with the Board's regulations, Kathleen Boyce of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary.

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is December 14, 2016. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to December 29, 2016.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Kathleen Boyce at [email protected] or (202) 482-1346.

    Dated: October 28, 2016. Camille R. Evans, Acting Executive Secretary.
    [FR Doc. 2016-26746 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 2016] Approval of Subzone Status; Westlake Chemical Corporation; Sulphur, Louisiana

    Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:

    Whereas, the Foreign-Trade Zones Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;

    Whereas, the Board's regulations (15 CFR part 400) provide for the establishment of subzones for specific uses;

    Whereas, the Lake Charles Harbor & Terminal District, grantee of Foreign-Trade Zone 87, has made application to the Board for the establishment of a subzone at the facilities of Westlake Chemical Corporation, located in Sulphur, Louisiana (FTZ Docket B-38-2016, docketed May 25, 2016);

    Whereas, notice inviting public comment has been given in the Federal Register (81 FR 35297-35298, June 2, 2016) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,

    Whereas, the Board adopts the findings and recommendations of the examiner's memorandum, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;

    Now, therefore, the Board hereby approves subzone status at the facilities of Westlake Chemical Corporation, located in Sulphur, Louisiana (Subzone 87F), as described in the application and Federal Register notice, subject to the FTZ Act and the Board's regulations, including Section 400.13.

    Signed at Washington, DC, October 25, 2016. Ronald K. Lorentzen Acting Assistant Secretary of Commerce for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.
    [FR Doc. 2016-26748 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-44-2016] Foreign-Trade Zone (FTZ) 44—Morris County, New Jersey; Authorization of Production Activity; Givaudan Flavors Corporation (Flavor Products); East Hanover, New Jersey

    On June 13, 2016, the State of New Jersey, Department of State, grantee of FTZ 44, submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board on behalf of Givaudan Flavors Corporation, within Subzone 44H in East Hanover, New Jersey.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 42649, June 30, 2016). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board's regulations, including Section 400.14.

    Dated: October 27, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-26739 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-045] 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (“Department”) preliminarily determines that 1-Hydroxyethylidene-1, 1-Diphosphonic Acid (“HEDP”) from the People's Republic of China (“PRC”) is being, or is likely to be, sold in the United States at less than fair value (“LTFV”), as provided in section 733 of the Tariff Act of 1930, as amended (“the Act”). The period of investigation (“POI”) is July 1, 2015 through December 31, 2015. The estimated weighted-average dumping margins are shown in the “Preliminary Determination” section of this notice. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Omar Qureshi or Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5307 or (202) 482-6491, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department published the notice of initiation of this investigation on April 28, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum, which is dated concurrently with and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.

    1See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 25377 (April 28, 2016) (“Initiation Notice”).

    2See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance “Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's Republic of China,” dated concurrently with and hereby adopted by this notice (“Preliminary Decision Memorandum”).

    Scope of the Investigation

    The product covered by this investigation is HEDP from the PRC. For a full description of the scope of this investigation, see the “Scope of the Investigation,” in Appendix I.

    Scope Comments

    In accordance with the preamble to the Department's regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Decision Memorandum.5

    3See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997).

    4See Initiation Notice, 81 FR 25377.

    5See Preliminary Decision Memorandum.

    Methodology

    The Department is conducting this investigation in accordance with section 731 of the Act. We calculated export prices and constructed export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, we calculated normal value (“NV”) in accordance with section 773(c) of the Act. In addition, the Department relied on adverse facts available under sections 776(a) and (b) of the Act. Specifically, the Department did not receive timely responses to its Q&V questionnaire or separate rate applications from numerous PRC exporters and/or producers of merchandise under consideration that were named in the Petition and to whom the Department issued Q&V questionnaires.6 Because non-responsive PRC companies have not demonstrated that they are eligible for separate rate status, the Department considers them to be part of the PRC-wide entity.7 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.

    6See Q&V Delivery Confirmation Memo.

    7See Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 75966 (December 7, 2015) and accompanying Issues and Decision Memorandum at Comment 1.

    Combination Rates

    In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8

    8See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,” (April 5, 2005) (Policy Bulletin 05.1), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.

    Preliminary Determination

    The Department preliminarily determines that the following weighted-average dumping margins exist during the POI:

    Producer Exporter Weighted-average dumping margin Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory Nanjing University of Chemical Technology Changzhou Wujin Water Quality Stabilizer Factory and Nantong Uniphos Chemicals Co., Ltd. (collectively, “WW Group”) 179.97 Shandong Taihe Water Treatment Technologies Co., Ltd Shandong Taihe Chemicals Co., Ltd. (“Taihe”) 137.61 Henan Qingshuiyuan Technology Co., Ltd Henan Qingshuiyuan Technology Co., Ltd. (“Qingshuiyuan”) 168.95 Jianghai Environmental Protection Co., Ltd Jianghai Environmental Protection Co., Ltd. (“Jianghai”) 168.95 PRC-Wide Entity 179.97 Non-Selected Separate Rate

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

    Apart from the mandatory respondents in this investigation, two other PRC exporters of the subject merchandise during the POI established entitlement to a separate rate.9 Thus, separate rates are being assigned in this segment to Jianghai and Qingshuiyuan. There currently exist no individually investigated respondents that have failed to cooperate in this investigation, and there are no zero or de minimis margins. Therefore, we are preliminarily determining the separate rate for non-selected companies (Jianghai and Qingshuiyuan) based on a weighted-average of the calculated rates determined for the mandatory respondents,10 in accordance with section 735(c)(5)(A) of the Act.

    9See Preliminary Decision Memo.

    10 We have calculated (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010).

    Suspension of Liquidation

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

    Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit 11 equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the PRC-wide entity; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice.

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

    We normally adjust antidumping duty cash deposit rates by the amount of export subsidies, where appropriate. In the companion CVD investigation, we preliminarily found that the WW Group did not receive export subsidies.12 Therefore, no offset to the WW Group's cash deposit rate for export subsidies is necessary.13 With respect to Taihe, because its countervailing duty rate in the companion investigation included an amount for export subsidies, an offset of 0.28 percent will be made to its cash deposit rate.14 With respect to the separate-rate companies, we find that an export subsidy adjustment of 0.14 percent to the cash deposit rate is warranted because this is the export subsidy rate included in the countervailing duty “all others” rate to which the separate-rate companies are subject. For the PRC-wide entity, which received an adverse facts available rate in this preliminary determination, as an extension of the adverse inference found necessary pursuant to section 776(b) of the Act, the Department has not adjusted the PRC-wide entity's AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding, because the lowest export subsidy rate determined in the companion CVD proceeding is 0.00 percent.15,16

    12See Countervailing Duty Investigation of 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China: Preliminary Affirmative Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 81 FR 62084 (September 8, 2016) (“HEDP CVD Prelim”), and accompanying Preliminary Decision Memorandum at 13-19.

    13Id.

    14Id.

    15See, e.g., Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35.

    16See HEDP CVD Prelim at 81 FR 62085.

    Pursuant to section 777A(f) of the Act, we normally adjust preliminary cash deposit rates for estimated domestic subsidy pass-through, where appropriate. However, in this case there is no basis to grant a domestic subsidy pass-through adjustment.17

    17See Preliminary Decision Memorandum at 28-29.

    Disclosure and Public Comment

    We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs, rebuttal briefs, and hearing requests.18 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum at Section IX.

    18See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).

    International Trade Commission (“ITC”) Notification

    In accordance with section 733(f) of the Act, we will notify the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.19

    19See section 735(b)(2) of the Act.

    Postponement of Final Determination and Extension of Provisional Measures

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

    On October 19 and 20, 2016, pursuant to 19 CFR 351.210(b) and (e), the WW Group and Taihe, respectively, requested that, contingent upon an affirmative preliminary determination of sales at LTFV, the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.20

    20See the WW Group's Letter (October 19, 2016); Taihe's Letter (October 20, 2016).

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.21

    21See also 19 CFR 351.210(e).

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

    Dated: October 27, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise covered by this investigation includes all grades of aqueous acidic (non-neutralized) concentrations of 1-hydroxyethylidene-1, 1-diphosphonic acid (HEDP), also referred to as hydroxyethylidenendiphosphonic acid, hydroxyethanediphosphonic acid, acetodiphosphonic acid, and etidronic acid. The CAS (Chemical Abstract Service) registry number for HEDP is 2809-21-4.

    The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 2931.90.9043. It may also enter under HTSUS subheadings 2811.19.6090 and 2931.90.9041. While HTSUS subheadings and the CAS registry number are provided for convenience and customs purposes only, the written description of the scope of this investigation is dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Selection of Respondents VII. Scope of the Investigation VIII. Discussion of the Methodology a. Non-Market Economy Country b. Surrogate Country and Surrogate Values Comments c. Separate Rates d. Combination Rates e. Collapsing and Affiliation f. The PRC-Wide Entity g. Application of Facts Available and Adverse Inferences h. Date of Sale i. Comparisons to Fair Value j. Normal Value k. Factor Valuation Methodology l. Determination of the Comparison Method IX. Currency Conversion X. Export Subsidy Adjustment XI. Adjustment Under Section 777A(f) of the Act XII. Disclosure and Public Comment XIII. Verification XIV. Recommendation
    [FR Doc. 2016-26755 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Meeting of the United States Travel and Tourism Advisory Board AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an Open Meeting.

    SUMMARY:

    The United States Travel and Tourism Advisory Board (Board) will hold an open meeting on Friday, November 18, 2016. The Board was re-chartered in August 2015 and advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry. The purpose of the meeting is for Board members to discuss and prioritize longer-term travel and tourism issues and considerations regarding recommendations from the Board. The final agenda will be posted on the Department of Commerce Web site for the Board at http://trade.gov/ttab, at least one week in advance of the meeting.

    DATES:

    Friday, November 18, 2016. The deadline for members of the public to register, including requests to make comments during the meeting and for auxiliary aids, or to submit written comments for dissemination prior to the meeting, is 5 p.m. EDT on November 11, 2016.

    ADDRESSES:

    The meeting will be held at Dulles International Airport, 1 Saarinen Cir, Dulles, VA 20166.

    Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted to: U.S. Travel and Tourism Advisory Board, U.S. Department of Commerce, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, [email protected] Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt.

    FOR FURTHER INFORMATION CONTACT:

    Li Zhou, the United States Travel and Tourism Advisory Board, Room 4043, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: 202-482-4501, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The Board advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry.

    Public Participation: The meeting will be open to the public and will be accessible to people with disabilities. All guests are required to register in advance by the deadline identified under the DATES caption. Requests for auxiliary aids must be submitted by the registration deadline. Last minute requests will be accepted, but may not be possible to fill. There will be fifteen (15) minutes allotted for oral comments from members of the public joining the meeting. To accommodate as many speakers as possible, the time for public comments may be limited to three (3) minutes per person. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration, as well as the name and address of the proposed speaker. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, the International Trade Administration may conduct a lottery to determine the speakers. Speakers are requested to submit a written copy of their prepared remarks by 5:00 p.m. EDT on Friday, November 11, 2016, for inclusion in the meeting records and for circulation to the members of the Travel and Tourism Advisory Board.

    In addition, any member of the public may submit pertinent written comments concerning the Board's affairs at any time before or after the meeting. Comments may be submitted to Li Zhou at the contact information indicated above. To be considered during the meeting, comments must be received no later than 5:00 p.m. EDT on Friday, November 11, 2016, to ensure transmission to the Board prior to the meeting. Comments received after that date and time will be distributed to the members but may not be considered on the call. Copies of Board meeting minutes will be available within 90 days of the meeting.

    Dated: October 31, 2016. Li Zhou, Executive Secretary, United States Travel and Tourism Advisory Board.
    [FR Doc. 2016-26713 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty AGENCY:

    Enforcement and Compliance, International Trade Administration Department of Commerce.

    DATES:

    Effective November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Moore, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230, telephone: (202) 482-3692.

    SUPPLEMENTARY INFORMATION:

    Section 702 of the Trade Agreements Act of 1979 (as amended) (the Act) requires the Department of Commerce (the Department) to determine, in consultation with the Secretary of Agriculture, whether any foreign government is providing a subsidy with respect to any article of cheese subject to an in-quota rate of duty, as defined in section 702(h) of the Act, and to publish quarterly updates to the type and amount of those subsidies. We hereby provide the Department's quarterly update of subsidies on articles of cheese that were imported during the periods April 1, 2016, through June 30, 2016.

    The Department has developed, in consultation with the Secretary of Agriculture, information on subsidies, as defined in section 702(h) of the Act, being provided either directly or indirectly by foreign governments on articles of cheese subject to an in-quota rate of duty. The appendix to this notice lists the country, the subsidy program or programs, and the gross and net amounts of each subsidy for which information is currently available. The Department will incorporate additional programs which are found to constitute subsidies, and additional information on the subsidy programs listed, as the information is developed.

    The Department encourages any person having information on foreign government subsidy programs which benefit articles of cheese subject to an in-quota rate of duty to submit such information in writing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Ave. NW., Washington, DC 20230.

    This determination and notice are in accordance with section 702(a) of the Act.

    Dated: October 28, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Subsidy Programs on Cheese Subject to an In-Quota Rate of Duty Country Program(s) Gross 1
  • subsidy
  • ($/lb)
  • Net 2
  • subsidy
  • ($/lb)
  • 28 European Union Member States 3 European Union Restitution Payments $0.00 $0.00 Canada Export Assistance on Certain Types of Cheese 0.46 0.46 Norway Indirect (Milk) Subsidy 0.00 0.00 Consumer Subsidy 0.00 0.00 Total 0.00 0.00 Switzerland Deficiency Payments 0.00 0.00 1 Defined in 19 U.S.C. 1677(5). 2 Defined in 19 U.S.C. 1677(6). 3 The 28 member states of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
    [FR Doc. 2016-26751 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY:

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

    FOR FURTHER INFORMATION CONTACT:

    Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735.

    Background

    Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (“the Act”), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (“the Department”) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.

    All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date.

    Respondent Selection

    In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (“APO”) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review.

    In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act:

    In general, the Department finds that determinations concerning whether particular companies should be “collapsed” (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted.

    Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after November 2016, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis.

    The Department is providing this notice on its Web site, as well as in its “Opportunity to Request Administrative Review” notices, so that interested parties will be aware of the manner in which the Department intends to exercise its discretion in the future.

    OPPORTUNITY TO REQUEST A REVIEW:

    Not later than the last day of November 2016,1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in November for the following periods:

    1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

    Period of review Antidumping Duty Proceedings Brazil: Circular Welded Non-Alloy Steel Pipe, A-351-809 11/1/15-10/31/16 Indonesia: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses A-560-823 11/1/15-10/31/16 Monosodium Glutamate, A-560-826 11/1/15-10/31/16 Mexico: Certain Circular Welded Non-Alloy Steel Pipe, A-201-805 11/1/15-10/31/16 Seamless Refined Copper Pipe and Tube, A-201-838 11/1/15-10/31/16 Steel Concrete Reinforcing Bar, A-201-844 11/1/15-10/31/16 Republic of Korea: Certain Circular Welded Non-Alloy Steel Pipe, A-580-809 11/1/15-10/31/16 Taiwan: Certain Hot-Rolled Carbon Steel Flat Products, A-583-835 11/1/15-10/31/16 Certain Circular Welded Non-Alloy Steel Pipe, A-583-814 11/1/15-10/31/16 Thailand: Certain Hot-Rolled Carbon Steel Flat Products, A-549-817 11/1/15-10/31/16 The People's Republic of China: Certain Cut-To-Length Carbon Steel, A-570-849 11/1/15-10/31/16 Certain Hot-Rolled Carbon Steel Flat Products, A-570-865 11/1/15-10/31/16 Certain Coated Paper Suitable For High-Quality Print Graphics Using Sheet-Fed Presses, A-570-958 11/1/15-10/31/16 Diamond Sawblades and Parts Thereof, A-570-900 11/1/15-10/31/16 Fresh Garlic, A-570-831 11/1/15-10/31/16 Lightweight Thermal Paper, A-570-920 11/1/15-10/31/16 Monosodium Glutamate, A-570-992 11/1/15-10/31/16 Paper Clips, A-570-826 11/1/15-10/31/16 Polyethylene Terephthalate (Pet) Film, A-570-924 11/1/15-10/31/16 Pure Magnesium in Granular Form, A-570-864 11/1/15-10/31/16 Refined Brown Aluminum Oxide, A-570-882 11/1/15-10/31/16 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, A-570-956 11/1/15-10/31/16 Seamless Refined Copper Pipe and Tube, A-570-964 11/1/15-10/31/16 Ukraine: Certain Hot-Rolled Carbon Steel Flat Products, A-823-811 11/1/15-10/31/16 United Arab Emirates: Polyethylene Terephthalate (Pet) Film, A-520-803 11/1/15-10/31/16 Countervailing Duty Proceedings Indonesia: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses, C-560-824 1/1/15-12/31/15 The People's Republic of China: Certain Coated Paper Suitable For High-Quality Print Graphics Using Sheet-Fed Presses, C-570-959 1/1/15-12/31/15 Chlorinated Isocyanurates, C-570-991 1/1/15-12/31/15 Lightweight Thermal Paper, C-570-921 1/1/15-12/31/15 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe, C-570-957 1/1/15-12/31/15 Turkey: Steel Concrete Reinforcing Bar, C-489-819 1/1/15-12/31/15 Suspension Agreements Ukraine: Certain Cut-To-Length Carbon Steel, A-823-808 11/1/15-10/31/16

    In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover.

    Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii).

    As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.2

    2See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.

    Further, as explained in Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013), the Department clarified its practice with regard to the conditional review of the non-market economy (NME) entity in administrative reviews of antidumping duty orders. The Department will no longer consider the NME entity as an exporter conditionally subject to administrative reviews. Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.3 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity). Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate.

    3 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request.

    All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”) on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov. 4 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request.

    4See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    The Department will publish in the Federal Register a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of November 2016. If the Department does not receive, by the last day of November 2016, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered.

    For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures “gap” period of the order, if such a gap period is applicable to the period of review.

    This notice is not required by statute but is published as a service to the international trading community.

    Dated: October 27, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-26749 Filed 11-3-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XA341 Marine Mammals; File No. 15324 AGENCY:

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

    ACTION:

    Notice; issuance of permit amendment.

    SUMMARY:

    Notice is hereby given that Alaska Department of Fish and Game (ADF&G), Division of Wildlife Conservation, Juneau, AK (Responsible Party: Robert Small, Ph.D.) has been issued a minor amendment to Scientific Permit No. 15324.

    ADDRESSES:

    The amendment and related documents are available for review 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.

    FOR FURTHER INFORMATION CONTACT:

    Sara Young or Amy Sloan, phone (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216).

    The original permit (No. 15324), issued on May 25, 2011 (76 FR 30309) authorized taking spotted (Phoca largha), ringed (Phoca hispida), bearded (Erignathus barbatus), and ribbon seals (Histriophoca fasciata) in the Bering, Chukchi, and Beaufort Seas of Alaska to monitor the status and health of all four species by analyzing samples from the subsistence harvest and by documenting movements and habitat use by tracking animals with satellite transmitters through December 31, 2016. The major amendment (No. 15324-01) amended the permit to include: (1) Takes by harassment during aerial and vessel surveys to monitor seal distribution relative to changes in sea ice; (2) increased takes by incidental harassment; (3) the use of additional sedative drugs during capture activities; and (4) the use of remote dart-delivery as a method for capturing bearded seals. reduced the number of authorized mortalities for bearded seals and ringed seals. A second amendment (No. 15324-02) was issued to: (1) Modify the annual research time period from March-November to year-round; (2) authorize captures on land (in addition to already permitted captures in water and on ice); (3) modify open water capture techniques for bearded seals to include the use of a non-lethal deterrent (e.g., rubber bullets, bean bags, or paintballs) aimed near but not on seals while pursuing a seal prior to capture in a net to increase the chances of successful capture. The minor amendment (No. 15324-03) extends the duration of the permit through December 31, 2017, but does not change any other terms or conditions of the permit.

    Dated: October 31, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-26677 Filed 11-3-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee AGENCY:

    National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce.

    ACTION:

    Notice of open meeting (via teleconference).

    SUMMARY:

    Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee (Committee).

    DATES AND TIMES:

    The public meeting will be held on Tuesday, November 22, 2016, from 3:00 p.m. to 4:00 p.m. ET. These times and the agenda topics described below are subject to change. Refer to the Web page listed below for the most up-to-date meeting agenda.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Snowden, Designated Federal Official, U.S. IOOS Advisory Committee, U.S. IOOS Program, 1315 East-West Highway, 2nd Floor, Silver Spring, MD 20910, Silver Spring, MD 20910; Phone 240-533-9466; Fax 301-713-3281; Email [email protected] or visit the U.S. IOOS Advisory Committee Web site at https://ioos.noaa.gov/community/u-s-ioos-advisory-committee/.

    SUPPLEMENTARY INFORMATION:

    The Committee meeting will be held via teleconference. Members of the public who wish to participate in the meeting must register in advance by 5:00 p.m. ET on November 21. 2016. Please register by contacting Jessica Snowden, Designated Federal Official by email at [email protected] or telephone at 240-533-9466. Teleconference information will be provided to registrants prior to the meeting. While the meeting will be open to the public, teleconference capacity may be limited.

    The Committee was established by the NOAA Administrator as directed by Section 12304 of the Integrated Coastal and Ocean Observation System Act, part of the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11). The Committee advises the NOAA Administrator and the Interagency Ocean Observation Committee (IOOC) on matters related to the responsibilities and authorities set forth in section 12302 of the Integrated Coastal and Ocean Observation System Act of 2009 and other appropriate matters as the Under Secretary refers to the Committee for review and advice.

    The Committee will provide advice on:

    (a) administration, operation, management, and maintenance of the System;

    (b) expansion and periodic modernization and upgrade of technology components of the System;

    (c) identification of end-user communities, their needs for information provided by the System, and the System's effectiveness in dissemination information to end-user communities and to the general public; and

    (d) any other purpose identified by the Under Secretary of Commerce for Oceans and Atmosphere or the Interagency Ocean Observation Committee.

    The meeting will be open to public participation with a 10-minute public comment period on November 22, 2016, from 3:45 p.m. to 3:55 p.m. (check agenda on Web site to confirm time.) The Committee expects that public statements presented 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 a total time of three (3) minutes. Written comments should be received by the Designated Federal Official by November 18, 2016 to provide sufficient time for Committee review. Written comments received after November 18, 2016, will be distributed to the Committee, but may not be reviewed prior to the meeting date.

    Matters To Be Considered: The meeting will focus on review of a draft statement to the next administration on U.S. IOOS and its benefit to the nation. The agenda is subject to change. The latest version will be posted at https://ioos.noaa.gov/community/u-s-ioos-advisory-committee/.

    Dated: October 24, 2016. Donne Rivelli, Chief Financial Officer (acting), National Ocean Service.
    [FR Doc. 2016-26676 Filed 11-3-16; 8:45 am] BILLING CODE 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 provided by a nonprofit agency employing persons who are blind or have other severe disabilities.

    DATES:

    Effective on December 4, 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 10/7/2016 (81 FR 69789-69790), 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 agency to provide the service and impact of the addition on the current or most recent contractors, 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 provide the service to the Government.

    2. The action will result in authorizing small entities to provide 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 Service Type: Custodial Service. Service Mandatory for: Architect of the Capitol, Capitol Power Plant & Coal Yard, 25 E Street SE., & 42 I Street, Washington, DC. Mandatory Source(s) of Supply: Anchor Mental Health Association, Washington, DC. Contracting Activity: Architect of the Capitol, U.S. Capitol Building, Washington, DC. Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-26732 Filed 11-3-16; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed Addition to and Deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add a service to the Procurement List that will be furnished by nonprofit agency employing persons who are blind or have other severe disabilities and, deletes a product and services previously furnished by such agencies.

    DATES:

    Comments must be received on or before December 4, 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:

    This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Addition

    If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice will be required to procure the service listed below from nonprofit agency employing persons who are blind or have other severe disabilities.

    The following service is proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Service Service Type: Janitorial/Custodial and Related Service. Mandatory for: GSA PBS Region 10, Pioneer Courthouse, 700 SW 6th Avenue, Portland, OR. Mandatory Source(s) of Supply: Portland Habilitation Center, Inc., Portland, OR. Contracting Activity: GSA/PUBLIC BUILDINGS SERVICE, Auburn, WA. Deletions

    The following product and services are proposed for deletion from the Procurement List:

    Product NSN(s)—Product Name(s): 8460-01-433-8398—Briefcase, Black. Mandatory Source(s) of Supply: Helena Industries, Inc., Helena, MT. Contracting Activity: General Services Administration, Fort Worth, TX. Services Service Type: Food Service Attendant. Mandatory for: Kirtland Air Force Base, Kirtland AFB, NM. Mandatory Source(s) of Supply: LifeROOTS, Inc., Albuquerque, NM. Contracting Activity: Dept of the Air Force, FA7014 AFDW PK. Service Type: Facilities Maintenance Service. Mandatory for: Buckley Annex and Building 667, Buckley AFB, CO. Mandatory Source(s) of Supply: Professional Contract Services, Inc., Austin, TX. Contracting Activity: Dept of the Air Force, FA2543 460 CONF LGC. Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-26731 Filed 11-3-16; 8:45 am] BILLING CODE 6353-01-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2016-0046] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Truth In Lending Act (Regulation Z)—Appraisals For Higher-Priced Mortgage Loans.”

    DATES:

    Written comments are encouraged and must be received on or before January 3, 2017 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Truth In Lending Act (Regulation Z)—Appraisals for Higher-Priced Mortgage Loans.”

    OMB Control Number: 3170-0026.

    Type of Review: Extension without change of a currently approved information collection.

    Affected Public: Private sector (depository institutions, credit unions and non-depository financial institutions).

    Estimated Number of Respondents: 2,047.

    Estimated Total Annual Burden Hours: 516.

    Abstract: The Truth in Lending Act (TILA) to requires creditors originating mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage (higher-risk mortgage loans) to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of appraisals, and give applicants a copy of written appraisals used. These changes were enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), Public Law 111-203, 1471, 124 Stat. 1376, 2185 (2010). Section 1471 of the Dodd-Frank Act adds a new section to TILA, section 129H, addressing appraisal requirements for higher-risk mortgage loans.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on 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. All comments will become a matter of public record.

    Dated: November 1, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-26678 Filed 11-3-16; 8:45 am] BILLING CODE 4810-AM-P
    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY:

    Corporation for National and Community Service.

    ACTION:

    Notice.

    SUMMARY:

    The Corporation for National and Community Service (CNCS) has submitted a public information collection request (ICR) entitled AmeriCorps Affiliate Application Instructions for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Patti Stengel, at 202-606-6745 or email to [email protected] Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday through Friday.

    DATES:

    Comments may be submitted, identified by the title of the information collection activity, within December 5, 2016.

    ADDRESSES:

    Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in the Federal Register:

    (1) By fax to: 202-395-6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; or

    (2) By email to: [email protected]

    SUPPLEMENTARY INFORMATION:

    The OMB is particularly interested in comments which:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments

    A 60-day Notice requesting public comment was published in the Federal Register on July 19, 2016 at Vol. 81 No. 138 FR 46913. This comment period ended September 19, 2016. No responsive comments were received from this Notice.

    Description: This information collection consists of the questions applicants answer to request to be an AmeriCorps Affiliate sponsor organization.

    Type of Review: New.

    Agency: Corporation for National and Community Service.

    Title: AmeriCorps Affiliate Application Instructions.

    OMB Number: TBD.

    Agency Number: None.

    Affected Public: The public affected are applicant organizations for AmeriCorps Affiliate.

    Total Respondents: 20.

    Frequency: Approximately annually.

    Average Time per Response: 20 hours.

    Estimated Total Burden Hours: 400 hours.

    Total Burden Cost (capital/startup): None.

    Total Burden Cost (operating/maintenance): None.

    Dated: October 31, 2016. Kim Mansaray, Chief of Program Operations.
    [FR Doc. 2016-26633 Filed 11-3-16; 8:45 am] BILLING CODE 6050-28-P
    DEPARTMENT OF DEFENSE Department of the Army Change to the Freight Carrier Registration Program (FCRP) Open Season AGENCY:

    Department of the Army, DOD.

    ACTION:

    Notice.

    SUMMARY:

    The Military Surface Deployment and Distribution Command (SDDC) will officially have an Open Season, effective 09 Jan 17 thru 28 Feb 17 (Applications will not be accepted prior to 9 Jan 17). This will affect domestic motor Transportation Service Providers (TSPs) only. TSPs must be registered in the Federal Motor Carrier Safety Administration (FMSCA) and have valid Department of Transportation (DOT) authority for three (3) consecutive years (without a break) prior to the 09 Jan 17. New TSPs will indicate their small business status via the Freight Carrier Registration Program (FCRP) during registration. Registration for other modes will continue to be accepted (barge, ocean, pipeline, and international carriers).

    ADDRESSES:

    Submit comments to Military Surface Deployment and Distribution Command, ATTN: AMSSD-OPM, 1 Soldier Way, Scott AFB, IL 62225-5006. Request for additional information may be sent by email to: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    FCRP Team, (618) 220-6470.

    SUPPLEMENTARY INFORMATION:

    References: Military Freight Traffic Unified Rules Publication-1 (MFTURP-1).

    Miscellaneous: This announcement can be accessed via the SDDC Web site at: http://www.sddc.army.mil/.

    Daniel J. Bradley, Deputy Chief, Domestic Movement Support Division.
    [FR Doc. 2016-26672 Filed 11-3-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Office of the Secretary Government-Industry Advisory Panel; Notice of Federal Advisory Committee Meeting AGENCY:

    Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), Department of Defense (DoD).

    ACTION:

    Federal advisory committee meeting notice.

    SUMMARY:

    The Department of Defense is publishing this notice to announce the following Federal advisory committee meeting of the Government-Industry Advisory Panel. This meeting is open to the public.

    DATES:

    The meeting will be held from 9:00 a.m. to 5:00 p.m. on Thursday, November 10, 2016. Public registration will begin at 8:45 a.m. For entrance into the meeting, you must meet the necessary requirements for entrance into the Pentagon. For more detailed information, please see the following link: http://www.pfpa.mil/access.html.

    ADDRESSES:

    Pentagon Library, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. The meeting will be held in Room B10. The Pentagon Library is located in the Pentagon Library and Conference Center (PLC2) across the Corridor 8 bridge.

    FOR FURTHER INFORMATION CONTACT:

    LTC Andrew Lunoff, Office of the Assistant Secretary of Defense (Acquisition), 3090 Defense Pentagon, Washington, DC 20301-3090, email: [email protected], phone: 571-256-9004.

    SUPPLEMENTARY INFORMATION:

    Due to circumstances beyond the control of the Designated Federal Officer and the Department of Defense, the Government-Industry Advisory Panel is unable to provide public notification, as required by 41 CFR 102-3.150(a), for its meeting on Thursday, November 10, 2016. Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.

    Purpose of the Meeting: This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (FACA) (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150. The Government-Industry Advisory Panel will review sections 2320 and 2321 of title 10, United States Code (U.S.C.), regarding rights in technical data and the validation of proprietary data restrictions and the regulations implementing such sections, for the purpose of ensuring that such statutory and regulatory requirements are best structured to serve the interest of the taxpayers and the national defense. The scope of the panel is as follows: (1) Ensuring that the Department of Defense (DoD) does not pay more than once for the same work, (2) Ensuring that the DoD contractors are appropriately rewarded for their innovation and invention, (3) Providing for cost-effective reprocurement, sustainment, modification, and upgrades to the DoD systems, (4) Encouraging the private sector to invest in new products, technologies, and processes relevant to the missions of the DoD, and (5) Ensuring that the DoD has appropriate access to innovative products, technologies, and processes developed by the private sector for commercial use.

    Agenda: This will be the ninth meeting of the Government-Industry Advisory Panel with a series of meetings planned through December 14, 2016. The panel will cover details of 10 U.S.C. 2320 and 2321, begin understanding the implementing regulations, and detail the necessary groups within the private sector and government to provide supporting documentation for their review of these codes and regulations during follow-on meetings. Agenda items for this meeting will include the following: (1) Final discussions and deliberations on 10 U.S.C. 2320 and 2321 tension points; (2) Briefing from contractor logistics manager; (3) Report framework and collaboration; (4) Comment Adjudication & Planning for follow-on meeting.

    Availability of Materials for the Meeting: A copy of the agenda or any updates to the agenda for the November 10, 2016 meeting will be available as requested or at the following site: https://database.faca.gov/committee/meetings.aspx?cid=2561. It will also be distributed upon request.

    Minor changes to the agenda will be announced at the meeting. All materials will be posted to the FACA database after the meeting.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, this meeting is open to the public. Registration of members of the public who wish to attend the meeting will begin upon publication of this meeting notice and end three business days (November 7) prior to the start of the meeting. All members of the public must contact LTC Lunoff at the phone number or email listed in the FOR FURTHER INFORMATION CONTACT section to make arrangements for Pentagon escort, if necessary. Public attendees should arrive at the Pentagon's Visitor's Center, located near the Pentagon Metro Station's south exit and adjacent to the Pentagon Transit Center bus terminal with sufficient time to complete security screening no later than 8:30 a.m. on November 10. To complete security screening, please come prepared to present two forms of identification of which one must be a pictured identification card. Government and military DoD CAC holders are not required to have an escort, but are still required to pass through the Visitor's Center to gain access to the Building. Seating is limited and is on a first-to-arrive basis. Attendees will be asked to provide their name, title, affiliation, and contact information to include email address and daytime telephone number to the Designated Federal Officer (DFO) listed in the FOR FURTHER INFORMATION CONTACT section. Any interested person may attend the meeting, file written comments or statements with the committee, or make verbal comments from the floor during the public meeting, at the times, and in the manner, permitted by the committee.

    Special Accommodations: The meeting venue is fully handicap accessible, with wheelchair access.

    Individuals requiring special accommodations to access the public meeting or seeking additional information about public access procedures, should contact LTC Lunoff, the committee DFO, at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section, at least five (5) business days prior to the meeting so that appropriate arrangements can be made.

    Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the Government-Industry Advisory Panel about its mission and/or the topics to be addressed in this public meeting. Written comments or statements should be submitted to LTC Lunoff, the committee DFO, via electronic mail, the preferred mode of submission, at the email address listed in the FOR FURTHER INFORMATION CONTACT section in the following formats: Adobe Acrobat or Microsoft Word. The comment or statement must include the author's name, title, affiliation, address, and daytime telephone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the committee DFO at least five (5) business days prior to the meeting so that they may be made available to the Government-Industry Advisory Panel for its consideration prior to the meeting. Written comments or statements received after this date may not be provided to the panel until its next meeting. Please note that because the panel operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection.

    Verbal Comments: Members of the public will be permitted to make verbal comments during the meeting only at the time and in the manner allowed herein. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least three (3) business days in advance to the committee DFO, via electronic mail, the preferred mode of submission, at the email address listed in the FOR FURTHER INFORMATION CONTACT section. The committee DFO will log each request to make a comment, in the order received, and determine whether the subject matter of each comment is relevant to the panel's mission and/or the topics to be addressed in this public meeting. A 30-minute period near the end of the meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described in this paragraph, will be allotted no more than five (5) minutes during this period, and will be invited to speak in the order in which their requests were received by the DFO.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-26669 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2016-HA-0109] Proposed Collection; Comment Request AGENCY:

    Office of the Assistant Secretary of Defense for Health Affairs, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: 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; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by January 3, 2017.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Mr. Doug McBroom, Defense Health Agency, TRICARE Policy & Benefits Office, 7700 Arlington Blvd., Suite 5101, Falls Church, VA 22042-5101, telephone 303-676-3533.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Certification of Non-Contributory TRICARE Supplemental Insurance Plan; OMB Control Number 0720-0044.

    Needs and Uses: Section 707 of the John Warner National Defense Authorization Act for Fiscal Year 2007 added section 1097c to Title 10. Section 1097c prohibits employers from offering financial or other incentives to certain TRICARE-eligible employees to not enroll in an employer-offered group health plan. In other words, employers may no longer offer TRICARE supplemental insurance plans as part of an employee benefit package. Employers may, however, offer TRICARE supplemental insurance plans as part of an employee benefit package provided the plan is not paid for in whole or in part by the employer and is not endorsed by the employer. When such TRICARE supplemental plans are offered, the employer must properly document that they did not provide any payment for the benefit nor receive any direct or indirect consideration or compensation for offering the benefit; the employer's only involvement is providing the administrative support. That certification will be provided upon request to the Department of Defense.

    Affected Public: Business, or other for profit; Not-for-profit institutions.

    Annual Burden Hours: 20.

    Number of Respondents: 10.

    Responses per Respondent: 1.

    Annual Responses: 10.

    Average Burden per Response: 2 hours.

    Frequency: On Occasion.

    Respondents are limited to employers who make available non-contributory TRICARE supplemental insurance plan to their employees. One certification must be completed per employer and kept on file by the employer for as long as such plans are offered.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-26697 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-49] 36(b)(1) Arms Sales Notification AGENCY:

    Department of Defense, Defense Security Cooperation Agency.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Chang Suh, DSCA/SA&E/RAN, (703) 697-8975.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-49 with attached Policy Justification and Sensitivity of Technology.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN04NO16.319 BILLING CODE 5001-06-C Transmittal No. 16-49 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: The Government of Egypt

    (ii) Total Estimated Value:

    Major Defense Equipment * $56.4 million Other $25.0 million Total $81.4 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE): Sixty-seven (67) AN/AAR-57 Common Missile Warning Systems (CMWS)

    Non-MDE: This request also includes the following Non-MDE: OCONUS Installation/Integration, Installation Mounting Kits, Countermeasure Dispenser Test Set AN/ALM-294, Technical Assistance, U.S. Government Training and OCONUS Contractor Training, publications and technical documents, quality assurance and other related elements of logistics and program support.

    (iv) Military Department: Army (VGJ)

    (v) Prior Related Cases, if any: EG-B-VBT, A04 (02 JUL 15, TCV: $17.8M)

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Annex attached.

    (viii) Date Report Delivered to Congress: October 6, 2016

    * as defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Government of Egypt—Description of Sale: Common Missile Warning System (CMWS) for AH-64E Apache, UH-60 Blackhawks and CH-47 Chinook Helicopters

    The Government of Egypt has requested a possible sale of:

    Major Defense Equipment (MDE): Sixty-seven (67) AN/AAR-57 Common Missile Warning Systems (CMWS).

    This request also includes the following Non-MDE: OCONUS Installation/Integration, Installation Mounting Kits, Countermeasure Dispenser Test Set AN/ALM-294, Technical Assistance, U.S. Government Training and OCONUS Contractor Training, publications and technical documents, quality assurance and other related elements of logistics and program support. The estimated cost is $81.4 million.

    This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a strategic partner that has been and continues to be an important force for political stability and economic progress in the Middle East.

    The proposed sale of the CMWS will equip the Egyptian Air Force's fleet of multi mission helicopters with a detection system for infrared missile threats. Egypt will have no difficulty absorbing this equipment into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The prime contractors will be BAE Systems and DynCorp. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will require the assignment of two (2) U.S. Government and two (2) contractor representatives to Egypt to support delivery of such equipment, installation and integration, maintenance and to provide technical support and equipment familiarization. Additionally, this program will require multiple trips involving U.S. Government and contractor personnel to participate in technical reviews, training and installation.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 16-49 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. AN/AAR-57—Common Missile Warning System (CMWS)—The Common Missile Warning System (CMWS) provides superior detection of infrared missile threats for rotary-wing, transport, and tactical aircraft. It is the detection component of a suite of countermeasures to increase survivability of current generation combat, airlift, and special operations aircraft against the threat posed by infrared guided missiles. It also provides automatic, passive missile detection, threat declaration, crew warning, software reprograming, false alarm suppression and cues to other on-board systems, such as dispensers, which may be utilized for flare decoys. Each platform includes: Electro-optical Missile Sensors, and Electronic Control Unit (ECU), Sequencer, and the Improved Countermeasures Dispenser (ICMD). The ECU hardware is classified CONFIDENTIAL; releasable technical manuals for operation and maintenance are classified SECRET.

    2. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software equipment, the information could be used to develop countermeasures or equivalent systems which may reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.

    3. A determination has been made that Egypt can provide substantially the same degree of protection for this technology as the U.S. Government. This proposed sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    4. All defense articles and services listed in this transmittal have been authorized for release and export to Egypt.

    [FR Doc. 2016-26735 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-37] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Chang Suh, DSCA/SA&E/RAN, (703) 697-8975.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-37 with attached Policy Justification and Sensitivity of Technology.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN04NO16.318 BILLING CODE 5001-06-C Transmittal No. 16-37 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: The Government of Egypt

    (ii) Total Estimated Value:

    Major Defense Equipment * $40 million Other $30 million Total $70 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE): Eight (8) Sentinel AN/MPQ-64 F1 Radars

    Non-MDE: This request also includes the following Non-MDE: Software and training, as well as spares and support equipment, technical manuals, Single Channel Ground and Airborne Radio System (SINCGARS) VRC-92E Radios, 16 High Mobility Multipurpose Wheeled Vehicles (HMMWV) Ml 152 with Shelter Carrier Kit, U.S. Government and contractor support, training and other associated support, equipment and services.

    (iv) Military Department: U.S. Army (VGU)

    (v) Prior Related Cases, if any:

    EG-B-VDP (21 May 12, TCV: $31.8M) EG-B-UUJ (26 Nov 12, TCV: $43.7M)

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Annex attached.

    (viii) Date Report Delivered to Congress: September 16, 2016

    * as defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION The Government of Egypt—8 Sentinel AN/MPQ-64F1 Radars and Related Equipment and Support

    The Government of Egypt has requested a possible sale of eight (8) Sentinel AN/MPQ-64F1 Radars and software and training, as well as spares and support equipment, technical manuals, Single Channel Ground and Airborne Radio System (SINCGARS) VRC-92E Radios, 16 High Mobility Multipurpose Wheeled Vehicles (HMMWV) Ml 152 with Shelter Carrier Kit, U.S. Government and contractor support, training and other associated support, equipment and services. The total estimated value of MDE is $40 million. The total overall estimated cost is $70 million.

    This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a strategic partner that has been and continues to be an important force for political stability and economic progress in the Middle East.

    The Government of Egypt intends to expand its existing air defense architecture to counter threats posed by air attack. This will contribute to Egypt's military goal of updating its capabilities while further enhancing interoperability among Egypt, the United States, and other allies. Egypt will have no difficulty absorbing this equipment into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor involved in this program is Thales Raytheon Systems, Fullerton, California. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will require ten (10) U.S. Government or contractor representatives to travel to Egypt for a period of 8 weeks for equipment checkout and training.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 16-37 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The AN/MPQ-64 Sentinel Radar System is a fielded air defense radar system in the Army inventory. Sentinel is a derivative of the AN/TPQ-36 Firefinder System used for artillery detection and the AN/TPQ-36A Norwegian adapted Hawk system. The Sentinel radar (AN/MPQ-64) is the sensor for the Short Range Air Defense (SHORAD) weapon systems, including the Avenger and any ground launcher Stinger platforms. Sentinel is a mobile phased array radar that provides highly accurate 3 dimensional radar track data to using systems via the Forward Area Air Defense (FAAD) Command, Control, and Intelligence (C2I) node. Sentinel's detection range, mobility, and 360 degree azimuth coverage allow it to support SHORAD weapons located throughout the division area. Sentinel acquires, tracks, and reports cruise missiles, unmanned aerial vehicles, fixed and rotary wing aircraft in clutter and electronic counter measures environments. The Sentinel Export configuration (AN/MPQ-64Fl) is a derivative of the U.S. Army's Improved Sentinel Radar.

    2. The Sentinel consists of a radar-based sensor system with the Ml 152 HMMWV as the prime mover and the MEP-1041 Advanced Mobile Medium Power Source (AMMPS) Tactical Quiet Generator as the power source. The sensor is an advanced battlefield radar capable of X-Band air defense phased-array with an instrumented range of 75 kilometers with a rotating antenna providing 360 degree azimuth coverage for acquisition and tracking.

    3. Sentinel has only one item currently designated Critical Program Information (CPI) and that is the Sentinel software modules containing routines for electronic counter-counter measures (ECCM) that have been determined to be CPI.

    4. These items are classified IAW EO 12958 section 1.5, Classification categories as category 1.5(e) because they contain scientific, technological, or economic matters relative to the national security. Reports, test data, and all Sentinel related media that discloses operational parameters, performance, characteristics, ECCM techniques, vulnerabilities, limitations or performance weaknesses shall be classified at the highest level based on the information being conveyed as referenced in the Sentinel Security Classification Guide. Distribution of technical performance and system capabilities reports and data shall only be released up to the CONFIDENTIAL level. It is not possible to obtain the Sentinel wartime reserved frequencies by reverse engineering, testing, or analyzing the unclassified Sentinel end item.

    5. All defense articles and services listed in this transmittal are authorized for release and export to the Government of Egypt.

    [FR Doc. 2016-26689 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Department of Defense Wage Committee (“the Committee”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Committee's charter is being renewed in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a). The Committee's charter and contact information for the Committee's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/.The Committee provides the Secretary of Defense and the Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness, independent advice and recommendations on all matters relating to the conduct of wage surveys and the establishment of wage schedules for all appropriated fund and non-appropriated fund wage areas of blue-collar employees within the Department of Defense.

    The Committee is composed of seven members—a chair and six additional members. The remaining six positions consist of two labor organization representatives and four members who are regular government employees (RGE) and are divided into two broad categories—labor and management. Each category has two voting members; in the case of management category, the two voting members will change depending upon which two DoD Components, as determined by the Chair, have the largest number of wage employees in the wage areas under consideration. Those individuals representing the labor organizations are selected by the labor organizations to provide the committee with the points of view of nongovernment entities or a recognizable group of persons that have interests in the subject matter under consideration by the Committee. Whereas, those individuals, to include the Chair, who represent the DoD Components, and are RGE members are appointed by the Secretary of Defense to exercise their own individual best judgement on behalf of the government. Except for reimbursement of official Committee-related travel and per diem, Committee members serve without compensation.

    The public or interested organizations may submit written statements to the Committee membership about the Committee's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Committee. All written statements shall be submitted to the DFO for the Committee, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-26665 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-45] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Chang Suh, DSCA/SA&E/RAN, (703) 697-8975.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-45 with attached Policy Justification.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN04NO16.321 BILLING CODE 5001-06-C Transmittal No. 16-45 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) (U) Prospective Purchaser: United Arab Emirates (UAE)

    (ii) (U) Total Estimated Value:

    Major Defense Equipment * $ 0 million Other $75 million Total $75 million

    (iii) (U) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Non-MDE:

    The United Arab Emirates Air Force requests participation in military exercises, aerial refueling, airlift and ferry support, training aids/devices/munitions, technical and logistics support services, and other related elements of logistical and program support. There is no MDE associated with this potential sale. The total estimated cost is $75.0 million.

    (iv) (U) Military Department: Air Force (X7-D-NAF Amendment 4)

    (v) (U) Prior Related Cases, if any: AE-D-NAF-$49M-20 Mar 12

    (vi) (U) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) (U) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: None.

    (viii) (U) Date Report Delivered to Congress: October 21, 2016

    * as defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION (U) United Arab Emirates (UAE)—Exercise Participation Support

    (U) The Government of the UAE requested a possible sale to include participation in military exercises, aerial refueling, airlift and ferry support, training aids/devices/munitions, technical and logistics support services, and other related elements of logistical and program support. The estimated cost is $75 million.

    (U) This proposed sale contributes to the foreign policy and national security of the United States by helping to improve the security of a major regional ally which has been, and continues to be, an important force for political stability and economic progress in the Middle East.

    (U) This proposed sale contributes to the foreign policy and national security of the United States by helping to improve the ability of the UAE to employ its fighter aircraft in a multi-country coalition environment, such as Red Flag and Green Flag exercises. Participating in major exercises has enhanced the UAE's continued and consistent role in support of Coalition Operations. The UAE is a steadfast coalition partner in the fight against radical Islamic forces such as ISIL and Al Qaeda (AQAP) in the Arabian Peninsula.

    (U) The proposed sale of this equipment and support does not alter the basic military balance in the region.

    (U) Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to the UAE.

    (U) There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. All defense articles and services are approved for release by our foreign disclosure office.

    [FR Doc. 2016-26714 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-38] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Chang Suh, DSCA/SA&E/RAN, (703) 697-8975.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-38 with attached Policy Justification.

    Dated: November 1, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN04NO16.320 BILLING CODE 5001-06-C Transmittal No. 16-38 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Kuwait

    (ii) Total Estimated Value:

    Major Defense Equipment * $ 62 million Other $132 million Total $194 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE): Six (6) AN/MPQ-64 Sentinel F1 Radars

    Non-Major Defense Equipment (MDE): The Government of Kuwait requested a limited competition between three (3) U.S. vendors to procure a total of six (6) Short Range, Gap Filler Radars (e.g., AN/MPQ-64 Sentinel F1, AN/TPS-77, or AN/TPS-703) and one (1) Long Range Radar (e.g., AN/TPS-77 or AN/TPS-78). Only one of the radars under consideration, the AN/MPQ-64 is Major Defense Equipment (MDE). The remaining radars identified by Kuwait for consideration are non-MDE. Additionally, Kuwait is requesting one (1) Long Range Radar with Primary Surveillance Radar (PSR) and Secondary Surveillance Radar (SSR) capability on the Long Range Radar, upgrades to existing AN/FPS 117 (V) 3 Long Range Radars, upgrades to airfield radome and communications systems, upgrade secure Identification Friend or Foe (IFF) systems, site surveys, installation and checkout, site acceptance testing, interim contractor support, construction, contractor logistics support (CLS), spares, support equipment and training. Cost for additional non-MDE is $132 million. The total overall estimated cost is $194 million.

    (iv) Military Department: Air Force (X7-D-DAB)

    (v) Prior Related Cases, if any: None

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Annex attached.

    (viii) Date Report Delivered to Congress: October 13, 2016

    * as defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION The Government of Kuwait-Radar Field System

    The Government of Kuwait has requested a possible total sale of six (6) Short Range Radars, otherwise known as Gap Filler Radars, one (1) Long Range Radar with Primary Surveillance Radar (PSR) and Secondary Surveillance Radar (SSR) arrays, upgrades to existing AN/FPS 117 (V) 3 Long Range Radar, upgrades to airfield radome and communications systems, upgrade to secure Identification Friend or Foe (IFF) systems, site surveys, installation and checkout, site acceptance testing, interim contractor support, construction, contractor logistics support, spares, support equipment, and training. The total estimated value of this sale is $194 million.

    The Government of Kuwait requested a limited competition between three (3) U.S. vendors to procure a total of six (6) Short Range, Gap Filler Radars (e.g., AN/MPQ-64 Sentinel F1, AN/TPS-77, or AN/TPS-703) and one (1) Long Range Radar (e.g., AN/TPS-77 or AN/TPS-78). Only one of the radars under consideration, the AN/MPQ-64 is Major Defense Equipment (MDE). The remaining radars identified by Kuwait for consideration are non-MDE.

    This proposed sale supports U.S. Government national security goals by aiding a Major non-NATO Ally in the reduction of transnational threats, weapons proliferation, and the movement and support of international terrorists.

    The Government of Kuwait desires the radar field system in order to improve early warning, enhance internal and external security, and protect national sovereignty. The system provides situational awareness for Kuwaiti security forces to detect and interdict fixed and rotary wing aircraft. This procurement provides coverage for Kuwait's northern and eastern boarders.

    The prime contractor will be determined by competition between Lockheed Martin, Bethesda Maryland, Northrop Grumman, Falls Church, Virginia, and the Raytheon Company, Waltham, Massachusetts. There are no known offset agreements proposed in connection with this potential sale.

    This procurement includes a small number of U.S. contractor system and maintenance advisors under a long-term operations and maintenance support package. The exact number of personnel and period of performance is yet to be finalized. This purchase will not substantially alter the U.S. Government presence in Kuwait.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 16-38 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(l) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. The AN/MPQ-64 Sentinel Radar System is a fielded air defense radar system in the Army inventory. Sentinel is a derivative of the AN/TPQ-36 Firefinder System used for artillery detection and the AN/TPQ-36A Norwegian adapted Hawk system. Sentinel is a mobile, phased-array radar that provides highly accurate 3 dimensional radar track data to using systems via the Forward Area Air Defense (FAAD) Command, Control, and Intelligence (C2I) node. Sentinel acquires, tracks, and reports cruise missiles, unmanned aerial vehicles, fixed and rotary wing aircraft in clutter and electronic counter measures environments. The Sentinel Export configuration (AN/MPQ-64Fl) is a derivative of the U.S. Army's Improved Sentinel Radar.

    2. The Sentinel consists of a radar-based sensor system with the M1152 HighMobility Multipurpose Wheeled Vehicle (HMMWV) as the prime mover and the MEP-1041 Advanced Mobile Medium Power Source (AMMPS) Tactical Quiet Generator as the power source. The sensor is an advanced battlefield radar capable of X Band air defense phased-array with an instrumented range of 75 kilometers with a rotating antenna providing 360 degree azimuth coverage for acquisition and tracking.

    3. Sentinel has only one item currently designated Critical Program Information (CPI) and that is the Sentinel software modules containing routines for electronic counter-counter measures (ECCM) that have been determined to be a CPI.

    4. These items are classified IAW EO 12958 section 1.5, Classification categories as category 1.5(e) because they contain scientific, technological, or economic matters relative to the national security. Reports, test data, and all Sentinel related media that discloses operational parameters, performance, characteristics, ECCM techniques, vulnerabilities, limitations or performance weaknesses shall be classified at the highest level based on the information being conveyed as referenced in the Sentinel Security Classification Guide. Distribution of technical performance and system capabilities reports and data shall only be released up to the CONFIDENTIAL level. It is not possible to obtain the Sentinel wartime reserved frequencies by reverse engineering, testing, or analyzing the unclassified Sentinel end item.

    5. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification. Moreover, the benefits to be derived from this sale, as outlined in the Policy Justification, outweigh the potential damage that could result if the sensitive technology were revealed to unauthorized persons.

    6. All defense articles and services listed in this transmittal are authorized for release and export to the Government of Kuwait.

    [FR Doc. 2016-26711 Filed 11-3-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare a Draft Environmental Impact Statement, and Intent To Conduct Public Scoping Meetings for the Upper Susquehanna River Basin Comprehensive Flood Damage Reduction Study, New York AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DOD.

    ACTION:

    Notice of intent.

    SUMMARY:

    In accordance with the National Environmental Policy Act (NEPA), the Baltimore District, U.S. Army Corps of Engineers (USACE), will prepare a Feasibility Report and EIS comprehensively evaluating flood-risk management (FRM) needs and opportunities in the upper Susquehanna River Basin in New York.

    DATES:

    The public scoping meeting dates are:

    1. November 21, 2016, at 1:30 p.m. and 6:30 p.m. in the Hubbard Auditorium of the Tioga County Office Building.

    2. November 22, 2016 at 1:30 p.m. and 6:30 p.m. at the Town of Chenango Community Meeting Room.

    3. November 30, 2016, at 6:30 p.m. in the Village of Sidney.

    ADDRESSES:

    Two scoping meetings will be held in the Village of Owego on Monday, November 21, 2016, at 1:30 p.m. and 6:30 p.m. in the Hubbard Auditorium of the Tioga County Office Building, 56 Main Street. Two scoping meetings will be held in the Town of Chenango on Tuesday, November 22, 2016 at 1:30 p.m. and 6:30 p.m. at the Town of Chenango Community Meeting Room at 1529 Upper Front Street (NY Route 12). One meeting will be held on November 30, 2016, at 6:30 p.m. in the Village of Sidney in the Memorial Public Library located at 8 River Street.

    FOR FURTHER INFORMATION CONTACT:

    Questions about the proposed scoping meetings, requests to be placed on the project information distribution list, information requests or written comments on the scope of the EIS and the comprehensive FRM study can be addressed to Mr. David W. Robbins, U.S. Army Corps of Engineers, ATTN: CENAB-PL-P, 10 S. Howard Street, Baltimore, MD 21201, telephone 410-962-0685; email address: [email protected] Please contact me if you wish to speak at the meetings or should you have special needs (sign language interpreters, access needs) at the above address. Information about the study, including public scoping meetings, is available at the study Web site http://www.nab.usace.army.mil/USRB_Feasibility_Study/.

    SUPPLEMENTARY INFORMATION:

    This Notice initiates formal scoping for the Environmental Impact Statement (EIS), provides information on the nature of the proposed Project, invites participation in the EIS process, and identifies potential environmental effects to be considered. It also invites comments from interested members of the public, tribes, and agencies on the scope of the EIS and announces upcoming public scoping meetings. Comments should address (1) feasible alternatives that may better achieve the Project's need and purposes with fewer adverse impacts and (2) any significant environmental impacts relating to the alternatives.

    Scoping meeting information will be posted online by Baltimore District via Web site postings and social media. Meeting information will be provided electronically via the study's Web page and in printed form to local libraries, government offices, as well as mailed to interested public.

    For all meetings, staff will be available to answer questions. All interested parties are invited to speak at the public meetings. The public scoping peiod will begin on the date of publication of this Notice and will continue through 30 days following the last public scoping meeting.

    The study was authorized by a Resolution of the House Committee on Transportation and Infrastructure, on 24 September, 2008. The upper Susquehanna Basin includes the portions of Tioga, Broome, Chenango, Cortland, Otsego, Delaware, Schoharie, Herkimer, Oneida, Madison, Onondaga, Tompkins, Schuyler, and Chemung Counties in the Susquehanna River Watershed of New York upstream of the Chemung River confluence near Waverly. The upper Susquehanna River Basin repeatedly experiences flooding damages, with recent notable events occurring in 2006 and 2011. USACE is undertaking the FRM study in partnership with the New York State Department of Environmental Conservation (NYSDEC).

    USACE and NYSDEC are seeking public input to identify areas with flooding concerns which may be of interest to address in the context of the study, and learn of area-specific considerations important in formulating any FRM plans. Study efforts will be coordinated with the Federal Emergency Management Area (FEMA), the U.S. Geological Survey (USGS), as well as other Federal and state agencies and local governments.

    An initial conceptual effort will be completed using existing information to identify areas of the basin that currently do not have FRM infrastructure in place and screen these areas for FRM needs and opportunities. The study will evaluate the level of FRM currently provided by existing FRM infrastructure under current conditions and projected future conditions. Within the study area, there are 20 existing USACE FRM projects, as well as other non-Federal FRM projects. The study will investigate FRM strategies to reduce flood risk, as well as reduce residual risk in areas with existing FRM infrastructure. Structural and non-structural FRM will be considered. Hydrologic and hydraulic modeling will be developed for the majority of the Susquehanna River main stem and major tributaries in the basin to aid plan formulation.

    The study will be conducted in compliance with applicable federal laws including the Clean Water Act, the Endangered Species Act, the Clean Air Act, the U.S. Fish and Wildlife Coordination Act, the National Historic Preservation Act, and the Farmland Protection Policy Act. All appropriate compliance documentation will be obtained and included as part of the EIS. It is currently anticipated that the study will take three years and may lead to the implementation of one or more FRM projects. The EIS is expected to be publicly released in Spring 2018.

    David W. Robbins, Acting Chief, Civil Project Development Branch, Planning Division.
    [FR Doc. 2016-26699 Filed 11-3-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Record of Decision for the Northwest Training and Testing Final Environmental Impact Statement/Overseas Environmental Impact Statement AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy (DoN), after carefully weighing the strategic, operational, and environmental consequences of the proposed action, announces its decision to continue and enhance training activities as identified in Alternative 1 in the Northwest Training and Testing Final Environmental Impact Statement/Overseas Environmental Impact Statement. This alternative includes adjustments to existing training and testing activities, new training and testing activities to support future requirements, and activities not previously analyzed, such as pierside sonar maintenance and testing. Implementation of Alternative 1 will enable the DoN to achieve the levels of operational readiness required under Section 5062 Title 10 U.S.C. without resulting in significant environmental impacts.

    SUPPLEMENTARY INFORMATION:

    The complete text of the Record of Decision is available at http://nwtteis.com. Single copies of the Record of Decision are available upon request by contacting: NWTT EIS/OEIS Project Manager, Naval Facilities Engineering Command Northwest, 1101 Tautog Circle, Suite 203, Silverdale, Washington, 98315-1101.

    Dated: October 31, 2016. C. Mora, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2016-26685 Filed 11-3-16; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF ENERGY President's Council of Advisors on Science and Technology AGENCY:

    Office of Science, Department of Energy.

    ACTION:

    Notice of partially-closed meeting.

    SUMMARY:

    This notice sets forth the schedule and summary agenda for a partially-closed meeting of the President's Council of Advisors on Science and Technology (PCAST), and describes the functions of the Council. The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    November 18, 2016 9:00 a.m. to 12:00 p.m.

    ADDRESSES:

    The meeting will be held at the National Academy of Sciences, 2101 Constitution Avenue NW., Washington, DC in the Lecture Room.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding the meeting agenda, time, location, and how to register for the meeting is available on the PCAST Web site at: http://whitehouse.gov/ostp/pcast. A live video webcast and an archive of the webcast after the event are expected to be available at http://whitehouse.gov/ostp/pcast. The archived video will be available within one week of the meeting. Questions about the meeting should be directed to Ms. Jennifer Michael at [email protected], (202) 456-4444. Please note that public seating for this meeting is limited and is available on a first-come, first-served basis.

    SUPPLEMENTARY INFORMATION:

    The President's Council of Advisors on Science and Technology (PCAST) is an advisory group of the nation's leading scientists and engineers, appointed by the President to augment the science and technology advice available to him from inside the White House, cabinet departments, and other Federal agencies. See the Executive Order at http://www.whitehouse.gov/ostp/pcast. PCAST is consulted about and provides analyses and recommendations concerning a wide range of issues where understandings from the domains of science, technology, and innovation may bear on the policy choices before the President. PCAST is co-chaired by Dr. John P. Holdren, Assistant to the President for Science and Technology, and Director, Office of Science and Technology Policy, Executive Office of the President, The White House; and Dr. Eric S. Lander, President, Broad Institute of the Massachusetts Institute of Technology and Harvard.

    Type of Meeting: Open and Closed.

    Proposed Schedule and Agenda: The President's Council of Advisors on Science and Technology (PCAST) is scheduled to meet in open session on November 18, 2016 from 9:00 a.m. to 12:00 p.m.

    Open Portion of Meeting: During this open meeting, PCAST is scheduled to discuss its studies on drinking water science and technology and semiconductors. They will also hear from speakers who will remark on the National Nanotechnology Initiative and other science and technology topics. Additional information and the agenda, including any changes that arise, will be posted at the PCAST Web site at: http://whitehouse.gov/ostp/pcast.

    Closed Portion of the Meeting: PCAST may hold a closed meeting of approximately one hour with the President on November 18, 2016, which must take place in the White House for the President's scheduling convenience and to maintain Secret Service protection. This meeting will be closed to the public because such portion of the meeting is likely to disclose matters that are to be kept secret in the interest of national defense or foreign policy under 5 U.S.C. 552b(c)(1).

    Public Comments: It is the policy of the PCAST to accept written public comments of any length, and to accommodate oral public comments whenever possible. The PCAST expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements.

    The public comment period for this meeting will take place on November 18, 2016 at a time specified in the meeting agenda posted on the PCAST Web site at http://whitehouse.gov/ostp/pcast. This public comment period is designed only for substantive commentary on PCAST's work, not for business marketing purposes.

    Oral Comments: To be considered for the public speaker list at the meeting, interested parties should register to speak at http://whitehouse.gov/ostp/pcast, no later than 9:00 a.m. Eastern Time on November 14, 2016. Phone or email reservations will not be accepted. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of up to 15 minutes. If more speakers register than there is space available on the agenda, PCAST will randomly select speakers from among those who applied. Those not selected to present oral comments may always file written comments with the committee. Speakers are requested to bring at least 25 copies of their oral comments for distribution to the PCAST members.

    Written Comments: Although written comments are accepted continuously, written comments should be submitted to PCAST no later than 12:00 p.m. Eastern Time on November 14, 2016 so that the comments may be made available to the PCAST members prior to this meeting for their consideration. Information regarding how to submit comments and documents to PCAST is available at http://whitehouse.gov/ostp/pcast in the section entitled “Connect with PCAST.”

    Please note that because PCAST operates under the provisions of FACA, all public comments and/or presentations will be treated as public documents and will be made available for public inspection, including being posted on the PCAST Web site.

    Meeting Accommodations: Individuals requiring special accommodation to access this public meeting should contact Ms. Jennifer Michael at least ten business days prior to the meeting so that appropriate arrangements can be made.

    Issued in Washington, DC, on November 1, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-26698 Filed 11-3-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-204-000] Quantum Power Corp; 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 Quantum Power Corp'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 November 21, 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: October 31, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-26708 Filed 11-3-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL17-10-000] Midcontinent Independent System Operator, Inc.; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On October 31, 2016, the Commission issued an order in Docket No. EL17-10-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into the justness and reasonableness of Midcontinent Independent System Operator, Inc.'s depreciation rates. Midcontinent Indep. Sys. Operator, Inc., 157 FERC ¶ 61,068 (2016).

    The refund effective date in Docket No. EL17-10-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL17-10-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2016), within 21 days of the date of issuance of the order.

    Dated: October 31, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-26709 Filed 11-3-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-227-000] Innovative Solar 47, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Innovative Solar 47, 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 November 21, 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: October 31, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-26710 Filed 11-3-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2984-028.

    Applicants: Merrill Lynch Commodities, Inc.

    Description: Notice of Non-Material Change in Status of Merrill Lynch Commodities, Inc.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5251.

    Comments Due: 5 p.m. ET 11/18/16.

    Docket Numbers: ER12-229-001.

    Applicants: ISO New England Inc.

    Description: Informational Compliance Filing regarding ISO's re-examination of the currently effective Base Capacity Cost Rate of ISO New England Inc. Supplement also filed.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5259; 20161028-5270.

    Comments Due: 5 p.m. ET 11/18/16.

    Docket Numbers: ER15-1499-004.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: City of Independence 2017 Stated Rate Compliance Filing to be effective 1/1/2017.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5084.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER16-1993-001.

    Applicants: CleanChoice Energy, Inc.

    Description: Notice of Change in Status of CleanChoice Energy, Inc.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5250.

    Comments Due: 5 p.m. ET 11/18/16.

    Docket Numbers: ER17-210-001.

    Applicants: Sabine Cogen, LP.

    Description: Tariff Amendment: Amendment to Reactive Revenue Rate Schedule to be effective 11/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5137.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-210-002.

    Applicants: Sabine Cogen, LP.

    Description: Tariff Amendment: Further Amendment to Reactive Rate Tariff to be effective 12/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5148.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-225-000.

    Applicants: San Diego Gas & Electric Company.

    Description: Compliance filing: SDGEs Order Nos. 827 and 828 Compliance Filing to be effective 10/17/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5216.

    Comments Due: 5 p.m. ET 11/18/16.

    Docket Numbers: ER17-226-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 3125R3 Basin Electric Power Cooperative NITSA and NOA to be effective 10/1/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5217.

    Comments Due: 5 p.m. ET 11/18/16.

    Docket Numbers: ER17-227-000.

    Applicants: Innovative Solar 47, LLC.

    Description: Baseline eTariff Filing: Innovative Solar 47, LLC MBR Tariff to be effective 11/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5069.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-228-000.

    Applicants: King Forest Industries, Inc.

    Description: Baseline eTariff Filing: King Forest MBR Application to be effective 12/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5078.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-229-000.

    Applicants: New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: Nov 2016 Membership Filing to be effective 10/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5139.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-230-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-10-31_SA 2963 MidAmerican-MidAmerican GIA (J498) to be effective 11/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5141.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-231-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: NCMPA1 RS No. 318 Amendment (2017) to be effective 12/31/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5143.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-232-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: 2017 RSBAA Update Filing to be effective 1/1/2017.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5144.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-233-000.

    Applicants: Pennsylvania Electric Company.

    Description: Notice of Cancellation of Pennsylvania Electric Company Rate Schedule F.P.C. No. 56.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5149.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-234-000.

    Applicants: Kentucky Utilities Company.

    Description: § 205(d) Rate Filing: Recovery of Asset Retirement Obligation to be effective 7/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5150.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-235-000.

    Applicants: NSTAR Electric Company.

    Description: Initial rate filing: NSTAR-National Grid Facilities Support Agreement—Edgar Station to be effective 11/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5178.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-47-001.

    Applicants: DifWind Farms LTD VI.

    Description: Tariff Amendment: Supplement to MBR Application to be effective 12/7/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5136.

    Comments Due: 5 p.m. ET 11/21/16.

    Docket Numbers: ER17-48-001.

    Applicants: Terra-Gen Mojave Windfarms, LLC.

    Description: Tariff Amendment: Supplement to MBR Application to be effective 12/7/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5133.

    Comments Due: 5 p.m. ET 11/21/16.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES17-7-000.

    Applicants: Mid-Atlantic Interstate Transmission, LL.

    Description: Application of Mid-Atlantic Interstate Transmission, LLC for Authorization Under Section 204 of the Federal Power Act.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5220.

    Comments Due: 5 p.m. ET 11/18/16.

    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: October 31, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-26706 Filed 11-3-16; 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: RP17-77-000.

    Applicants: OkTex Pipeline Company, L.L.C.

    Description: Compliance filing 2015-2016—Gas Sales and Purchases Report.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5073.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-78-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2016-10-27 BP for 10-30-16 to be effective 10/30/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5079.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-79-000.

    Applicants: Elba Express Company, L.L.C.

    Description: § 4(d) Rate Filing: 2016 Expansion Negotiated Rate Filing to be effective 12/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5080.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-80-000.

    Applicants: Pine Needle LNG Company, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Authority to be effective 11/27/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5087.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-81-000.

    Applicants: Wyoming Interstate Company, L.L.C.

    Description: § 4(d) Rate Filing: L&U and Fuel Filing to be effective 12/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5103.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-82-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: 2016 GSS LSS Tracker (EP & TCRA) to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5128.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-83-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Negotiated Rates—Cherokee AGL—Replacement Shippers—Nov 2016 to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5140.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-84-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Occidental Energy Negotiated Rate to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5162.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-85-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 10/27/16 Negotiated Rates—Trafigura Trading LLC (HUB) 7445-89 to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5171.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-86-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Salem Lateral Non-Conforming Agreements Filing to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5174.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-87-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Compliance filing Salem Lateral—Negotiated Rates Filing to be effective 11/1/2016.

    Filed Date: 10/27/16.

    Accession Number: 20161027-5179.

    Comments Due: 5 p.m. ET 11/8/16.

    Docket Numbers: RP17-88-000.

    Applicants: Trunkline Gas Company, LLC.

    Description: Compliance filing Annual Interruptible Storage Revenue Credit filed 10-28-16.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5006.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-89-000.

    Applicants: Destin Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Fuel Retention Adjustment Oct 2016 to be effective 12/1/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5018.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-90-000.

    Applicants: Dominion Transmission, Inc.

    Description: § 4(d) Rate Filing: DTI—October 28, 2016 Negotiated Rate Agreements to be effective 11/1/2016

    Filed Date: 10/28/16.

    Accession Number: 20161028-5032.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-91-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: Compliance filing Penalty Revenue Sharing Report—2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5038.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-92-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 10/28/16 Negotiated Rates—Statoil Natural Gas LLC (RTS)—7120-03 to be effective 11/1/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5069.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-93-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: PCB TETLP DEC 2016 FILING to be effective 12/1/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5111.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-94-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2016-10-28 4 K's to be effective 11/1/2016.

    Filed Date: 10/28/16.

    Accession Number: 20161028-5128.

    Comments Due: 5 p.m. ET 11/9/16.

    Docket Numbers: RP17-95-000.

    Applicants: Vector Pipeline L.P.

    Description: § 4(d) Rate Filing: Tariff Revisions Filing (10-31-2016) to be effective 12/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5024.

    Comments Due: 5 p.m. ET 11/14/16.

    Docket Numbers: RP17-96-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rates ConocoPhillips contract 911388 to be effective 11/1/2016.

    Filed Date: 10/31/16.

    Accession Number: 20161031-5030.

    Comments Due: 5 p.m. ET 11/14/16.

    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: October 31, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-26707 Filed 11-3-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9954-72-OAR] Clean Air Act Advisory Committee (CAAAC): Notice of Meeting AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) announces an upcoming meeting for the Clean Air Act Advisory Committee (CAAAC). The EPA established the CAAAC on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific and enforcement policy issues.

    DATES:

    The CAAAC will hold its next face-to-face meetings on December 1, 2016 from 08:30 a.m. to 04:30 p.m.

    ADDRESSES:

    The meeting will take place at the DuPont Circle Hotel, 1500 New Hampshire Avenue NW., Washington, DC 20036.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public who wants further information concerning the CAAAC's public teleconference may contact Tamara Saltman of the Office of Air and Radiation, U.S. EPA at [email protected]. Additional information about this meeting, the CAAAC, and its subcommittees and workgroups can be found on the CAAAC Web site: http://www.epa.gov/oar/caaac/.

    SUPPLEMENTARY INFORMATION:

    Inspection of Committee Documents: The committee agenda and any documents prepared for the meeting will be publicly available on the CAAAC Web site at http://www.epa.gov/oar/caaac/ prior to the meeting. Thereafter, these documents, together with CAAAC meeting minutes, will be available on the CAAAC Web site or by contacting the Office of Air and Radiation Docket and requesting information under docket EPA-HQ-OAR-2004-0075. The docket office can be reached by email at: [email protected] or FAX: 202-566-9744.

    For information on access or services for individuals with disabilities, please contact Lorraine Reddick at [email protected], preferably at least 10 days prior to the meeting to give EPA as much time as possible to process your request.

    Authority:

    5 U.S.C. App. 2 Section 10(a)(2).

    Dated: October 24, 2016. Tamara Saltman, Interim Designated Federal Officer, Clean Air Act Advisory Committee, Office of Air and Radiation.
    [FR Doc. 2016-26738 Filed 11-3-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9029-9] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements (EISs) Filed 10/24/2016 Through 10/28/2016 Pursuant to 40 CFR 1506.9 Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

    EIS No. 20160255, Draft, NPS, ND, Knife River Indian Villages National Historic Site Archeological Resources Management Plan, Comment Period Ends: 01/03/2017, Contact: James Lange 402-661-1900 EIS No. 20160256, Draft Supplement, USACE, MO, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Comment Period Ends: 12/19/2016, Contact: Kip Runyon 314-331-8396 EIS No. 20160257, Final, Caltrans, CA, State Route 79 Realignment Project: Domenigoni Parkway to Gilman Springs Road, Review Period Ends: 12/05/2016, Contact: Aaron P. Burton 909-383-2841 EIS No. 20160258, Final, NRC, FL, Combine Licenses (COLs) for Turkey Point Nuclear Plant Units 6 and 7, Review Period Ends: 12/05/2016, Contact: Alicia Williamson Dickerson 301-415-1878 EIS No. 20160259, Draft, USFS, CO, Upper Monument Creek Landscape Restoration, Comment Period Ends: 12/19/2016, Contact: Carin Vadala 719-636-1602 EIS No. 20160260, Draft, USACE, ND, Mouse River Enhanced Flood Protection Project, Comment Period Ends: 12/22/2016, Contact: Derek Ingvalson 651-290-5252 Dated: November 1, 2016. Karin Leff, Acting Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2016-26734 Filed 11-3-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0178 and 3060-0706] Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before January 3, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0178.

    Title: Section 73.1560, Operating Power and Mode Tolerances.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 80 respondents; 80 responses.

    Estimated Time per Response: 1 hour.

    Frequency of Response: On occasion reporting requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Section 154(i) of the Communications Act of 1934, as amended.

    Total Annual Burden: 80 hours.

    Total Annual Cost: None.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: 47 CFR part 73.1560(d) requires that licensees of AM, FM or TV stations file a notification with the FCC when operation at reduced power will exceed ten consecutive days and upon restoration of normal operations. If causes beyond the control of the licensee prevent restoration of authorized power within a 30-day period, an informal written request must be made for any additional time as may be necessary to restore normal operations.

    OMB Control Number: 3060-0706.

    Title: Sections 76.952 and 76.990, Cable Act Reform.

    Type of Review: Extension a currently approved collection.

    Respondents: Business or other for-profit entities; State, Local or Tribal Government.

    Number of Respondents and Responses: 70 respondents; 70 responses.

    Estimated Time per Response: 1-8 hours.

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

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in the Telecommunications Act of 1996, Public Law 104-104, Sections 301 and 302, 110 Stat. 56, 114-124.

    Total Annual Burden: 210 hours.

    Total Annual Cost: None.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: 47 CFR 76.952 states that all cable operators must provide to the subscribers on monthly bills the name, mailing address and phone number of the franchising authority, unless the franchising authority in writing requests that the cable operator omits such information. The cable operator must also provide subscribers with the FCC community unit identifier for the cable system in their communities.

    47 CFR 76.990(b)(1) requires that a small cable operator may certify in writing to its franchise authority at any time that it meets all criteria necessary to qualify as a small operator. Upon request of the local franchising authority, the operator shall identify in writing all of its affiliates that provide cable service, the total subscriber base of itself and each affiliate, and the aggregate gross revenues of its cable and non-cable affiliates. Within 90 days of receiving the original certification, the local franchising authority shall determine whether the operator qualifies for deregulation and shall notify the operator in writing of its decision, although this 90-day period shall be tolled for so long as it takes the operator to respond to a proper request for information by the local franchising authority. An operator may appeal to the Commission a local franchise authority's information request if the operator seeks to challenge the information request as unduly or unreasonably burdensome. If the local franchising authority finds that the operator does not qualify for deregulation, its notice shall state the grounds for that decision. The operator may appeal the local franchising authority's decision to the Commission within 30 days. Federal Communications Commission. Marlene H. Dortch, Secretary. Office of the Secretary.
    [FR Doc. 2016-26639 Filed 11-3-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 2, 2016.

    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Central Kansas Bancshares, Inc., Woodbine, Kansas; to become a bank holding company by acquiring 100 percent of the voting shares of The Citizens State Bank and Trust Company, Woodbine, Kansas, and Roxbury Bank, Roxbury Kansas.

    Board of Governors of the Federal Reserve System, November 1, 2016. Michele Taylor Fennell, Assistant Secretary of the Board.
    [FR Doc. 2016-26701 Filed 11-3-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 21, 2016.

    A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528. Comments can also be sent electronically to or [email protected]:

    1. Kenneth R. Lehman, Arlington, Virginia; to acquire voting shares of Virginia Partners Bank, Fredericksburg, Virginia.

    Board of Governors of the Federal Reserve System, November 1, 2016. Michele Taylor Fennell, Assistant Secretary of the Board.
    [FR Doc. 2016-26702 Filed 11-3-16; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-16-16JD] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Cohort Study of HIV, STIs and Preventive Interventions among Young MSM in Thailand—New—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    CDC requests OMB approval for a new three-year information collection.

    In Thailand, there is a very high HIV incidence in men who have sex with men (MSM) and transgender women (TGW). It is estimated that over 50% of all new HIV infections are occurring in MSM and TGW. At Silom Community Clinic @Tropical Medicine (SCC @TropMed), there is a reported average HIV prevalence of 28% and HIV incidence of 8 per 100 person-years in young men (YMSM).

    Areas with gaps of understanding regarding the HIV epidemic in Thailand, as well as globally, are the epidemiology, risk factors, and HIV beliefs and knowledge of gay identified and transgender youth. In 2013, the Joint United Nations Programme on HIV and AIDS reported that 95% of new HIV infections were in low- and middle-income countries, where more than one third of new infections were among young people (<18 years) who were unaware of their HIV status. Adolescents living with HIV are more likely to die from AIDS, and there is little tracking of the HIV epidemic and outcomes in adolescents.

    We propose a study of males aged 15-29 years at risk for HIV. This study includes a longitudinal assessment (cohort) to assess HIV and sexually transmitted infection incidence and prevalence. This study will also generate critical data on HIV and STD incidence and prevalence in young men and adolescent males.

    This is the first study of its kind in Bangkok to collect data on HIV and STI incidence, access to HIV prevention, and attitudes about HIV prevention in adolescents ages 15-17 years. In addition to the cohort activities in which young persons are followed over three years, this study will collect needed qualitative data in the form of focus group discussions (FGD), and key informant interviews (KII) from teens and those that serve these teens in the community on HIV prevention, access to testing, pre-exposure prophylaxis or PrEP and other issues relevant to HIV prevention. The qualitative component will assess adolescent and key leaders' HIV prevention knowledge and practices. This study is a five-year study in total, with active follow-up over three years, and a two-year enrollment period.

    A study of young men at risk in Thailand is urgently needed to provide necessary data to assess and implement prevention strategies and inform policies for HIV prevention in Thailand, as well as globally. There is no cost to participants other than their time.

    The total estimated annualized burden hours are 814.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number
  • responses/
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Community members FGD Consent Assent 10 1 30/60 FGD 10 1 2 KII Consent Assent 4 1 30/60 KII 4 1 2 Screening checklist 300 1 15/60 Potential Participant Screening consent Assent 300 1 30/60 Potential Participant Screening CASI 300 1 15/60 HIV-positive at screening HIV CASI 60 1 2/60 Participants Enrollment Consent Assent 167 1 30/60 Participants Follow-up CASI 167 4 15/60 Participants YMSM Clinical Form 167 4 20/60 HIV-positive Participants HIV CASI Cohort 46 4 1/60
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-26667 Filed 11-3-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-3070G-I, CMS-R-38 and CMS-10636] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by January 3, 2017.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ___, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION:

    Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-3070G-I ICF/IID Survey Report Form and Supporting Regulations. CMS-R-38 Conditions for Certification for Rural Health Clinics. CMS-10636 Three-Year Network Adequacy Review for Medicare Advantage Organizations.

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    Information Collection

    1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: ICF/IID Survey Report Form and Supporting Regulations; Use: The information collected with forms 3070G-I is used to determine the level of compliance with Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) CoPs necessary to participate in the Medicare/Medicaid program. Information needed to monitor the State's performance as well as the ICF/IID program in general, is available to CMS only through the use of information abstracted from the survey report form. The form serves as a coding worksheet designed to facilitate data entry and retrieval into the Automated Survey Processing Environment Suite (ASPEN) in the State and at the CMS regional offices. Form Number: CMS-3070G-I (OMB Control Number: 0938-0062); Frequency: Reporting—Yearly; Affected Public: Private Sector: Business or other for-profits and Not-for-profit institutions; Number of Respondents: 6,310; Total Annual Responses: 6,310; Total Annual Hours: 18,930. (For policy questions regarding this collection contact Melissa Rice at 410-786-3270.)

    2. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Conditions for Certification for Rural Health Clinics; Use: The Rural Health Clinic (RHC) conditions of certification are based on criteria prescribed in law and are designed to ensure that each facility has a properly trained staff to provide appropriate care and to assure a safe physical environment for patients. We use these conditions of participation to certify RHCs wishing to participate in the Medicare program. These requirements are similar in intent to standards developed by industry organizations such as the Joint Commission on Accreditation of Hospitals, and the National League of Nursing and the American Public Association and merely reflect accepted standards of management and care to which rural health clinics must adhere. Form Number: CMS-R-38 (OMB control number: 0938-0334); Frequency: Recordkeeping and Reporting—Annually; Affected Public: Business or other for-profits; Number of Respondents: 4,247; Total Annual Responses: 4,247; Total Annual Hours: 18,284. (For policy questions regarding this collection contact Jacqueline Leach at 410-786-4282.)

    3. Type of Information Collection Request: New collection (Request for a new OMB control number); Title of Information Collection: Three-Year Network Adequacy Review for Medicare Advantage Organizations; Use: The CMS regulations at 42 CFR 422.112(a)(1)(i) and § 422.114(a)(3)(ii) require that all Medicare Advantage organizations (MAOs) offering coordinated care plans (e.g., HMO, PPO) or other network-based plans (e.g., network-based PFFS, network-based MSA, section 1876 cost plan) maintain a network of appropriate providers that is sufficient to provide adequate access to covered services to meet the needs of the population served. To enforce this requirement, CMS has developed network adequacy criteria, which sets forth the minimum number of providers and maximum travel time and distance from enrollees to providers, for each provider specialty type in each county in the United States and its territories. MAOs must be in compliance with the current CMS network adequacy criteria. This proposed collection of information is essential to appropriate and timely compliance monitoring by CMS, in order to ensure that all active MAO contracts offering network-based plans maintain an adequate network. Currently, CMS verifies that MAOs are compliant with the current CMS network adequacy criteria by performing a contract-level network review, which occurs when CMS requests that an MAO upload provider and facility Health Service Delivery (HSD) tables for a given contract to the Health Plan Management System (HPMS). If an MAO does not have its contract-level network formally reviewed by CMS after the initial contract application process, then there is no CMS requirement for a network adequacy review unless one of the above listed triggering events occurs. Therefore, CMS is proposing this collection of information in order to improve monitoring of MAOs' network adequacy. This collection of information requires the uploading of HSD tables to the Network Management Module (NMM) in HPMS for any contract that has not had an entire network review performed by CMS in the previous three years of contract operation. The collection process will occur at the contract level for each MAO that qualifies, and CMS will assess each contract against the current CMS network adequacy criteria. Each time an MAO's contract undergoes an entire network review during any of the triggering events listed on page one, the three-year anniversary date for that contract will be reset, and CMS will maintain an HPMS report to keep track of this date for every active network-based contract. Form Number: CMS-10636 (OMB control number 0938-New); Frequency: Yearly; Affected Public: Private sector (Business or other for-profits); Number of Respondents: 484; Total Annual Responses: 1,652; Total Annual Hours: 15,692. (For policy questions regarding this collection contact Theresa Wachter at 410-786-1157.)

    Dated: November 1, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-26745 Filed 11-3-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10191 and CMS-10305] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including any of the following subjects: The necessity and utility of the proposed information collection for the proper performance of the agency's functions; the accuracy of the estimated burden; ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by December 5, 2016.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR, Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected].

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Medicare Parts C and D Program Audit Protocols and Data Requests; Use: Under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and implementing regulations at 42 CFR parts 422 and 423, Medicare Part D plan sponsors and Medicare Advantage organizations are required to comply with all Medicare Parts C and D program requirements. In 2010, the explosive growth of these sponsoring organizations forced CMS to develop an audit strategy to ensure we continue to obtain meaningful audit results. As a result, CMS' audit strategy reflected a move to a more targeted, data-driven and risk-based audit approach. We focused on high-risk areas that have the greatest potential for beneficiary harm.

    To maximize resources, CMS will focus on assisting the industry to improve their operations to ensure beneficiaries receive access to care. One way to accomplish this is CMS will develop an annual audit strategy which describes how sponsors will be selected for audit and the areas that will be audited. CMS has developed several audit protocols and these are posted to the CMS Web site each year for use by sponsors to prepare for their audit. Currently CMS utilizes the following 7 protocols to audit sponsor performance: Formulary Administration (FA), Coverage Determinations, Appeals & Grievances (CDAG), Organization Determination, Appeals and Grievances (ODAG), Special Needs Model of Care (SNPMOC) (only administered on organizations who operate SNPs), Compliance Program Effectiveness (CPE), Medication Therapy Management (MTM) and Provider Network Accuracy (PNA). The data collected is detailed in each of these protocols and the exact fields are located in the record layouts, at the end of each protocol. In addition, questionnaires are distributed as part of our CDAG, ODAG and CPE audits. These questionnaires are also included in this package.

    As part of a robust audit process, CMS also requires sponsors who have been audited and found to have deficiencies to undergo a validation audit to ensure correction. The validation audit utilizes the same audit protocols, but only tests the elements where deficiencies were found, as opposed to re-administering the entire audit. Finally, to assist in improving the audit process, CMS sends sponsors a link to a survey (Appendix D) at the end of each audit to complete in order to obtain the sponsors' feedback. The sponsor is not required to complete the survey. Form Number: CMS-10191 (OMB control number: 0938-1000); Frequency: Yearly; Affected Public: Private Sector (business or other for-profit and not-for-profit institutions); Number of Respondents: 40; Total Annual Responses: 40; Total Annual Hours: 13,640. (For policy questions regarding this collection contact Dawn Johnson at 410-786-3159.)

    2. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Medicare Part C and Part D Data Validation (42 CFR 422.516(g) and 423.514(g)); Use: Organizations contracted to offer Medicare Part C and Part D benefits are required to report data to us on a variety of measures. For the data to be useful for monitoring and performance measurement, the data must be reliable, valid, complete, and comparable among sponsoring organizations. To meet this goal, we have developed reporting standards and data validation specifications with respect to the Part C and Part D reporting requirements. These standards provide a review process for Medicare Advantage Organizations, Cost Plans, and Part D sponsors to use to conduct data validation checks on their reported Part C and Part D data.

    The FDCF is revised for the 2017 and 2018 DV collection periods by changing the scoring of six standards from a binary scale to a five-point Likert-type scale. This change is expected to improve the precision of the data validation scores by increasing overall variation in total scores among the MAOs and PDPs. The revision is not expected to alter resource requirements, since the assessment by DV contractors in scoring standards will continue to be based on the percentage of records that meet the standards. Form Number: CMS-10305 (OMB control number: 0938-1115); Frequency: Yearly; Affected Public: Private sector—Business or other for-profits; Number of Respondents: 639; Total Annual Responses: 639; Total Annual Hours: 209,271. (For policy questions regarding this collection contact Terry Lied at 410-786-8973.)

    Dated: November 1, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-26743 Filed 11-3-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [CFDA Number: 93.676] Announcement of the Award of Nine Single-Source Program Expansion Supplement Grants Under the Unaccompanied Children's (UC) Program AGENCY:

    Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS).

    ACTION:

    Notice of Award of nine single-source program expansion supplement grants under the UC Program.

    SUMMARY:

    ACF, ORR announces the award of nine single-source program expansion supplement grants for a total of $21,164,141 under the UC's Program.

    Organization Location Amount BCFS Health and Human Services San Antonio, TX $2,736,000 Heartland Human Care Services, Inc. Chicago, IL 1,463,856 Youth for Tomorrow Bristow, VA 2,184,311 Children's Village Dobbs Ferry, NY 1,922,400 International Educational Services Brownsville, TX 6,551,312 Mercy First Syosset, NY 877,255 Children's Home of Kingston Kingston, NY 464,743 Cayuga Center New York, NY 3,553,107 Leake and Watts Services Yonkers, NY 1,411,157

    ORR has been identifying additional capacity to provide shelter for potential increases in apprehensions of UC at the U.S. Southern Border. Planning for increased shelter capacity is a prudent step to ensure that ORR is able to meet its responsibility, by law, to provide shelter for UC referred to its care by the Department of Homeland Security (DHS).

    The expansion supplement grants will support the need to increase shelter capacity to accommodate the increasing numbers of UCs being referred by DHS. All nine grantees have the infrastructure, licensing, experience, and appropriate level of trained staff to meet the service requirements and the urgent need for expansion of services. The grantees provide residential services to UC in the care and custody of ORR, as well as services to include counseling, case management, and additional support services to the family or to the UC and their sponsor when a UC is released from ORR's care and custody.

    DATES:

    Supplemental award funds will support activities from October 1, 2015, through September 30, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Jallyn Sualog, Director, Division of Children's Services, Office of Refugee Resettlement, 330 C Street SW., Washington, DC 20201. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    ORR is continuously monitoring its capacity to shelter the UC referred to HHS, as well as the information received from interagency partners, to inform any future decisions or actions.

    ORR has specific requirements for the provision of services. Award recipients must have the infrastructure, licensing, experience, and appropriate level of trained staff to meet those requirements. The expansion of the existing program and its services through this supplemental award is a key strategy for ORR to be prepared to meet its responsibility to provide shelter for UC referred to its care by DHS and so that the U.S. Border Patrol can continue its vital national security mission to prevent illegal migration, trafficking, and protect the borders of the United States.

    Statutory Authority: This program is authorized by—

    (A) Section 462 of the Homeland Security Act of 2002, which in March 2003, transferred responsibility for the care and custody of Unaccompanied Alien Children from the Commissioner of the former Immigration and Naturalization Service (INS) to the Director of ORR of HHS.

    (B) The Flores Settlement Agreement, Case No. CV85-4544RJK (C.D. Cal. 1996), as well as the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Pub. L. 110-457), which authorizes post release services under certain conditions to eligible children. All programs must comply with the Flores Settlement Agreement, Case No. CV85-4544-RJK (C.D. Cal. 1996), pertinent regulations, and ORR policies and procedures.

    Christopher Beach, Office of Administration, Office of Financial Services, Division of Grants Policy.
    [FR Doc. 2016-26673 Filed 11-3-16; 8:45 am] BILLING CODE 4184-45-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Tribal Child Support Enforcement Direct Funding Request: 45 CFR 309-Plan.

    OMB No.: 0970-0218.

    Description: The final rule within 45 CFR part 309 contains a regulatory reporting requirement that in order to receive funding for a Tribal IV-D program a Tribe or Tribal organization must submit a plan describing how the Tribe or Tribal organization meets or plans to meet the objectives of section 455(f) of the Social Security Act, including establishing paternity, establishing, modifying, and enforcing support orders, and locating noncustodial parents. The plan is required for all Tribes requesting funding; however, once a Tribe has met the requirements to operate a comprehensive program, a new plan is not required annually unless a Tribe makes changes to its title IV-D program. Tribes and Tribal organizations must respond if they wish to operate a fully funded program. This paperwork collection activity is set to expire in December, 2016.

    Respondents: Tribes and Tribal Organizations.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours
  • per response
  • Total
  • burden hours
  • 45 CFR 309 Amended Plan 63 1 120 7,560 45 CFR 309 New Plan 2 1 480 960 Total 600 8,520 Estimated Total Annual Burden Hours 600 8,520

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201. Attention Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected] Attn: Desk Officer for the Administration for Children and Families

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2016-26615 Filed 11-3-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Withdrawal of 60-Day Notice of Proposed Information Collection: Unaccompanied Children Case Summary Form AGENCY:

    Administration for Children and Families, HHS.

    ACTION:

    Withdrawal: Notice.

    SUMMARY:

    On October 4, 2016 at 81 FR 68420, ACF published a 60 Day Notice of Proposed Information Collection entitled “Unaccompanied Children Case Summary Form.” ACF is withdrawing this notice from the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Robert Sargis, Reports Clearance Officer, Office of Planning Research and Evaluation.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2016-26686 Filed 11-3-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Aging (NIA), National Institute of Mental Health (NIMH), and National Center for Advancing Translational Sciences (NCATS): Cooperative Research and Development Agreement (CRADA) and Licensing Opportunity for Ketamine for the Treatment of Depression and Other Anxiety-Related Disorders AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of Aging (NIA), National Institute of Mental Health (NIMH), and National Center for Advancing Translational Sciences (NCATS) of the National Institutes of Health (NIH), University of Maryland at Baltimore (UMB) and their collaborators are seeking Cooperative Research and Development Agreement (CRADA) partners to collaborate in the preclinical and clinical development of ketamine metabolite (2R, 6R-HNK) for the treatment of depression and other anxiety-related disorders.

    DATES:

    Interested candidate partners must submit a statement of interest and capability, no more than five pages long, to the NCATS point of contact before January 3, 2017 for consideration.

    FOR FURTHER INFORMATION CONTACT:

    Information on licensing and co-development research collaborations, and copies of the U.S. patent applications listed below may be obtained by contacting: Attn: Sury Vepa, Ph.D., J.D., Senior Licensing and Patenting Manager, National Center for Advancing Translational Sciences, NIH, 9800 Medical Center Drive, Rockville, MD 20850, Phone: 301-217-9197, Fax: 301-217-5736, or email [email protected] A signed Confidential Disclosure Agreement may be required to receive copies of the patent applications.

    SUPPLEMENTARY INFORMATION:

    As per the Anxiety and Depression Association of America, Major depressive disorder affects 14.8 million people in America, including children, adults, and the elderly. A number of therapies currently exist to treat depression, although they suffer drawbacks such as requiring weeks to take action. One particular therapy includes the approved drug, ketamine, which has demonstrated robust and acute antidepressant activity. However, its efficacy is bridled with significant disadvantages including its addictive potential and its dissociative activities. This is the case even when administered at low doses, which limits the potential widespread use of ketamine as an antidepressant medication.

    In order to improve the treatment of depression, it is important to explore the mechanism by which ketamine exerts its antidepressant effects. That is precisely what the NIH and UMB scientists and collaborators are investigating, and have found that the metabolism of ketamine is critical to its antidepressant effects, and that the (2R,6R)-2-amino-2-(2-chlorophenyl)-6-hydroxycyclohexanone ((2R,6R)-hydroxynorketamine (HNK)) metabolite, reversed depression-like behaviors in mice without triggering anesthetic, dissociative, or addictive side effects associated with ketamine. Specifically, the researchers found that the metabolite does not inhibit the non-competitive glutamatergic N-methyl-D-aspartate (NMDA) receptor, and it exerts rapid actions that activate the α-amino 3-hydroxy-5-methyl-4-isoxazole propionic acid (AMPA) receptors. Results indicate a non-NMDA receptor dependent mechanism underlying ketamine's antidepressant properties, which involve bioactivity of a specific metabolite (2R, 6R-HNK) could be exploited for drug development. Additionally, the researchers have established appropriate salt, crystal and polymorph forms of the agent and multiple methods of synthesis. Full ADME and polypharmacology assessment is complete as well as pre-formulations studies.

    To expedite the research, development and commercialization of 2R,6R-hydroxynorketamine (a metabolite of ketamine), the National Institutes of Health, UMB and their collaborators are seeking one or more CRADA and/or license agreements with appropriate pharmaceutical or biotechnology companies in accordance with the regulations governing the transfer of Government-developed technology and its public sector objectives, as outlined below. The purpose of a CRADA is to find a partner to collaborate in the development and commercialization of a technology that is in early phases of clinical development. Under the CRADA, key activities related to the clinical development of 2R,6R-HNK as a therapeutic to treat a variety of mental health conditions including depressive disorders will be performed. Collaborators should have proven experience in drug development with specialized expertise within depression and/or related mental health disorders. Owing to NIH's commitment to public dissemination of data, a key criterion will be that all outcomes from the collaborative effort will be published including the outcomes of all clinical trials. Further, it is the goal of NIH, UMB and other collaborators to develop the technology to the fullest extent (as therapeutic for multiple clinical indications including, but not limited to, anxiety, suicidal ideation, anhedonia, PTSD, addiction, neuropathic pain, among others).

    How to Apply: Interested potential CRADA collaborators will receive detailed information on the current status of the project after signing a confidentiality disclosure agreement (CDA) with NIH, UMB and other collaborators. Interested candidate partners must submit a statement of interest and capability, no more than five pages long, to the NCATS point of contact before January 3, 2017 for consideration. Guidelines for the preparation of a full CRADA proposal will be communicated by the NIH to respondents that have demonstrated sufficient mutual interests and capabilities that indicate the partnering entity will appropriately and substantially contribute to the proposed collaboration. Capability statements submitted after the due date may be considered if a suitable CRADA collaborator has not been identified by NIH and UMB among the initial pool of respondents.

    Respondents interested in submitting a CRADA proposal should be aware that it may be necessary for them to secure a patent license to the background-patent applications in order to commercialize products arising from a CRADA. Licensing of background technology patent rights related to this CRADA opportunity and claimed in the pending patent applications are available for either exclusive or non-exclusive licensing and licensing by NIH is subject to 35 U.S.C. 207 and 37 CFR part 404. CRADA partners are afforded an option to negotiate an exclusive license from the NIH for inventions arising from the performance of the CRADA research plan.

    The full CRADA proposal should include a capability statement with a detailed description of: (1) Collaborator's Expertise with mental health disorders such as depression, (2) Collaborators' expertise in preclinical development efforts including toxicology and chemistry, manufacturing and controls (CMC), (3) Expertise in regulatory affairs, particularly at the IND filing and early stage clinical trials stages, (4) Collaborator's ability to support, directly or through contract mechanisms, and upon the successful completion of relevant milestones, the ongoing pharmacokinetics and biological studies, long term toxicity studies, process chemistry and other pre-clinical development studies needed to obtain regulatory approval of a given therapy so as to ensure a high probability of eventual successful commercialization and; (5) Collaborator's ability to provide adequate funding to support some pre-clinical studies of the project as well as clinical trials.

    Publications Zanos P, Moaddel R, Morris PJ, Georgiou P, Fischell J, Elmer GI, Manickavasagom A, Yuan P, Pribut HJ, Singh NS, Dossou KSS, Fang Y, Huang X-P, Mayo CL, Wainer IW, Albuquerque EX, Thompson SM, Thomas CJ, Zarate CA, Gould TD. NMDA receptor inhibition-independent antidepressant actions of a ketamine metabolite. Nature, May 4, 2016, doi: 10:1038/nature17998. Patent Status

    (1) “Use Of (2R,6R)-HNK, (S)-Dehydronorketamine and (R,S)-ketamine metabolites in the treatment of depression and neuropathic pain”; Irving W. Wainer, Ruin Moaddel, Michel Bernier, Carlos A. Zarate, Mary Tanga, Marc C. Torjman, Michael Goldberg; Assignees: National Institute of Aging (NIA), National Institute of Mental Health (NIMH), SRI International, University of Medicine and Dentistry of New Jersey (UMDNJ); U.S. Provisional Patent Application # 61/547,336; Filed: October 14, 2011; NIH Reference # E-092-2011.

    (2) “Methods of using (2S,6S)-HNK and (2R,6R)-HNK to treat various depressive disorders and anxiety disorders”; Craig Thomas, Todd D. Gould, Irving W. Wainer, Carlos A. Zarate, Ruin Moaddel, Patrick Morris, Panos Zanos; Assignees: National Institute of Aging (NIA), National Institute of Mental Health (NIMH), National Center for Advancing Translational Sciences (NCATS), University of Maryland at Baltimore (UMB); U.S. Provisional Patent Application # 62/313317; Filed: March 25, 2016; NIH Reference #E-036-2016.

    (3) “Crystal forms and methods of synthesis of (2R, 6R)-HNK and (2S,6S)-HNK”; Craig Thomas, Patrick Morris, Carlos A. Zarate, Ruin Moaddel, Todd D. Gould, Panos Zanos; Assignees: National Center for Advancing Translational Sciences (NCATS), National Institute of Mental Health (NIMH), National Institute of Aging (NIA), University of Maryland at Baltimore (UMB); U.S. Provisional Patent Application #62/313309; Filed: March 25, 2016; NIH Reference #E-116-2016.

    Dated: October 31, 2016. Pamela McInnes, Deputy Director, Office of the Director, National Center for Advancing Translational Sciences.
    [FR Doc. 2016-26628 Filed 11-3-16; 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; SBIR: Development of Cancer Therapeutics.

    Date: December 5-6, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Sheraton Reston, 11810 Sunrise Valley Drive, Reston, VA 20191.

    Contact Person: Malaya Chatterjee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6192, MSC 7804, Bethesda, MD 20892, (301) 806-2515, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.

    Date: December 6, 2016.

    Time: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: M. Catherine Bennett, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5182, MSC 7846, Bethesda, MD 20892, 301-435-1766, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Mechanisms of Neurogenesis, Cell Fate and Maturation, and Degeneration.

    Date: December 7, 2016.

    Time: 10:00 a.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: Linda MacArthur, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4187, Bethesda, MD 20892, 301-537-9986, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; HIV/AIDS Innovative Research Applications.

    Date: December 7-8, 2016.

    Time: 10:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Jingsheng Tuo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5207, Bethesda, MD 20892, 301-451-8754, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; The Biomedical Technology Research Resource for Macromolecular Modeling and Bioinformatics.

    Date: December 7-9, 2016.

    Time: 4:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Wyndham Garden Urbana Champaign Hotel, 1001 W Killarney Street, Urbana, IL 61801.

    Contact Person: Nitsa Rosenzweig, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4152, MSC 7760, Bethesda, MD 20892, (301) 404-7419, [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: November 1, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-26770 Filed 11-3-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request; The Atherosclerosis Risk in Communities Study (National Heart Lung and Blood Institute) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement of the Paperwork Reduction Act of 1995 to provide opportunity for public comment on proposed data collection projects, the National Institutes of Health, National Heart, Lung, and Blood Institute (NHLBI) will publish periodic summaries of propose projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Dr. Jacqueline Wright, 6701 Rockledge Drive, MSC 7936, Bethesda, MD 20892, or call non-toll-free number (301) 435-0384, or Email your request to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    SUPPLEMENTARY INFORMATION:

    Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 requires: Written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Proposed Collection Title: The Atherosclerosis Risk in Communities Study, 0925-0281, REVISION, National Heart, Lung, and Blood Institute (NHLBI), the National Institutes of Health (NIH).

    Need and Use of Information Collection: The ARIC study was initiated in 1985 to examine the major factors contributing to the occurrence of and the trends for cardiovascular diseases among men, women, African Americans and white persons in four U.S. communities: Forsyth County, North Carolina; Jackson, Mississippi; suburbs of Minneapolis, Minnesota; and Washington County, Maryland. The cohort in Jackson is selected to represent only African American residents of the city. The primary objectives of the study are to: (1) Investigate factors associated with both atherosclerosis and clinical cardiovascular diseases and (2) measure occurrence of and trend in coronary heart disease (CHD) and relate them to community levels of risk factors, medical care, and atherosclerosis. Some specific activities for this revision of ARIC are continued telephone follow-up of the ARIC cohort, with twice yearly calls to identify new cardiovascular events and hospitalizations, update information about risk factors, and obtain information on access to and use of medical care for heart failure risk factors and heart failure, and to re-examine the surviving ARIC cohort (target n = 5,300) over a 21-month period.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 23,289.

    Estimated Annualized Burden Hours Type of response Number of
  • respondents
  • Number of
  • responses
  • per
  • respondent
  • Average
  • time per
  • response
  • (hours per
  • year)
  • Total annual
  • burden hour
  • Participant: a. Recruitment and Phone Contact (Attachment 1) 7,903 1 15/60 1,976 b. Clinic Examination (Attachment 7) * 5,572 1 100/60 9,287 c. Annual Follow-up Form (Attachment 8) 7,903 6 8/60 6,322 d. Semiannual Follow-up Form (Attachment 9) 7,903 6 7/60 5,532 Subtotal (Participant) 7,903 108,311 23,117 Non-Participant: a. Coroner/Medical Examiner Form (Attachment 10) 372 1 10/60 62 b. Informant Interview Form (Attachment 11) 372 1 10/60 62 c. Heart Failure Survey (Attachment 12) 100 1 10/60 17 d. Physician Questionnaire Form (Attachment 13) 372 1 5/60 31 Subtotal (Non-Participant) 1,216 1,216 172 Total (Participant and Non-Participant) 9,119 109,527 23,289 * Participants included in item a.
    Dated: October 31, 2016. Valery Gheen, NHLBI Project Clearance Liaison, National Institutes of Health.
    [FR Doc. 2016-26627 Filed 11-3-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Institute of Mental Health Special Emphasis Panel, November 2, 2016, 08:30 a.m. to November 2, 2016, 05:00 p.m., Washington Marriott Georgetown, 1221 22nd Street NW., Washington, DC 20037 which was published in the Federal Register on October 13, 2016, 81 FR 70693.

    The meeting notice is amended to change the location to the Marriott Wardman Park Washington DC Hotel, 2660 Woodley Road NW., Washington, DC 2008. The meeting is closed to the public.

    Dated: October 28, 2016. Carolyn A. Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-26625 Filed 11-3-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Board of Scientific Counselors, NICHD.

    The meeting will be open to the public as indicated below, with the attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NICHD.

    Date: December 2, 2016.

    Open: 8:00 a.m. to 12:15 p.m.

    Agenda: A report by the Scientific Director, NICHD, on the status of the NICHD Division of Intramural Research, talks by various intramural scientists, and current organizational structure.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Closed: 12:15 p.m. to 4:00 p.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Contact Person: Constantine A. Stratakis, MD, D(med)Sci, Scientific Director, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, Building 31A, Room 2A46, 31 Center Drive, Bethesda, MD 20892, 301-594-5984, [email protected]

    Information is also available on the Institute's/Center's home page: https://www.nichd.nih.gov/about/meetings/Pages/index.aspx, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos.93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: October 28, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-26624 Filed 11-3-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0848] National Offshore Safety Advisory Committee; Vacancies AGENCY:

    Coast Guard, Department of Homeland Security.

    ACTION:

    Request for applications.

    SUMMARY:

    The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee. The National Offshore Safety Advisory Committee advises the Secretary of the Department of Homeland Security on matters and actions concerning activities directly involved with or in support of the exploration of offshore mineral and energy resources insofar as they relate to matters within Coast Guard jurisdiction. Applicants selected for service on the National Offshore Safety Advisory Committee via this solicitation will not begin their respective terms until January 31, 2018.

    DATES:

    Completed applications should reach the Coast Guard on or before January 3, 2017.

    ADDRESSES:

    Applicants should send a cover letter expressing interest in an appointment to the National Offshore Safety Advisory Committee that also identifies under which membership category the applicant is applying, along with a resume detailing the applicant's experience via one of the following methods:

    By Email: [email protected]

    By Fax: (202) 372-8382.

    By Mail: Mr. Patrick W. Clark, Alternate Designated Federal Officer of the National Offshore Safety Advisory Committee, Commandant, (CG-OES-2)/NOSAC U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Patrick Clark, Alternate Designated Federal Officer of the National Offshore Safety Advisory Committee, Commandant, (CG-OES-2)/NOSAC U.S. Coast Guard, 2703 Martin Luther King Jr. Avenue SE., STOP 7509, Washington, DC 20593-7509; email [email protected]; telephone (202) 372-1358; fax (202) 372-8382.

    SUPPLEMENTARY INFORMATION:

    The National Offshore Safety Advisory Committee is a federal advisory committee established in accordance with the provisions of the Federal Advisory Committee Act (Title 5 U.S.C. Appendix) to advise the Secretary of the Department of Homeland Security on matters and actions concerning activities directly involved with or in support of the exploration of offshore mineral and energy resources insofar as they relate to matters within Coast Guard jurisdiction.

    The Committee normally meets twice a year: Once in April in New Orleans, Louisiana, and then in November in Houston, Texas. Each National Offshore Safety Advisory Committee member serves a term of office up to three (3) years. Members may serve a maximum of two (2) consecutive terms. All members serve at their own expense and receive no salary or reimbursement of travel expenses, or other compensation from the Federal Government.

    We will consider applications for the 5 positions listed below that will be vacant on January 31, 2018:

    (a) One member representing companies, organizations, enterprises or similar entities engaged in offshore drilling;

    (b) One member representing companies, organizations, enterprises or similar entities engaged in the production of petroleum;

    (c) One member representing companies, organizations, enterprises or similar entities engaged in the construction of offshore facilities;

    (d) One member representing companies, organizations, enterprises or similar entities engaged in the support, by offshore supply vessel or other vessels, of offshore operations; and,

    (e) One member representing employees of companies, organizations, enterprises or similar entities engaged in offshore operations, who should have recent practical experience on vessels or units involved in the offshore industry.

    To be eligible, applicants for positions (a-e) should be employed by companies, organizations, enterprises or similar entities associated with the exploration for, and the recovery of oil, gas and other mineral resources on the U.S. Outer Continental Shelf; and have expertise, knowledge and experience regarding the technology, equipment and techniques that are used or are being developed for use in the exploration for, and the recovery of, offshore mineral resources.

    The Department of Homeland Security does not discriminate in selection of Committee members on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disabilities and genetic information, age membership in an employee organization, or any other non-merit factor. The Department of Homeland Security strives to achieve a widely diverse candidate pool for all of its recruitment actions.

    If you are interested in applying to become a member of the Committee, send your cover letter and resume to Mr. Patrick Clark, Alternate Designated Federal Officer of the National Offshore Safety Advisory Committee, via one of the transmittal methods in the ADDRESSES section by the deadline in the DATES section of this notice. All email submittals will receive email receipt confirmation.

    Dated: October 31, 2016. J.G. Lantz, Director of Commercial Regulations and Standards.
    [FR Doc. 2016-26651 Filed 11-3-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-3377-EM; Docket ID FEMA-2016-0001] Florida; Amendment No. 1 to Notice of an Emergency Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of an emergency declaration for the State of Florida (FEMA-3377-EM), dated October 6, 2016, and related determinations.

    DATES:

    Effective October 19, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that the incident period for this emergency is closed effective October 19, 2016.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26736 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR; Docket ID FEMA-2016-0001] South Carolina; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective October 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the Individual Assistance program for the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Marion County for Individual Assistance (already designated for assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

    Orangeburg County for Individual Assistance.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26720 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR; Docket ID FEMA-2016-0001] South Carolina; Amendment No. 5 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective October 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Berkeley County for Individual Assistance (already designated for Public Assistance).

    Charleston County for Individual Assistance (already designated for assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public assistance program).

    Chesterfield County for Individual Assistance.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26725 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4288-DR; Docket ID FEMA-2016-0001] Wisconsin; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of Wisconsin (FEMA-4288-DR), dated October 20, 2016, and related determinations.

    DATES:

    Effective October 20, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated October 20, 2016, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of Wisconsin resulting from severe storms, flooding, and mudslides during the period of September 21-22, 2016, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Wisconsin.

    In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

    You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

    Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Benigno Bern Ruiz, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of Wisconsin have been designated as adversely affected by this major disaster:

    Adams, Chippewa, Clark, Crawford, Jackson, Juneau, La Crosse, Monroe, Richland, and Vernon Counties for Public Assistance.

    All areas within the State of Wisconsin are eligible for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26727 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-3379-EM]; [Docket ID FEMA-2016-0001] Georgia; Amendment No. 1 to Notice of an Emergency Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of an emergency declaration for the State of Georgia (FEMA-3379-EM), dated October 6, 2016, and related determinations.

    DATES:

    Effective October 15, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that the incident period for this emergency is closed effective October 15, 2016.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26730 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4280-DR]; [Docket ID FEMA-2016-0001] Florida; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-4280-DR), dated September 28, 2016, and related determinations.

    DATES:

    Effective Date: October 21, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of Florida is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 28, 2016.

    Columbia and Gadsden Counties for Public Assistance. Hernando County for Public Assistance (already designated for Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26728 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR]; [Docket ID FEMA-2016-0001] South Carolina; Amendment No. 6 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective Date: October 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Chesterfield County for Public Assistance (already designated for Individual Assistance).

    Kershaw and Richland Counties for Public Assistance.

    Calhoun, Charleston, Clarendon, Darlington, and Marlboro Counties for Public Assistance [Categories C-G] (already designated for Individual Assistance and assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26722 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR]; [Docket ID FEMA-2016-0001] South Carolina; Amendment No. 4 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective October 19, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Calhoun, Clarendon, and Marlboro Counties for Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program.

    Horry for Individual Assistance (already designated for Public Assistance).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26726 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR]; [Docket ID FEMA-2016-0001] South Carolina; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective October 17, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Allendale, Bamberg, Barnwell, Hampton, Lee, and Sumter Counties for Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program.

    Beaufort, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Jasper, and Williamsburg Counties for Individual Assistance (already designated for assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26719 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4286-DR]; [Docket ID FEMA-2016-0001] South Carolina; Amendment No. 3 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4286-DR), dated October 11, 2016, and related determinations.

    DATES:

    Effective Date: October 18, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 11, 2016.

    Allendale, Bamberg, Barnwell, Beaufort, Colleton, Dillon, Dorchester, Florence, Georgetown, Hampton, Jasper, Lee, Marion, Sumter, and Williamsburg Counties for Public Assistance [Categories C-G] (already designated for Individual Assistance and assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

    Berkeley and Horry Counties for Public Assistance [Categories C-G] (already designated for assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

    Orangeburg County for Public Assistance (already designated for Individual Assistance).

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-26721 Filed 11-3-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5915-N-13] 60-Day Notice of Proposed Information Collection: Improving the Speed of Housing Recovery Program Launch After Severe Disasters AGENCY:

    Office of Policy Development and Research, 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: January 3, 2017.

    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: Anna P. Guido, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-5534 (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:

    Anna P. Guido, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Anna P. Guido at [email protected] or telephone 202-402-5535. 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. Guido.

    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: Improving the Speed of Housing Recovery Program Launch after Severe Disaster.

    OMB Approval Number: Pending.

    Type of Request: New.

    Form Number: No forms.

    Description of the need for the information and proposed use: Since 1992, Congress has appropriated over $44 billion through HUD's Community Development Block Grant—Disaster Recovery (CDBG-DR) program to support long-term recovery in communities affected by Presidentially-declared disasters. This has included $19.7 billion for recovery from Hurricanes Katrina, Rita and Wilma in 2005, as well as $13 billion for recovery from Hurricane Sandy in 2012. These funds can be used for a wide variety of activities related to long-term recovery, including: Buyouts of homes in high-risk area; relocation or other compensation of affected households; rehabilitation/reconstruction of damaged homes; infrastructure and public improvements; demolition and debris removal; and economic development.

    CDBG-DR funds are appropriated to HUD and then allocated to affected states and local governments. At that point, the grantees will be eager to move quickly, to develop programs to provide support to individuals and organizations that need it, and to begin recovery in earnest. But launching a disaster recovery program can be an enormous challenge. Some grantees have minimal previous experience with the base CDBG program. Even the more experienced grantees struggle with the scale of the challenge—both the level of need in the community and the amount of funds suddenly available for deployment. And there are, of course, many challenges unique to disaster recovery, that grantees may never have had to deal with before. All of these factors, and more, combine to hinder the recovery of disaster-affected communities. The purpose of this project is to examine factors that contribute to delays in launching housing recovery programs in the wake of severe disasters, and to produce a guidebook that will help to accelerate that process.

    Conducting this research will require the research team (The Urban Institute, under HUD grant H-21670CA) to interview a variety of individuals with experience with disaster recovery, and the CDBG-DR program in particular.

    Respondents (i.e., affected public): This information collection will affect approximately 60 individuals that have been involved in the design and management of CDBG-DR programs, particularly those related to housing recovery. Respondents are expected to be current or former employees of state and local governments that have received CDBG-DR funding, or current or former employees of private-sector entities that have supported those grantees. The study will focus on a purposive sample of CDBG-DR grantees, their selection based on the characteristics of the disaster and the grantee. This sample is expected to cover approximately 17 grantees: 12 grantees affected by 3 major disasters (4 grantees per disaster) and 5 grantees affected by smaller disasters (1 grantee per disaster). Once those grantees are selected, the research team will seek to interview an average of 4 individuals per major disaster grantee and 2 individuals per small disaster grantee (for a total of 58 respondents). Interview targets will include CDBG-DR program directors, CDBG-DR housing program managers, and other staff as needed. Interviews will be structured and will focus on important aspects of the period between the occurrence of the disaster and the completion of recovery activities, such as: program design decisions; hiring and training of staff; selection of contractors; and partnership with HUD and other recovery agencies. Interviews are expected to last an average of an hour and a half. The research team will conduct some interviews in person during site visits. The other interviews will be conducted by telephone.

    All interviews will be confidential and not attributed to individuals by name or association. Interview results will be coded for analytical purposes and used to inform the study's two key deliverables: A retrospective report on factors that contribute to rapid disaster recovery and a guidebook to help disaster-affected communities recover more quickly.

    The table below estimates the total burden to the public for the proposed information collection, assuming an hourly cost per response based on the GS-15 step 1 hourly wage rate.

    Information collection Number of
  • respondents
  • Frequency of response Responses
  • per annum
  • Burden hour per response Annual burden hours Hourly cost per response Annual cost
    Interviews with Disaster Recovery staff 58 One time 1 1.5 87 $50 $4,350 Total 58 87 50 4,350
    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 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: October 25, 2016. Katherine M. O'Regan, Assistant Secretary for Policy Development and Research.
    [FR Doc. 2016-26742 Filed 11-3-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5907-N-45] Federal Property Suitable as Facilities To Assist the Homeless AGENCY:

    Office of the Assistant Secretary for Community Planning and Development, HUD.

    ACTION:

    Notice.

    SUMMARY:

    This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

    FOR FURTHER INFORMATION CONTACT:

    Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), call the toll-free Title V information line at 800-927-7588 or send an email to [email protected].

    SUPPLEMENTARY INFORMATION:

    In accordance with the December 12, 1988 court order in National Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the purpose of announcing that no additional properties have been determined suitable or unsuitable this week.

    Dated: October 27, 2016. Brian P. Fitzmaurice, Director, Division of Community Assistance, Office of Special Needs Assistance Programs.
    [FR Doc. 2016-26468 Filed 11-3-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-HQ-IA-2016-0134; FXIA16710900000-178-FF09A30000] Endangered Species; Receipt of Applications for Permit AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of applications for permit.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibit activities with listed species unless Federal authorization is acquired that allows such activities.

    DATES:

    We must receive comments or requests for documents on or before December 5, 2016.

    ADDRESSES:

    Submitting Comments: You may submit comments by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-HQ-IA-2016-0134.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-HQ-IA-2016-0134; U.S. Fish and Wildlife Service Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    When submitting comments, please indicate the name of the applicant and the PRT# you are commenting on. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

    Viewing Comments: Comments and materials we receive will be available for public inspection on http://www.regulations.gov, or by appointment, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays, at the U.S. Fish and Wildlife Service, Division of Management Authority, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2095.

    FOR FURTHER INFORMATION CONTACT:

    Brenda Tapia, (703) 358-2104 (telephone); (703) 358-2281 (fax); [email protected] (email).

    SUPPLEMENTARY INFORMATION: I. Public Comment Procedures A. How do I request copies of applications or comment on submitted applications?

    Send your request for copies of applications or comments and materials concerning any of the applications to the contact listed under ADDRESSES. Please include the Federal Register notice publication date, the PRT-number, and the name of the applicant in your request or submission. We will not consider requests or comments sent to an email or address not listed under ADDRESSES. If you provide an email address in your request for copies of applications, we will attempt to respond to your request electronically.

    Please make your requests or comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include.

    The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES).

    B. May I review comments submitted by others?

    Comments, including names and street addresses of respondents, will be available for public review at the street address listed under ADDRESSES. The public may review documents and other information applicants have sent in support of the application unless our allowing viewing would violate the Privacy Act or Freedom of Information Act. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    II. Background

    To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), along with Executive Order 13576, “Delivering an Efficient, Effective, and Accountable Government,” and the President's Memorandum for the Heads of Executive Departments and Agencies of January 21, 2009—Transparency and Open Government (74 FR 4685; January 26, 2009), which call on all Federal agencies to promote openness and transparency in Government by disclosing information to the public, we invite public comment on these permit applications before final action is taken.

    III. Permit Applications Endangered Species Applicant: U.S. Geological Survey, National Wildlife Health Center, Madison, WI; PRT-06408C

    The applicant requests a permit to import biological samples for all wildlife species, both of wild-origin and captive-held or captive-bred for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Cheyenne Mountain Zoological Park, Colorado Springs, CO; PRT-06157C

    The applicant requests a permit to import one live male captive-born amur leopard (Panthera pardus orientalis) from JCS Livestock, Berks, United Kingdom, 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: Tiger World Inc., Rockwell, NC; PRT-97961A

    On June 3, 2016, we published a Federal Register notice inviting the public to comment for an application for permit to conduct certain activities with endangered species (81 FR 35792). We are now reopening the comment period to allow the public the opportunity to review additional information submitted to amend of their captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: African lion (Panthera leo), black-and-white ruffed lemur (Varecia variegata), ring-tailed lemur (Lemur catta), red ruffed lemur (Varecia rubra), mandrill (Mandrillus sphinx), lar gibbon (Hylobates lar), clouded leopard (Neofelis nebulosa), leopard (Panthera pardus), snow leopard (Uncia uncia), Galapagos tortoise (Chelonoidis nigra), and radiated tortoise (Astrochelys radiata). This notification covers activities to be conducted by the applicant over a 5-year period.

    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: John Ferguson, Colorado Springs, CO; PRT-04220C Applicant: Carl Leukefeld, Lexington, KY; PRT-08238C Applicant: Todd Timm, Clifton, VA; PRT-08151C Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority.
    [FR Doc. 2016-26626 Filed 11-3-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [178A2100DD/AAKC001030/A0A501010.999900 253G] Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of California AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The State of California and the Pala Band of Mission Indians entered into a Tribal-State compact governing Class III gaming. This notice announces that the compact is taking effect.

    DATES:

    The effective date of the compact is November 4, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240, (202) 219-4066.

    SUPPLEMENTARY INFORMATION:

    Section 11 of the Indian Gaming Regulatory Act (IGRA) requires the Secretary of the Interior to publish in the Federal Register notice of approved Tribal-State compacts that are for the purpose of engaging in Class III gaming activities on Indian lands. See Public Law 100-497, 25 U.S.C. 2701 et seq. All Tribal-State Class III compacts are subject to review and approval by the Secretary under 25 CFR 293.4. The Secretary took no action on the compact within 45 days of its submission. Therefore, the compact is considered to have been approved, but only to the extent the compact is consistent with IGRA. See 25 U.S.C. 2710(d)(8)(C).

    Dated: October 28, 2016. Lawrence S. Roberts, Principal Deputy Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-26670 Filed 11-3-16; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-MWR-KNRI-21917; 16XP103905-PPWODESCP1-PMP00UP05.YP0000-PX.PD171326E.00.1] Notice of Availability of the Draft Archeological Resources Management Plan, Environmental Impact Statement, Knife River Indian Villages National Historic Site, North Dakota AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    The National Park Service (NPS) announces the availability of the Draft Archeological Resources Management Plan/Environmental Impact Statement (EIS), Knife River Indian Village National Historic Site (Park), North Dakota.

    DATES:

    All comments must be postmarked or transmitted not later than January 3, 2017.

    ADDRESSES:

    A limited number of hard-copies of the Draft EIS may be picked up in-person or may be obtained by making a request in writing to Knife River Indian Villages National Historic Site, P.O. Box 9, Stanton, North Dakota 58571. The document is also available on the internet at the NPS Planning, Environment, and Public Comment Web site at: https://Parkplanning.nps.gov/projectHome.cfm?projectID=34314

    FOR FURTHER INFORMATION CONTACT:

    Superintendent Craig Hansen can be reached at the address above, by telephone at (701) 745-3741 (ext. 209), or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This process has been conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the regulations of the Department of the Interior (43 CFR part 46). The purpose of the plan is to provide a management framework for proactive, sustainable archeological resource protection at the Park for the next 30 years. The NPS has identified four major threats to archeological resources. While riverbank erosion is the most visible and documented threat to archeological resources, additional impacts occur from pocket gopher activity, vegetation encroachment, and location of Park infrastructure.

    Riverbank erosion has been an ongoing problem since the Park was created and this ongoing impact has the greatest adverse effect to archeological resources. Over the past few decades village remnants and archeological sites adjacent to the Knife River have experienced measurable erosion. In addition, Northern pocket gophers affect archeological sites by displacing soil and artifacts from chronologically stratified deposits. Also, the encroachment of woody and overgrown vegetation into archeological sites causes multiple issues for archeological sites. Root growth results in displacement of chronological layers, similar to that of pocket gophers.

    The maintenance facility for the Park is a visual intrusion in the cultural landscape, particularly for the Big Hidatsa site, a designated National Historic Landmark. The North Dakota State Historic Preservation Office (SHPO) and the Mandan, Hidatsa, and Arikara Nation (MHA Nation) Tribal Historic Preservation Office have recommended that the facility be relocated to remove this visual impact from the site. In addition, the maintenance facility is located near burial sites and areas considered sacred by the tribes traditionally associated with the resources present in the Park.

    Finally, the location of the Museum Collection Storage Facility, in the basement of the Visitor's Center, has had water infiltration issues. A final goal of this plan is to develop a remedy for this problem, or the storage facility will need to be replaced.

    Range of Alternatives Considered: The alternatives analyzed in the Draft EIS are summarized below.

    Alternative 1: No-Action Alternative: Under the no-action alternative, management of archeological resources at the Park would continue as currently implemented.

    Management would respond to archeological resource threats but without the benefit of site prioritization and a proactive adaptive management framework. Under the no-action alternative, existing Park infrastructure would remain in place. Repairs to the existing visitor center to address water infiltration issues would occur. Ongoing riverbank erosion, pocket gopher control, and vegetation encroachment management activities would continue.

    Elements Common to All Action Alternatives: Under both action alternatives, archeological resources management at the Park would be executed within an adaptive management framework. This framework would be used to address riverbank erosion, gopher control, and woody vegetation encroachment. The project team developed a process to prioritize archeological sites based on the importance of the resource and the level of risk of loss of the resource to inform management decisions.

    The NPS has developed indicators and standards for managing the archeological resources based on the Park's purpose, significance, objectives, and desired conditions. These indicators and standards will serve as a tool to monitor and evaluate the adaptive management actions.

    Alternative 2: Relocate Facilities in the Park: Under alternative 2, archeological resources would be managed under the adaptive management framework described above. Under this alternative, the maintenance facility would be moved to another location in the Park and the existing maintenance buildings would be removed.

    Additionally, the museum collection would be moved if the project to stop water infiltration in the visitor center building is unsuccessful or if the Park identifies funding or partnership opportunities to relocate the museum collection out of the basement of the Visitor's Center to a more suitable location.

    Alternative 3: Locate Facilities Off-Site: Under alternative 3, archeological resources would be managed under the adaptive management framework described above. Under this alternative, the Park would relocate the maintenance facility outside the Park boundary and remove the existing maintenance buildings from the Park landscape. Similar to alternative 2, the museum collection would be moved if the project to stop water infiltration in the visitor center building is unsuccessful or if the Park identifies funding or partnership opportunities to relocate the museum collection out of the basement to a more suitable location.

    NPS Preferred Alternative: The preferred alternative is likely to be a combination of alternatives 2 and 3. The NPS would prefer to remove the maintenance facility from Park property, and stop water infiltration at the visitor center so the museum collection can remain in place. While moving the maintenance facility off-site is preferred to best protect Park resources, the ability to relocate is dependent on the availability of suitable property at a reasonable price. If suitable sites are not available when the Park is ready to relocate, the Park will construct the facilities within the Park.

    In order to comment on this plan, comments may be transmitted electronically through the project Web site (address above). If preferred, you may mail written comments directly to the Superintendent at the address above.

    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: September 9, 2016. Patricia S. Trap, Deputy Regional Director, Midwest Region.
    [FR Doc. 2016-26690 Filed 11-3-16; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service Record of Decision for Non-Federal Oil and Gas Regulation Revision Environmental Impact Statement (EIS) AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice of availability; record of decision.

    SUMMARY:

    The National Park Service (NPS) has prepared and approved a Record of Decision (ROD) for the Nonfederal Oil and Gas Regulations (36 CFR part 9, subpart B) Revisions. Approval of this Record of Decision completes the National Environmental Policy Act process.

    DATES:

    November 4, 2016.

    ADDRESSES:

    Copies of the ROD are available for public review at http://parkplanning.nps.gov/ROD_9B.

    FOR FURTHER INFORMATION CONTACT:

    David Steensen, Chief, Geologic Resources Division, National Park Service, PO Box 25287, Denver, CO 80225; phone (303) 969-2014. The responsible official for this ROD is Jonathan Jarvis, Director, National Park Service, 1849 C Street NW., Washington, DC 20240.

    SUPPLEMENTARY INFORMATION:

    This process was conducted in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), its implementing regulations (40 CFR parts 1500-1508), the Department of the Interior NEPA regulations (43 CFR part 46), and NPS Director's Order 12, Conservation Planning, Environmental Impact Analysis and Decision-Making and accompanying handbook. The original Notice of Intent (NOI) initiating the NEPA process was published in the Federal Register on December 30, 2010 (75 FR 82362). The NOI specifically solicited public comment on draft purpose and need statements, objectives, and issues and concerns related to revisions of the NPS regulations governing non-federal oil and gas development on units of the national park system. The NOI also requested public comment on possible alternatives the NPS should consider in revising the regulations. On October 23, 2015, the NPS released for public review the draft EIS for the Proposed Revision of 9B Regulations Governing Nonfederal Oil and Gas Activities through the publication of a Notice of Availability in the Federal Register (80 FR 64445). The Environmental Protection Agency also issued a Notice of Availability for the draft EIS that was published in the Federal Register on October 30, 2015 (80 FR 66898). On September 2, 2016, the Environmental Protection Agency issued a Notice of Availability for the plan/Final Environmental Impact Statement (FEIS) that was published in the Federal Register (81 FR 60697); NPS also released the FEIS for public review on September 2, 2016, and published its own NPS Notice of Availability in the Federal Register on September 7, 2016 (81 FR 61715).

    The FEIS evaluated the environmental consequences of three alternatives, Alternative A (no action), Alternative B (preferred and environmentally preferable alternative), and Alternative C.

    Alternative B includes the following alternative elements:

    • Elimination of two regulatory provisions that exempt 60% of the oil and gas operations in System units. All operators in System units would be required to comply with the 9B regulations.

    • Elimination of the financial assurance (bonding) cap. Financial assurance would be equal to the reasonable estimated cost of site reclamation.

    • Improving enforcement authority by incorporating existing NPS penalty provisions. Law enforcement staff would have authority to write citations for noncompliance with the regulations.

    • Authorizing compensation to the federal government for new access on federal lands and waters outside the boundary of an operator's mineral right.

    • Reformatting the regulations to make it easier to identify an operator's information requirements and operating standards that apply to each type of operation.

    Alternative C includes all the proposed changes in Alternative B, except:

    Directional drilling operations: Alternative C would expand the scope of the regulations to encompass surface and subsurface directional drilling operations outside the boundary of a System unit.

    Proposed Operations Located Wholly on Non-Federally Owned Land Within the Boundary of a System Unit: This provision would allow for an exemption to the operations permit requirement for those operations located wholly on non-federally owned land within a System unit, if the operator could demonstrate that the proposed operation would have no effect to NPS administered resources or values.

    Joint and Several Liability: This provision would hold mineral owners and their lessees jointly and severally liable for all obligations to comply with the terms and conditions of an approved permit and any other applicable provision under these regulations.

    The NPS consulted with traditionally associated American Indian tribes and groups, State Historic Preservation Officers, United States Fish and Wildlife Service, United States Environmental Protection Agency, state oil and gas regulatory commissions, and the state of Alaska.

    The ROD includes a summary of the purpose and need for action, synopses of alternatives considered and analyzed in detail, a description of the selected alternative, including measures that are included in the rule to minimize environmental harm, the basis for the decision, a description of the environmentally preferable alternative, and findings on impairment of park resources. The ROD is not the final agency action for those elements of the EIS that require promulgation of regulations to be effective. Promulgation of such regulations will constitute the final agency action for such elements, and will be published in a separate Federal Register document.

    Dated: October 23, 2016. Jonathan B. Jarvis, Director, National Park Service.
    [FR Doc. 2016-26492 Filed 11-3-16; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [MMAA104000] Notice on Outer Continental Shelf Oil and Gas Lease Sales AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    List of Restricted Joint Bidders.

    SUMMARY:

    Pursuant to the joint bidding provisions of 30 CFR 556.511—556.515, the Director of the Bureau of Ocean Energy Management is publishing a List of Restricted Joint Bidders. Each entity within one of the following groups is restricted from bidding with any entity in any of the other following groups at Outer Continental Shelf oil and gas lease sales to be held during the bidding period November 1, 2016, through April 30, 2017. This List of Restricted Joint Bidders will cover the period November 1, 2016, through April 30, 2017, and replace the prior list published on May 17, 2016, which covered the period of May 1, 2016, through October 31, 2016.

    Group I BP America Production Company BP Exploration & Production Inc. BP Exploration (Alaska) Inc. Group II Chevron Corporation Chevron U.S.A. Inc. Chevron Midcontinent, L.P. Unocal Corporation Union Oil Company of California Pure Partners, L.P. Group III Eni Petroleum Co. Inc. Eni Petroleum US LLC Eni Oil US LLC Eni Marketing Inc. Eni BB Petroleum Inc. Eni US Operating Co. Inc. Eni BB Pipeline LLC Group IV Exxon Mobil Corporation ExxonMobil Exploration Company Group V Petroleo Brasileiro S.A. Petrobras America Inc. Group VI Shell Oil Company Shell Offshore Inc. SWEPI LP Shell Frontier Oil & Gas Inc. SOI Finance Inc. Shell Gulf of Mexico Inc. Group VII Statoil ASA Statoil Gulf of Mexico LLC Statoil USA E&P Inc. Statoil Gulf Properties Inc. Group VIII Total E&P USA, Inc.
    Abigail Ross Hopper, Director, Bureau of Ocean Energy Management.
    [FR Doc. 2016-26737 Filed 11-3-16; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR01041000, 17XR0680G3, RX.16786921.2000100] Notice of Additional Scoping Meeting for the Columbia River System Operations Environmental Impact Statement AGENCIES:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Reclamation, along with the U.S. Army Corps of Engineers and the Bonneville Power Administration as joint lead agencies, are adding one public scoping meeting to invite the public to comment on the scope of the Columbia River System Operations Environmental Impact Statement.

    DATES:

    The additional scoping meeting will be held on Monday, November 21, 2016, 4 p.m. to 7 p.m., in Pasco, Washington.

    ADDRESSES:

    The meeting will be held at the Holiday Inn Express & Suites Pasco-Tri Cities, 4525 Convention Place, Pasco, Washington 99301.

    FOR FURTHER INFORMATION CONTACT:

    Call the toll-free telephone 1-(800) 290-5033 or email [email protected] Additional information can be found at the project Web site: www.crso.info.

    SUPPLEMENTARY INFORMATION:

    One scoping meeting is being added to the schedule. All other scoping meetings for the Columbia River System Operations Environmental Impact Statement were previously announced in a notice that was published in the Federal Register on September 30, 2016 (81 FR 67382). As the project evolves, there may be additional scoping meetings. All additional scoping meetings for this project will be announced on the project Web site at www.crso.info.

    Dated: October 26, 2016. Lorri J. Lee, Regional Director—Pacific Northwest Region, Bureau of Reclamation.
    [FR Doc. 2016-26740 Filed 11-3-16; 8:45 am] BILLING CODE 4332-90-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same, DN 3181; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of DSM Desotech, Inc. and DSM IP Assets B.V. on October 31, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain UV curable coatings for optical fibers, coated optical fibers, and products containing same. The complaint names as respondents Momentive UV Coatings (Shanghai) Co., Ltd. of China; and OFS Fitel, LLC of Norcross, GA. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3181”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202-205-2000).

    1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3

    2 All contract personnel will sign appropriate nondisclosure agreements.

    3 Electronic Document Information System (EDIS): http://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: October 31, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-26649 Filed 11-3-16; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0008] Agency Information Collection Activities; Proposed eCollection eComments Requested; Application and Permit for Permanent Exportation of Firearms (National Firearms Act) ATF F 9 (5320.9) AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register 81 FR 60023, on August 31, 2016, allowing for a 60-day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until December 5, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any other additional information, please contact Kenneth Mason, Firearms and Explosives Services Specialist, National Firearms Act Branch, either by mail at 244 Needy Road, Martinsburg, WV 25405, or by email at [email protected] Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    1. Type of Information Collection: Revision of a currently approved collection.

    2. The Title of the Form/Collection: Application and Permit for Permanent Exportation of Firearms (National Firearms Act).

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number: ATF F 9 (5320.9).

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for-profit.

    Other: Individuals or households.

    Abstract: ATF Form 9 (5320.9) is typically used by a Federal firearms licensee who has paid the special (occupational) tax to deal, manufacture or import NFA firearms. The form must be filed (in quadruplicate) for approval to permanently export NFA firearms registered in the National Firearms Registration and Transfer Record. Once authorization has been granted, one copy is retained by ATF and the remaining copies returned to the exporter to establish that the exportation took place and claim relief from liability for the transfer tax.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 1,339 respondents will utilize the form, and it will take each respondent 18 minutes to complete the form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 401 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.

    Dated: November 1, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-26704 Filed 11-3-16; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF JUSTICE [OMB Number 1117-0052] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: National Drug Threat Survey AGENCY:

    Drug Enforcement Administration, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Drug Enforcement Administration, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This collection was previously published in the Federal Register at 81 FR 59656, on August 30, 2016, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until December 5, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Kirsten Waters, Unit Chief, Domestic Strategic Intelligence Unit, Office of Strategic Intelligence and Programs, Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, VA 22152. Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection: Extension of a currently approved collection.

    2. The Title of the Form/Collection: National Drug Threat Survey.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: None.

    4. Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes state, local and tribal law enforcement agencies. Combined with other Federal, state, and local information, the survey is used to present an accurate picture of the national drug threat.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that approximately 12,782 respondents will complete the survey within approximately 33 minutes.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is 4218. This figure was derived by multiplying the number of respondents (12,782) × frequency of response (1) × hours (0.33). The estimate time for response is a conservative estimate. The technology available to the respondent will further reduce response time.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: November 1, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-26703 Filed 11-3-16; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE [OMB Number 1121-0030] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection: Capital Punishment Report of Inmates Under Sentence of Death AGENCY:

    Bureau of Justice Statistics, Department of Justice.

    ACTION:

    30-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Statistics, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register at 81 FR 41352-41353, on June 24, 2016, allowing for a 60-day comment period.

    DATES:

    Comments are encouraged and will be accepted for 30 days until December 5, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Tracy L. Snell, Statistician, Bureau of Justice Statistics, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-616-3288). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of this information collection:

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) The Title of the Form/Collection: Capital Punishment Report of Inmates under Sentence of Death.

    (3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form numbers for the questionnaires are: NPS-8, Report of Inmates under Sentence of Death; NPS-8A Update Report of Inmate under Sentence of Death; NPS-8B Status of Death Penalty—No Statute in Force; and NPS-8C Status of Death Penalty—Statute in Force. The applicable component within the Department of Justice is the Bureau of Justice Statistics, in the Office of Justice Programs.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Respondents will be staff from state departments of correction, state Attorneys General, and the Federal Bureau of Prisons. Staff responsible for keeping records on inmates under sentence of death in their jurisdiction and in their custody are asked to provide information for the following categories: Condemned inmates' demographic characteristics, legal status at the time of capital offense, capital offense for which imprisoned, number of death sentences imposed, criminal history information, reason for removal and current status if no longer under sentence of death, method of execution, and cause of death by means other than execution. BJS plans to publish this information in reports and reference it when responding to queries from the U.S. Congress, Executive Office of the President, the U.S. Supreme Court, state officials, international organizations, researchers, students, the media, and others interested in criminal justices statistics.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 117 responses at 30 minutes each for the NPS-8; 3,215 responses at 30 minutes each for the NPS-8A; and 52 responses at 15 minutes each for the NPS-8B or NPS-8C.

    (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 1,539.5 annual total burden hours associated with the collection.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: November 1, 2016. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2016-26705 Filed 11-3-16; 8:45 am] BILLING CODE 4410-18-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

    On October 31, 2016, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Connecticut in the lawsuit entitled United States and State of Connecticut v. Eastgate Plaza, LLC, Civil Action No. 3:16-cv-01796.

    In the Complaint, the United States, on behalf of the U.S. Environmental Protection Agency (EPA), and the State of Connecticut, on behalf of the Connecticut Department of Energy and Environmental Protection (CT DEEP), allege that the defendant, Eastgate Plaza, LLC, is liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601, et seq., in connection with the Scovill Industrial Landfill Superfund Site in Waterbury, Connecticut. The consent decree is based in part on Eastgate's limited financial circumstances. The proposed Consent Decree requires Eastgate to, among other things, pay $100,000 toward EPA's and CT DEEP's past response costs; provide access to its property to allow for remedial actions to take place; institute institutional controls to restrict development and excavation of that property; and consent to a judgment in the amount of $13.7 million, which will be placed as a lien against the property.

    The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Connecticut v. Eastgate Plaza, LLC, D.J. Ref. No. 90-11-3-11297. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected]. By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $10.75 (25 cents per page reproduction cost, including Appendices), payable to the United States Treasury.

    Robert E. Maher Jr., Assistant Chief, Environmental Enforcement Section, Environment & Natural Resources Division.
    [FR Doc. 2016-26694 Filed 11-3-16; 8:45 am] BILLING CODE 4410-15-P
    DEPARTMENT OF LABOR Employment and Training Administration Federal-State Unemployment Compensation Program: Certifications for 2016 Under the Federal Unemployment Tax Act AGENCY:

    Employment and Training Administration, Labor.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.

    Signed in Washington, DC, October 31, 2016. Portia Wu, Assistant Secretary, Employment and Training Administration. October 31, 2016 The Honorable Jacob J. Lew Secretary of the Treasury Department of the Treasury 1500 Pennsylvania Avenue, N.W. Washington, DC 20220 Dear Secretary Lew: Transmitted herewith are an original and one copy of the certifications of the states and their unemployment compensation laws for the 12-month period ending on October 31, 2016. One is required with respect to the normal federal unemployment tax credit by Section 3304 of the Internal Revenue Code of 1986 (IRC), and the other is required with respect to the additional tax credit by Section 3303 of the IRC. Both certifications list all 53 jurisdictions. Sincerely, THOMAS E. PEREZ Enclosures UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON, D.C. CERTIFICATION OF STATES TO THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3304(c) OF THE INTERNAL REVENUE CODE OF 1986

    In accordance with the provisions of Section 3304(c) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(c)), I hereby certify the following named states to the Secretary of the Treasury for the 12-month period ending on October 31, 2016, in regard to the unemployment compensation laws of those states, which heretofore have been approved under the Federal Unemployment Tax Act:

    Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming

    This certification is for the maximum normal credit allowable under Section 3302(a) of the Code.

    Signed at Washington, D.C., on October 31, 2016. THOMAS E. PEREZ UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON, D.C. CERTIFICATION OF STATE UNEMPLOYMENT COMPENSATION LAWS TO THE SECRETARY OF THE TREASURY PURSUANT TO SECTION 3303(b)(1) OF THE INTERNAL REVENUE CODE OF 1986

    In accordance with the provisions of paragraph (1) of Section 3303(b) of the Internal Revenue Code of 1986 (26 U.S.C. 3303(b)(1)), I hereby certify the unemployment compensation laws of the following named states, which heretofore have been certified pursuant to paragraph (3) of Section 3303(b) of the Code, to the Secretary of the Treasury for the 12-month period ending on October 31, 2016:

    Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Virgin Islands Washington West Virginia Wisconsin Wyoming

    This certification is for the maximum additional credit allowable under Section 3302(b) of the Code, subject to the limitations of Section 3302(c) of the Code.

    Signed at Washington, D.C., on October 31, 2016. Thomas E. Perez
    [FR Doc. 2016-26691 Filed 11-3-16; 8:45 am] BILLING CODE 4510-30-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; American Time Use Survey ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, “American Time Use Survey,” to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before December 5, 2016.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201607-1220-003 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-BLS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    This ICR seeks to extend PRA authority for the American Time Use Survey (ATUS) information collection. The ATUS is the first Federally administered continuous national survey on time use in the U.S. The ATUS measures, for example, time spent with children, working, sleeping, or doing leisure activities. Several existing Federal surveys in the U.S. collect income and wage data for individuals and families, and analysts often use such measures of material prosperity as proxies for quality of life. Time-use data substantially augment these quality-of-life measures. The data also can be used in conjunction with wage data to evaluate the contribution of non-market work to national economies. This enables comparisons of production between nations that have different mixes of market and non-market activities. The BLS Authorizing Statue authorizes this information collection. See 29 U.S.C. 1.

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1220-0175.

    OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on December 31, 2016. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 26, 2016 (81 FR 48849).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1220-0175. The OMB is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-BLS.

    Title of Collection: American Time Use Survey.

    OMB Control Number: 1220-0175.

    Affected Public: Individuals or Households.

    Total Estimated Number of Respondents: 11,800.

    Total Estimated Number of Responses: 11,800.

    Total Estimated Annual Time Burden: 3,442 hours.

    Total Estimated Annual Other Costs Burden: $0.

    Authority:

    44 U.S.C. 3507(a)(1)(D).

    Dated: October 28, 2016. Michel Smyth, Departmental Clearance Officer.
    [FR Doc. 2016-26692 Filed 11-3-16; 8:45 am] BILLING CODE 4510-24-P
    DEPARTMENT OF LABOR Mine Safety and Health Administration [OMB Control No. 1219-0124] Proposed Extension of Information Collection; Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines) AGENCY:

    Mine Safety and Health Administration, Labor.

    ACTION:

    Request for public comments.

    SUMMARY:

    The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995. This program helps to assure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection for Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines)

    DATES:

    All comments must be received on or before January 3, 2017.

    ADDRESSES:

    Comments concerning the information collection requirements of this notice may be sent by any of the methods listed below.

    Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments for docket number MSHA-2016-0031.

    Regular Mail: Send comments to USDOL-MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, VA 22202-5452.

    Hand Delivery: USDOL-Mine Safety and Health Administration, 201 12th Street South, Suite 4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th floor via the East elevator.

    FOR FURTHER INFORMATION CONTACT:

    Sheila McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email); 202-693-9440 (voice); or 202-693-9441 (facsimile).

    SUPPLEMENTARY INFORMATION: I. Background

    Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 813(h), authorizes the Mine Safety and Health Administration (MSHA) to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, Section 101(a) of the Mine Act, 30 U.S.C. 811 authorizes the Secretary to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines.

    MSHA established standards and regulations for diesel-powered equipment in underground coal mines that provide additional important protection for coal miners who work on and around diesel-powered equipment. The standards were designed to reduce the risks to underground coal miners of serious health hazards that are associated with exposure to high concentrations of diesel particulate matter. The standards contain information collection requirements for underground coal mine operators in sections 72.510(a) & (b), and 72.520(a) & (b).

    Section 72.510(a) requires underground coal mine operators to provide annual training to all miners who may be exposed to diesel emissions. The training must include health risks associated with exposure to diesel particulate matter; methods used in the mine to control diesel particulate concentrations; identification of the personnel responsible for maintaining those controls; and actions miners must take to ensure controls operate as intended.

    Section 72.510(b) requires underground coal mine operators to keep a record of the training for one year.

    Section 72.520(a) and (b) requires underground coal mine operators to maintain an inventory of diesel powered equipment units together with a list of information about any unit's emission control or filtration system. The list must be updated within 7 calendar days of any change.

    II. Desired Focus of Comments

    MSHA is soliciting comments concerning the proposed information collection related to Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines). MSHA is particularly interested in comments that:

    • Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;

    • Evaluate the accuracy of MSHA's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    • Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    The information collection request will be available on http://www.regulations.gov. MSHA cautions the commenter against providing any information in the submission that should not be publicly disclosed. Full comments, including personal information provided, will be made available on www.regulations.gov and www.reginfo.gov.

    The public may also examine publicly available documents at USDOL-Mine Safety and Health Administration, 201 12th South, Suite 4E401, Arlington, VA 22202-5452. Sign in at the receptionist's desk on the 4th floor via the East elevator.

    Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION section of this notice.

    III. Current Actions

    This request for collection of information contains provisions for Health Standards for Diesel Particulate Matter Exposure (Underground Coal Mines). MSHA has updated the data with respect to the number of respondents, responses, burden hours, and burden costs supporting this information collection request.

    Type of Review: Extension of a currently approved collection.

    Agency: Mine Safety and Health Administration.

    OMB Number: 1219-0124.

    Affected Public: Business or other for-profit.

    Number of Respondents: 220.

    Frequency: On occasion.

    Number of Responses: 74,282.

    Annual Burden Hours: 936 hours.

    Annual Respondent or Recordkeeper Cost: $13.

    MSHA Forms: None.

    Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

    Sheila McConnell, Certifying Officer.
    [FR Doc. 2016-26733 Filed 11-3-16; 8:45 am] BILLING CODE 4510-43-P
    LEGAL SERVICES CORPORATION Notice of Intent To Award—Grant Awards for the Provision of Civil Legal Services to Eligible Low-Income Clients Beginning January 1, 2017 AGENCY:

    Legal Services Corporation.

    ACTION:

    Announcement of intention to make FY 2017 Grant Awards.

    SUMMARY:

    The Legal Services Corporation (LSC) hereby announces its intention to award grants to provide economical and effective delivery of high quality civil legal services to eligible low-income clients, beginning January 1, 2017.

    DATES:

    All comments and recommendations must be received on or before the close of business on December 5, 2016.

    ADDRESSES:

    Legal Services Corporation—Grants Awards, Legal Services Corporation; 3333 K Street NW., Third Floor, Washington, DC 20007.

    FOR FURTHER INFORMATION CONTACT:

    Reginald Haley, Office of Program Performance, at (202) 295-1545, or [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to LSC's announcement of funding availability on March 24, 2016, 81 FR 15754, and Grant Renewal applications due beginning June 1, 2016, LSC intends to award funds to provide civil legal services in the indicated service areas. Applicants for each service area are listed below. The amounts below are estimates based on the 2016 grant awards to each service area. The estimates incorporate the adjustments for the agricultural worker population as described at http://www.lsc.gov/ag-worker-data. The funding estimates may change based on the final FY2017 appropriation.

    LSC will post all updates and/or changes to this notice at http://www.grants.lsc.gov/grants-grantee-resources. Interested parties are asked to visit http://www.grants.lsc.gov/grants-grantee-resources regularly for updates on the LSC grants process.

    Name of applicant organization State Service
  • area
  • Estimated
  • annualized
  • 2017 funding
  • Alaska Legal Services Corporation AK AK-1 $741,073 Alaska Legal Services Corporation AK NAK-1 556,121 Legal Services Alabama AL AL-4 6,123,393 Legal Aid of Arkansas AR AR-6 1,469,531 Center for Arkansas Legal Services AR AR-7 2,134,386 American Samoa Legal Aid AS AS-1 216,951 Community Legal Services AZ MAZ 178,985 Community Legal Services AZ AZ-3 5,431,956 Southern Arizona Legal Aid AZ AZ-5 2,141,137 DNA-Peoples Legal Services AZ AZ-2 426,023 Southern Arizona Legal Aid AZ NAZ-6 655,456 DNA-Peoples Legal Services AZ NAZ-5 2,683,310 California Rural Legal Assistance CA MCA 2,617,000 California Indian Legal Services CA CA-1 20,117 Greater Bakersfield Legal Assistance CA CA-2 1,144,116 Central California Legal Services CA CA-26 3,228,962 Legal Aid Foundation of Los Angeles CA CA-29 6,155,682 Neighborhood Legal Services of Los Angeles County CA CA-30 4,383,963 Inland Counties Legal Services CA CA-12 5,277,785 Legal Services of Northern California CA CA-27 3,876,782 Legal Aid Society of San Diego CA CA-14 2,989,977 California Rural Legal Assistance CA CA-31 5,018,808 Bay Area Legal Aid CA CA-28 4,122,146 Legal Aid Society of Orange County CA CA-19 3,854,358 California Indian Legal Services CA NCA-1 908,493 Colorado Legal Services CO MCO 180,774 Colorado Legal Services CO CO-6 4,121,449 Colorado Legal Services CO NCO-1 98,754 Statewide Legal Services of Connecticut CT CT-1 2,519,312 Pine Tree Legal Assistance CT NCT-1 16,099 Neighborhood Legal Services Program of DC DC DC-1 754,782 Legal Services Corporation of Delaware DE DE-1 754,969 Legal Aid Bureau DE MDE 19,218 Florida Rural Legal Services FL MFL 730,538 Community Legal Services of Mid-Florida FL FL-15 4,640,897 Florida Rural Legal Services FL FL-17 3,902,016 Legal Services of Greater Miami FL FL-5 3,569,324 Legal Services of North Florida FL FL-13 1,435,752 Bay Area Legal Services FL FL-16 3,398,986 Three Rivers Legal Services FL FL-14 2,137,273 Coast to Coast Legal Aid of South Florida FL FL-18 2,089,796 Georgia Legal Services Program GA MGA 335,199 Atlanta Legal Aid Society GA GA-1 3,796,481 Georgia Legal Services Program GA GA-2 8,131,242 Guam Legal Services Corporation GU GU-1 244,499 Legal Aid Society of Hawaii HI HI-1 1,284,668 Legal Aid Society of Hawaii HI NHI-1 235,552 Iowa Legal Aid IA MIA 181,450 Iowa Legal Aid IA IA-3 2,327,206 Idaho Legal Aid Services ID MID 220,047 Idaho Legal Aid Services ID ID-1 1,403,078 Idaho Legal Aid Services ID NID-1 66,807 Legal Assistance Foundation IL MIL 252,971 Legal Assistance Foundation IL IL-6 5,866,002 Land of Lincoln Legal Assistance Foundation IL IL-3 2,547,340 Prairie State Legal Services IL IL-7 3,641,385 Indiana Legal Services IN MIN 150,120 Indiana Legal Services IN IN-5 6,494,476 Kansas Legal Services KS KS-1 2,610,245 Legal Aid of the Bluegrass KY KY-10 1,459,451 Legal Aid Society KY KY-2 1,271,594 Appalachian Research and Defense Fund of Kentucky KY KY-5 1,613,022 Kentucky Legal Aid KY KY-9 1,118,558 Acadiana Legal Service Corporation LA LA-10 1,474,467 Acadiana Legal Service Corporation LA LA-11 1,551,192 Legal Services of North Louisiana LA LA-11 1,551,192 Southeast Louisiana Legal Services Corporation LA LA-13 3,000,372 Pine Region Legal Aid LA LA-11 1,551,192 Volunteer Lawyers Project of the Boston Bar Assoc. MA MA-11 2,013,002 South Coastal Counties Legal Services MA MA-12 841,595 Northeast Legal Aid MA MA-4 803,653 Community Legal Aid MA MA-10 1,469,369 Legal Aid Bureau MD MD-1 3,951,576 Legal Aid Bureau MD MMD 71,248 Pine Tree Legal Assistance ME MMX-1 190,835 Pine Tree Legal Assistance ME ME-1 1,170,642 Pine Tree Legal Assistance ME NME-1 66,279 Michigan Advocacy Program MI MMI 467,389 Michigan Advocacy Program MI MI-12 1,512,391 Legal Services of Eastern Michigan MI MI-14 1,552,347 Lakeshore Legal Aid MI MI-13 4,196,162 Legal Services of Northern Michigan MI MI-9 785,785 Legal Aid of Western Michigan MI MI-15 2,186,083 Michigan Indian Legal Services MI NMI-1 169,276 Southern Minnesota Regional Legal Services MN MMN 242,661 Legal Aid Service of Northeastern Minnesota MN MN-1 441,546 Central Minnesota Legal Services MN MN-6 1,623,247 Legal Services of Northwest Minnesota Corporation MN MN-4 317,581 Southern Minnesota Regional Legal Services MN MN-5 1,544,668 Anishinabe Legal Services MN NMN-1 245,745 Legal Aid of Western Missouri MO MMO 138,747 Legal Aid of Western Missouri MO MO-3 1,931,134 Legal Services of Eastern Missouri MO MO-4 1,911,602 Mid-Missouri Legal Services Corporation MO MO-5 447,967 Legal Services of Southern Missouri MO MO-7 1,767,761 Micronesian Legal Services MP MP-1 1,226,169 North Mississippi Rural Legal Services MS MS-9 1,605,360 Mississippi Center for Legal Services MS MS-10 2,548,651 Mississippi Center for Legal Services MS NMS-1 85,478 Montana Legal Services Association MT MMT 80,800 Montana Legal Services Association MT MT-1 969,239 Montana Legal Services Association MT NMT-1 163,734 Legal Aid of North Carolina NC MNC 463,965 Legal Aid of North Carolina NC NC-5 10,917,178 Legal Aid of North Carolina NC NNC-1 224,422 Legal Services of North Dakota ND MND 118,864 Legal Services of North Dakota ND ND-3 442,219 Legal Services of North Dakota ND NND-3 276,997 Southern Minnesota Regional Legal Services ND MND 118,864 Legal Aid of Nebraska NE MNE 132,695 Legal Aid of Nebraska NE NE-4 1,417,656 Legal Aid of Nebraska NE NNE-1 33,990 Legal Advice & Referral Center NH NH-1 787,447 South Jersey Legal Services NJ MNJ 96,706 Legal Services of Northwest Jersey NJ NJ-15 403,334 South Jersey Legal Services NJ NJ-16 1,419,547 South Jersey Legal Services NJ NJ-12 814,019 Northeast New Jersey Legal Services Corporation NJ NJ-18 1,889,964 Essex-Newark Legal Services Project NJ NJ-8 875,601 Central Jersey Legal Services NJ NJ-17 1,136,456 New Mexico Legal Aid NM MNM 92,653 DNA-Peoples Legal Services NM NM-1 176,958 New Mexico Legal Aid NM NM-5 2,705,152 DNA-Peoples Legal Services NM NNM-2 23,363 New Mexico Legal Aid NM NNM-4 477,790 Nevada Legal Services NV NV-1 2,910,481 Nevada Legal Services NV NNV-1 136,737 Legal Aid Society of Mid-New York NY MNY 263,649 Legal Aid Society of Northeastern New York NY NY-21 1,273,393 Neighborhood Legal Services NY NY-24 1,221,550 Nassau/Suffolk Law Services Committee NY NY-7 1,320,389 Legal Services NYC NY NY-9 11,755,163 Legal Assistance of Western New York NY NY-23 1,665,332 Legal Aid Society of Mid-New York NY NY-22 1,640,207 Legal Services of the Hudson Valley NY NY-20 1,750,874 Legal Aid of Western Ohio OH MOH 176,957 Community Legal Aid Services OH OH-20 1,787,044 Legal Aid Society of Greater Cincinnati OH OH-18 1,626,720 The Legal Aid Society of Cleveland OH OH-21 2,224,913 Ohio State Legal Services OH OH-24 3,372,394 Legal Aid of Western Ohio OH OH-23 2,991,786 Legal Aid Services of Oklahoma OK MOK 101,305 Legal Aid Services of Oklahoma OK OK-3 4,153,550 Oklahoma Indian Legal Services OK NOK-1 841,963 Legal Aid Services of Oregon OR MOR 507,357 Legal Aid Services of Oregon OR OR-6 3,888,067 Legal Aid Services of Oregon OR NOR-1 189,825 Philadelphia Legal Assistance Center PA MPA 173,957 Philadelphia Legal Assistance Center PA PA-1 2,650,840 Laurel Legal Services PA PA-5 591,589 MidPenn Legal Services PA PA-25 2,433,673 Neighborhood Legal Services Association PA PA-8 1,369,708 North Penn Legal Services PA PA-24 1,880,615 Southwestern Pennsylvania Legal Services PA PA-11 414,954 Northwestern Legal Services PA PA-26 651,714 Legal Aid of Southeastern Pennsylvania PA PA-23 1,306,338 Puerto Rico Legal Services PR MPR 175,940 Puerto Rico Legal Services PR PR-1 10,663,785 Community Law Office PR PR-2 239,716 Rhode Island Legal Services RI RI-1 989,001 South Carolina Legal Services SC MSC 165,865 South Carolina Legal Services SC SC-8 5,589,620 East River Legal Services SD SD-2 396,301 Dakota Plains Legal Services SD SD-4 400,598 Dakota Plains Legal Services SD NSD-1 960,128 Legal Aid of East Tennessee TN TN-9 2,508,380 Memphis Area Legal Services TN TN-4 1,559,629 Legal Aid Society of Middle TN and the Cumberlands TN TN-10 3,121,680 West Tennessee Legal Services TN TN-7 700,533 Texas RioGrande Legal Aid TX MSX-2 1,672,296 Legal Aid of NorthWest Texas TX TX-14 8,923,293 Lone Star Legal Aid TX TX-13 10,278,664 Texas RioGrande Legal Aid TX TX-15 10,565,783 Texas RioGrande Legal Aid TX NTX-1 32,183 Utah Legal Services UT MUT 73,289 Utah Legal Services UT UT-1 2,244,974 Utah Legal Services UT NUT-1 84,598 Central Virginia Legal Aid Society VA MVA 158,585 Legal Services of Northern Virginia VA VA-20 1,467,087 Southwest Virginia Legal Aid Society VA VA-15 711,526 Legal Aid Society of Eastern Virginia VA VA-16 1,291,796 Central Virginia Legal Aid Society VA VA-18 1,186,352 Virginia Legal Aid Society VA VA-17 895,898 Blue Ridge Legal Services VA VA-19 791,317 Legal Services of the Virgin Islands VI VI-1 161,119 Legal Services Law Line of Vermont VT VT-1 479,249 Northwest Justice Project WA MWA 667,471 Northwest Justice Project WA WA-1 5,563,807 Northwest Justice Project WA NWA-1 292,929 Legal Action of Wisconsin WI MWI 212,421 Legal Action of Wisconsin WI WI-5 3,904,788 Wisconsin Judicare WI WI-2 918,107 Wisconsin Judicare WI NWI-1 159,512 Legal Aid of West Virginia WV WV-5 2,235,497 Legal Aid of Wyoming WY WY-4 434,973 Legal Aid of Wyoming WY NWY-1 177,694

    These grants will be awarded under the authority conferred on LSC by section 1006(a)(1) of the Legal Services Corporation Act, 42 U.S.C. 2996e(a)(l). Awards will be made so that each service area is served, although no listed organization is guaranteed an award. Grants will become effective and grant funds will be distributed on or about January 1, 2017.

    This notice is issued pursuant to 42 U.S.C. 2996f(f). Comments and recommendations concerning potential grantees are invited, and should be delivered to LSC within 30 days from the date of publication of this notice.

    Dated: November 1, 2016. Katherine Ward, Executive Assistant to the General Counsel and Vice President for Legal Affairs.
    [FR Doc. 2016-26675 Filed 11-3-16; 8:45 am] BILLING CODE 7050-01-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA-2017-002] Privacy Act of 1974, as Amended; System of Records Notice AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Notice revising Privacy Act system of records (SORN) for NARA 39.

    SUMMARY:

    The National Archives and Records Administration (NARA) proposes to revise its system of records on visitor services in its existing inventory of systems subject to the Privacy Act of 1974, as amended (“Privacy Act”). In this notice, NARA publishes the proposed revised NARA 39, Visitor Service System (VSS) Files (formerly Visitor Ticketing Application (VISTA) Files). NARA is revising SORN 39 to reflect a move to a cloud-hosted environment, which affects the system name, location information, and safeguards.

    DATES:

    This revised system of records, NARA 39, will become effective December 14, 2016 without further notice unless we receive comments by December 5, 2016 that cause us to revise it. NARA will publish a new notice if we must delay the effective date to review comments or make changes.

    ADDRESSES:

    You may submit comments, identified by “SORN NARA 39,” by one of the following methods:

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

    Email: [email protected] Include SORN NARA 39 in the subject line of the message.

    Mail (for paper, disk, or CD-ROM submissions. Include SORN NARA 39 on the submission): Regulations Comment Desk, Strategy and Performance Division (SP); Suite 4100; National and Archives Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001

    Hand delivery or courier: Deliver comments to front desk at the address above.

    Instructions: All submissions must include NARA's name and SORN NARA 39. We may publish any comments we receive without changes, including any personal information you include.

    FOR FURTHER INFORMATION CONTACT:

    Kimberly Keravuori, External Policy Program Manager, by email at [email protected], or by telephone at 301-837-3151.

    SUPPLEMENTARY INFORMATION:

    The notice for this system of records states the record system's name and location, authority for and manner of operation, categories of individuals it covers, types of records it contains, sources of information in the records, and the “routine uses” from Appendix A for which the agency may use the information. Appendix B includes the business address of the NARA official you may contact to find out how you may access and correct records pertaining to yourself. You may find Appendix A and Appendix B on NARA's Web site at https://www.archives.gov/privacy/inventory.html.

    The Privacy Act provides certain safeguards for an individual against an invasion of personal privacy. It requires Federal agencies that disseminate any record of personally identifiable information to do so in a manner that assures the action is for a necessary and lawful purpose, the information is current and accurate for its intended use, and the agency provides adequate safeguards to prevent misuse of such information. NARA intends to follow these principles when transferring information to another agency or individual as a “routine use,” including assuring that the information is relevant for the purposes for which it is transferred.

    David S. Ferriero, Archivist of the United States. NARA 39 SYSTEM NAME:

    Visitor Service System (VSS) Files.

    SYSTEM LOCATION:

    The system data is in a cloud-hosted environment, located in the continental United States.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals covered by this system include people who purchase tickets to Presidential libraries, serve as points of contact for groups visiting the Presidential libraries, and are invited guests to special events at the libraries.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    VSS files may include the following information on an individual: Name, mailing address, telephone number, email address, and credit card information.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    44 U.S.C. 2108, 2111 note, 2112, and 2203(f)(1).

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    NARA maintains the VSS files on individuals to: Store information on groups that interact with the library; conduct outreach with the points of contact in these groups to maintain visitor levels and improve service; study visitor data over time; communicate confirmation letters to visitors, and store information on those attending special events. Libraries may disclose the information to support their Presidential library foundations, and where a library is co-located with a National Park, to the National Park Service. The routine use statements A, C, E, F, G, and H, described in Appendix A, also apply to this system of records.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Electronic records.

    RETRIEVABILITY:

    Staff may retrieve information in the records by the individual's name or any of the other categories of information in the database.

    SAFEGUARDS:

    Staff access the electronic records via password-protected workstations located in attended offices or through a secure, remote-access network. After business hours, buildings have security guards and/or secured doors, and electronic surveillance equipment monitors all entrances.

    RETENTION AND DISPOSAL:

    NARA retains and disposes of the records in accordance with the NARA Records Control Schedule and the General Records Schedules approved by the National Archives and Records Administration.

    SYSTEM MANAGER(S) AND ADDRESS:

    The system manager is the Director, Office of Presidential Libraries. The business address for the system manager is listed in Appendix B.

    NOTIFICATION PROCEDURE:

    People inquiring about their records should notify the NARA Privacy Act Officer at the address listed in Appendix B.

    RECORD ACCESS PROCEDURES:

    People who wish to access their records should submit a request in writing to the NARA Privacy Act Officer at the address listed in Appendix B.

    CONTESTING RECORD PROCEDURES:

    NARA's rules for contesting the contents of a person's records and appealing initial determinations are in 36 CFR part 1202.

    RECORD SOURCE CATEGORIES:

    NARA obtains information in the VSS files from visitors and from NARA employees who maintain the files.

    [FR Doc. 2016-26696 Filed 11-3-16; 8:45 am] BILLING CODE 7515-01-P
    NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

    Name: Business and Operations Advisory Committee (9556)

    Date/Time: November 29, 2016; 1:00 p.m. to 5:30 p.m. (EST)

    November 30, 2016; 8:00 a.m. to 12:00 p.m. (EST)

    Place: National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230; Stafford I, Room 1235.

    Type of Meeting: Open.

    Contact Person: Joan Miller, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; (703) 292-8200.

    Purpose of Meeting: To provide advice concerning issues related to the oversight, integrity, development and enhancement of NSF's business operations.

    Agenda Tuesday, November 29, 2016; 1:00 p.m.-5:30 p.m.

    Welcome/Introductions; BFA/OIRM/OLPA Updates; NSF Strategic Plan; BOAC and Operations with its Subcommittees; Update from Subcommittee on National Academy of Public Administration (NAPA); Application of Lessons Learned from Other Lessons-Learned Programs.

    Wednesday, November 30, 2016; 8:00 a.m.-12:00 p.m.

    Results from the 2016 Federal Employees Viewpoint Survey (FEVS); Discussion with Director and Chief Operating Officer; Update: Committee on Equal Opportunities in Science and Engineering (CEOSE); Meeting Wrap-Up.

    Dated: November 1, 2016. Crystal Robinson, Committee Management Officer.
    [FR Doc. 2016-26666 Filed 11-3-16; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978 AGENCY:

    National Science Foundation.

    ACTION:

    Notice of permit modification request received and permit issued under the Antarctic Conservation Act of 1978.

    SUMMARY:

    The National Science Foundation (NSF) is required to publish a notice of requests to modify permits issued to conduct activities regulated and permits issued under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 671 of the Code of Federal Regulations. This is the required notice of a requested permit modification and permit issued.

    FOR FURTHER INFORMATION CONTACT:

    Nature McGinn, ACA Permit Officer, Division of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Or by email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Foundation issued a permit (ACA 2016-008) to David Rootes, Environmental Manager, Antarctic Logistics and Expeditions, LLC, on October 23, 2015. The issued permit allows the applicant to operate a remote camp at Union Glacier, Antarctica, and provide logistical support services for scientific and other expeditions, film crews, and tourists. These activities include aircraft support, cache positioning, camp and field support, resupply, search and rescue, medevac, medical support and logistic support for some National Operators.

    Now the applicant proposes a permit modification to continue permitted activities, including minimization, mitigation, and monitoring of waste, for the 2016-2017 Antarctic season. The Environmental Officer has reviewed the modification request and has determined that the amendment is not a material change to the permit, and it will have a less than a minor or transitory impact.

    DATES: October 23, 2015 to February 28, 2020.

    The permit modification was issued on October 31, 2016.

    Nadene G. Kennedy, Polar Coordination Specialist, Division of Polar Programs.
    [FR Doc. 2016-26622 Filed 11-3-16; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Advisory Committee for Education and Human Resources; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

    Name: Advisory Committee for Education and Human Resources (#1119).

    Date/Time: November 30, 2016; 8:00 a.m.-5:00 p.m.

    December 1, 2016; 8:00 a.m.-1:00 p.m.

    Place: National Science Foundation, 4201 Wilson Boulevard, Room 375, Arlington, VA 22230.

    Operated assisted teleconference is available for this meeting. Call 888-658-9757 with password EHRAC and you will be connected t