Federal Register Vol. 81, No.38,

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range9741-10056
FR Document

81_FR_38
Current View
Page and SubjectPDF
81 FR 9860 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
81 FR 9887 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Summary of Benefits and Coverage and Uniform Glossary Required Under the Affordable Care ActPDF
81 FR 9945 - Proposed Collection; Comment Request for Regulations ProjectPDF
81 FR 9766 - Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related ActivitiesPDF
81 FR 9888 - Proposed Collection; Comment RequestPDF
81 FR 9828 - Applications for New Awards; Training and Information for Parents of Children With Disabilities-Community Parent Resource CentersPDF
81 FR 9814 - Applications for New Awards; Training and Information for Parents of Children With Disabilities-Parent Training and Information CentersPDF
81 FR 9822 - Applications for New Awards; Alaska Native and Native Hawaiian-Serving Institutions ProgramPDF
81 FR 9930 - Notice of Opportunity for Public Comment on Surplus Property Release at Beverly Airport in Beverly, MAPDF
81 FR 9763 - Removal of Exemption From Registration for Persons Authorized Under U.S. Nuclear Regulatory Commission or Agreement State Medical Use Licenses or Permits and Administering the Drug Product DaTscanPDF
81 FR 9927 - Notice of Opportunity for Public Comment on Disposal of Airport Property at Berlin Regional Airport in Milan, NHPDF
81 FR 9935 - Notice of Funding Opportunity for the Department of Transportation's National Infrastructure Investments Under the Consolidated Appropriations Act, 2016PDF
81 FR 9929 - Thirty-Ninth Meeting: RTCA Special Committee (224) Airport Security Access Control SystemsPDF
81 FR 9944 - Proposed Information Collection Request; Notice of New Requirements and Procedures for Grant Payment Request SubmissionPDF
81 FR 9933 - Notice of Buy America WaiverPDF
81 FR 9928 - Eighty-Fourth Meeting: RTCA Special Committee (147) Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne EquipmentPDF
81 FR 9927 - Seventeenth Meeting: RTCA Special Committee (227) Standards of Navigation PerformancePDF
81 FR 9926 - Meeting: RTCA Program Management Committee (PMC)PDF
81 FR 9809 - Meeting of the Advisory Committee to the United States Delegation to the International Commission for the Conservation of Atlantic TunasPDF
81 FR 9787 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management AreaPDF
81 FR 9945 - Submission for OMB Review; Comment RequestPDF
81 FR 9946 - Submission for OMB Review; Comment RequestPDF
81 FR 9805 - Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015PDF
81 FR 9925 - Ninety-Fifth Meeting: RTCA Special Committee (159) Global Positioning System (GPS)PDF
81 FR 9806 - Stainless Steel Butt-Weld Pipe Fittings From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015PDF
81 FR 9797 - 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting RulePDF
81 FR 9797 - Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas SystemsPDF
81 FR 9928 - Sixty-Fifth Meeting: RTCA Special Committee (186) Global Positioning System (GPS)PDF
81 FR 9881 - Notice of Availability for Public Review of Mining Plan of Operations for Claims Within Denali National Park and Preserve, AlaskaPDF
81 FR 9922 - Privacy Act; System of Records: Protocol Records, State-33.PDF
81 FR 9786 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit ReductionPDF
81 FR 9856 - ASUSTeK Computer, Inc.; Analysis of Proposed Consent Order To Aid Public CommentPDF
81 FR 9783 - Defense Federal Acquisition Regulation Supplement: Uniform Procurement Identification (DFARS Case 2015-D011)PDF
81 FR 9929 - Forty-Third Meeting: RTCA Special Committee (206) Aeronautical Information and Meteorological Data Link ServicesPDF
81 FR 9813 - Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of EstoniaPDF
81 FR 9848 - Environmental Impact Statements; Notice of AvailabilityPDF
81 FR 9812 - Advisory Committee on Arlington National Cemetery; Request for NominationsPDF
81 FR 9813 - Inland Waterways Users Board Meeting NoticePDF
81 FR 9884 - Notice of Federal Advisory Committee MeetingPDF
81 FR 9865 - Submission for OMB Review; 30-Day Comment Request The Sister Study: A Prospective Study of the Genetic and Environmental Risk Factors for Breast Cancer (NIEHS)PDF
81 FR 9865 - Submission for OMB Review; 30-Day Comment Request: A Clearance for the Eunice Kennedy Shriver National Institute of Child Health and Human Development Data and Specimen Hub (DASH)PDF
81 FR 9879 - Renewal of Approved Information Collection; Control No. 1004-0058PDF
81 FR 9862 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Tobacco Retailers on Tobacco Retailer Training ProgramsPDF
81 FR 9810 - Procurement List; Addition And DeletionsPDF
81 FR 9811 - Procurement List; Proposed Additions and DeletionsPDF
81 FR 9880 - Renewal of Approved Information CollectionPDF
81 FR 9768 - Mandatory Declassification Review ProgramPDF
81 FR 9809 - New England Fishery Management Council; Public MeetingPDF
81 FR 9808 - Caribbean Fishery Management Council; Public MeetingPDF
81 FR 9885 - Agency Information Collection Activities Proposed eCollection eComments Requested; Extension, Without Change, of a Currently Approved Collection Juvenile Residential Facility Census (JRFC)PDF
81 FR 9808 - Caribbean Fishery Management Council (CFMC); Public MeetingsPDF
81 FR 9861 - Submission for OMB Review; Comment RequestPDF
81 FR 9947 - Advisory Committee on Homeless Veterans; Notice of MeetingPDF
81 FR 9924 - County of Greenville, S.C.-Acquisition Exemption-Rail Line of Greenville County Economic Development CorporationPDF
81 FR 9840 - Alpine Pacific Utilities, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
81 FR 9843 - Ketchikan Public Utilities; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 9838 - South Carolina Electric & Gas Co.; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 9844 - Brookfield Power Piney and Deep Creek, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 9841 - Combined Notice of FilingsPDF
81 FR 9843 - Combined Notice of Filings #2PDF
81 FR 9837 - Combined Notice of Filings #1PDF
81 FR 9835 - Eugene Water and Electric Board; Notice of Designation of Certain Commission Personnel as Non-DecisionalPDF
81 FR 9837 - Central Hudson Gas & Electric Corporation; Tucson Electric Power Company; UNS Electric, Inc; UniSource Energy Development Company; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
81 FR 9838 - Arizona Public Service Company; Notice of Institution of Section 206 Proceeding and Refund Effective DatePDF
81 FR 9836 - Notice of Effectiveness of Exempt Wholesale Generator StatusPDF
81 FR 9845 - Impulsora Pipeline, LLC; Notice of Application To AmendPDF
81 FR 9847 - Morongo Transmission LLC; Notice of Petiton for Declaratory OrderPDF
81 FR 9846 - Cameron Interstate Pipeline LLC; Notice of Application To AmendPDF
81 FR 9842 - Northern Natural Gas Company; Notice of Schedule for Environmental Review of the Gaines County Crossover Compressor Station ProjectPDF
81 FR 9841 - Combined Notice of Filings #2PDF
81 FR 9836 - Millennium Pipeline Company, L.L.C.; Notice of Schedule for Environmental Review of the Valley Lateral ProjectPDF
81 FR 9847 - Dominion Carolina Gas Transmission, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Columbia to Eastover ProjectPDF
81 FR 9839 - Notice of Availability of the Draft Environmental Impact Statement for the Proposed Rover Pipeline, Panhandle Backhaul, and Trunkline Backhaul ProjectsPDF
81 FR 9846 - Combined Notice of Filings #1PDF
81 FR 9925 - Genesee & Wyoming Inc.-Continuance in Control Exemption-Olympia & Belmore Railroad, Inc.PDF
81 FR 9924 - Olympia & Belmore Railroad, Inc.-Lease and Operation Exemption Including Interchange Commitment-BNSF Railway CompanyPDF
81 FR 9790 - Airworthiness Directives; Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) AirplanesPDF
81 FR 9931 - Environmental Impact Statement; Collier County, FloridaPDF
81 FR 9877 - Fisheries and Habitat Conservation; Draft Supplemental Environmental Impact Statement for the Ballville Dam Project on the Sandusky River, Sandusky County, OhioPDF
81 FR 9799 - Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in AlaskaPDF
81 FR 9856 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
81 FR 9855 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
81 FR 9851 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
81 FR 9850 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
81 FR 9882 - Certain Uncoated Paper From Australia, Brazil, China, Indonesia, and Portugal; DeterminationsPDF
81 FR 9761 - The Food and Drug Administration Food Safety Modernization Act: Prevention-Oriented Import System Regulations and Implementation; Public MeetingPDF
81 FR 9932 - Agency Information Collection Activity Under OMB ReviewPDF
81 FR 9770 - Drawbridge Operation Regulation; Jamaica Bay and Connecting Waterways, Queens, NYPDF
81 FR 9921 - Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service))-Match Number 1304PDF
81 FR 9870 - Agency Information Collection Activities: Application for Identification CardPDF
81 FR 9870 - Agency Information Collection Activities: Declaration for Free Entry of Unaccompanied ArticlesPDF
81 FR 9920 - Alabama Disaster # AL-00061PDF
81 FR 9851 - Information Collections Being Submitted for Review and Approval to the Office of Management and BudgetPDF
81 FR 9885 - Labor Certification Process for the Temporary Employment of H-2A and H-2B Aliens in the United States: 2016 Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including LodgingPDF
81 FR 9919 - Alaska Disaster #AK-00035PDF
81 FR 9881 - Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sale, Central Planning Area Lease Sale 247; MMAA104000PDF
81 FR 9898 - Brookfield Asset Management Private Institutional Capital Adviser US, LLC et al.; Notice of ApplicationPDF
81 FR 9900 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Amendment No. 4 to, and Order Instituting Proceedings to Determine Whether to Approve or Disapprove, a Proposed Rule Change, as Modified by Amendment No. 4 Thereto, Amending NYSE Arca Equities Rule 8.600 to Adopt Generic Listing Standards for Managed Fund SharesPDF
81 FR 9920 - Oregon Disaster #OR-00080PDF
81 FR 9889 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing of Amendments No. 1, No. 3, and No. 4 to, and Order Instituting Proceedings to Determine Whether To Approve or Disapprove, a Proposed Rule Change, as Modified by Amendments No. 1, No. 3, and No. 4, To Amend BATS Rule 14.11(i) To Adopt Generic Listing Standards for Managed Fund SharesPDF
81 FR 9910 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Relating to LMMs and DPMsPDF
81 FR 9909 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Correct the Text of ISE Rule 313PDF
81 FR 9920 - Reporting and Recordkeeping Requirements Under OMB ReviewPDF
81 FR 9804 - Codex Alimentarius Commission: Meeting of the Codex Committee on Food LabelingPDF
81 FR 9869 - Submission for OMB Review; 30-Day Comment Request: The National Physician Survey of Precision Medicine in Cancer Treatment (NCI)PDF
81 FR 9867 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 9866 - National Cancer Institute; Notice of MeetingPDF
81 FR 9867 - Draft National Toxicology Program Monograph on Immunotoxicity Associated With Exposure to Perfluorooctanoic Acid or Perfluorooctane Sulfonate; Availability of Document; Request for Comments; Notice of MeetingPDF
81 FR 9883 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-American Society of Mechanical EngineersPDF
81 FR 9883 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-American Academy of Forensic SciencesPDF
81 FR 9884 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, Inc.PDF
81 FR 9883 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Pistoia Alliance, Inc.PDF
81 FR 9883 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Members of SGIP 2.0, Inc.PDF
81 FR 9884 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Heterogeneous System Architecture FoundationPDF
81 FR 9798 - Endangered and Threatened Wildlife and Plants; Removal of Solidago albopilosa (White-Haired Goldenrod) From the Federal List of Endangered and Threatened PlantsPDF
81 FR 9800 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin IslandsPDF
81 FR 9864 - Advisory Committee; Gastrointestinal Drugs Advisory Committee, RenewalPDF
81 FR 9859 - Medicare Program; Meeting of the Medicare Evidence Development and Coverage Advisory Committee-April 27, 2016PDF
81 FR 9931 - Fiscal Year 2014-2015 Public Transportation on Indian Reservations Program Project SelectionsPDF
81 FR 9878 - Agency Information Collection Activities: Request for CommentsPDF
81 FR 9770 - Approval of Iowa's Air Quality Implementation Plans; Iowa Plan for the 2008 Lead StandardPDF
81 FR 9793 - Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10PDF
81 FR 9778 - D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10PDF
81 FR 9772 - Trifloxystrobin; Pesticide TolerancesPDF
81 FR 9875 - Enforcement Actions SummaryPDF
81 FR 9741 - Pistachios Grown in California, Arizona, and New Mexico; Increased Assessment RatePDF
81 FR 9743 - Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment RatePDF
81 FR 9751 - Airworthiness Directives; General Electric Company Turbofan EnginesPDF
81 FR 9744 - Airworthiness Directives; Turbomeca S.A. Turboshaft EnginesPDF
81 FR 9930 - Petition for Exemption; Summary of Petition Received; General Electric CompanyPDF
81 FR 9871 - Privacy Act; Department of Homeland Security/ALL-038 Insider Threat Program System of RecordsPDF
81 FR 9789 - Privacy Act: Implementation of Exemptions; Department of Homeland Security/ALL-038 Insider Threat Program System of RecordsPDF
81 FR 9877 - Federal Property Suitable as Facilities To Assist the HomelessPDF
81 FR 9749 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 9754 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) AirplanesPDF
81 FR 9849 - Proposed Consent Decree, Clean Air Act Citizen SuitPDF
81 FR 9746 - Airworthiness Directives; ATR-GIE Avions de Transport Régional AirplanesPDF
81 FR 10026 - Recordkeeping for Timely Deposit Insurance DeterminationPDF
81 FR 9950 - Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training Activities in the Gulf of Alaska Temporary Maritime Activities AreaPDF
81 FR 9756 - Airworthiness Directives; The Boeing Company AirplanesPDF

Issue

81 38 Friday, February 26, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Domestic Dates Produced or Packed in Riverside County, CA, 9743-9744 2016-04044 Increased Assessment Rates: Pistachios Grown in California, Arizona, and New Mexico, 9741-9743 2016-04049 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Food Safety and Inspection Service

Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: American Academy of Forensic Sciences, 9883-9884 2016-04100 American Society of Mechanical Engineers, 9883 2016-04101 Heterogeneous System Architecture Foundation, 9884 2016-04096 Members of SGIP 2.0, Inc., 9883 2016-04097 Odva, Inc., 9884 2016-04099 Pistoia Alliance, Inc., 9883 2016-04098 Army Army Department NOTICES Requests for Nominations: Advisory Committee on Arlington National Cemetery, 9812 2016-04182 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9860-9861 2016-04318 Meetings: Medicare Evidence Development and Coverage Advisory Committee, 9859-9860 2016-04088 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9861-9862 2016-04166 Coast Guard Coast Guard RULES Drawbridge Operations: Jamaica Bay and Connecting Waterways, Queens, NY, 9770 2016-04125 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 2016-04174 9810-9812 2016-04175 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Uniform Procurement Identification, 9783-9786 2016-04189 NOTICES Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding with the Ministry of Defense of Estonia, 9813 2016-04186 Defense Department Defense Department See

Army Department

See

Defense Acquisition Regulations System

See

Engineers Corps

Drug Drug Enforcement Administration RULES Removal of Exemptions from Registration: Persons Authorized Under U.S. Nuclear Regulatory Commission or Agreement State Medical Use Licenses or Permits and Administering the Drug Product DaTscan, 9763-9766 2016-04224 Education Department Education Department NOTICES Applications for New Awards: Alaska Native and Native Hawaiian-Serving Institutions Program, 9822-9828 2016-04226 Training and Information for Parents of Children with Disabilities--Community Parent Resource Centers, 9828-9835 2016-04256 Training and Information for Parents of Children with Disabilities--Parent Training and Information Centers, 9814-9822 2016-04254 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of H-2A and H-2B Aliens in the United States: 2016 Allowable Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging, 9885-9887 2016-04116 Energy Department Energy Department See

Federal Energy Regulatory Commission

Engineers Engineers Corps NOTICES Meetings: Inland Waterways Users Board, 9813-9814 2016-04181 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; 2008 Lead Standard, 9770-9772 2016-04082 Exemptions from the Requirement of a Tolerance: D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives, 9778-9782 2016-04071 Pesticide Tolerances: Trifloxystrobin, 9772-9777 2016-04070 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Spokane, WA; Second 10-Year PM10 Limited Maintenance Plan, 9793-9797 2016-04081 Greenhouse Gas Reporting: Data Elements; Revisions and Confidentiality Determinations, 9797-9798 2016-04197 Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems, 9797 2016-04196 NOTICES Environmental Impact Statements; Availability, etc.; Weekly Receipts, 9848-9849 2016-04184 Proposed Consent Decrees under the Clean Air Act, 9849-9850 2016-03753 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 9754-9756 2016-03883 ATR—GIE Avions de Transport Regional Airplanes, 9746-9749 2016-03689 General Electric Company Turbofan Engines, 9751-9753 2016-04031 The Boeing Company Airplanes, 9749-9751, 9756-9761 2016-03459 2016-03886 Turbomeca S.A. Turboshaft Engines, 9744-9746 2016-04028 PROPOSED RULES Airworthiness Directives: Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes, 9790-9793 2016-04136 NOTICES Meetings: RTCA Program Management Committee, 9926-9927 2016-04207 RTCA Special Committee Aeronautical Information and Meteorological Data Link Services, 9929-9930 2016-04187 RTCA Special Committee Airport Security Access Control Systems, 9929 2016-04214 RTCA Special Committee Global Positioning System, 9925-9926, 9928-9929 2016-04194 2016-04199 RTCA Special Committee Minimum Operational Performance Standards for Traffic Alert and Collision Avoidance Systems Airborne Equipment, 9928 2016-04210 RTCA Special Committee Standards of Navigation Performance, 9927 2016-04209 Petitions for Exemptions; Summaries: General Electric Co., 9930-9931 2016-03982 Release of Airport Properties: Berlin Regional Airport, Milan, NH, 9927 2016-04218 Beverly Airport, Beverly MA, 9930 2016-04225 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9850-9856 2016-04118 2016-04129 2016-04130 2016-04131 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Recordkeeping for Timely Deposit Insurance Determination, 10026-10056 2016-03658 Federal Energy Federal Energy Regulatory Commission NOTICES Applications to Amend: Impulsora Pipeline, LLC, 9845 2016-04150 Applications: Brookfield Power Piney and Deep Creek, LLC, 9844-9845 2016-04158 Ketchikan Public Utilities, 9843-9844 2016-04160 South Carolina Electric and Gas Co., 9838-9839 2016-04159 Certificates of Public Convenience and Necessity: Cameron Interstate Pipeline, LLC; Certificate Amendment, 9846 2016-04147 Combined Filings, 9837-9838, 9841-9843, 9846-9847 2016-04141 2016-04145 2016-04149 2016-04155 2016-04156 2016-04157 Designations of Certain Commission Personnel as Non-Decisional: Eugene Water and Electric Board, 9835-9836 2016-04154 Effectiveness of Exempt Wholesale Generator Status: Pavant Solar, LLC, et al., 9836 2016-04151 Environmental Assessments; Availability, etc.: Dominion Carolina Gas Transmission, LLC; Proposed Columbia to Eastover Project, 9847-9848 2016-04143 Millennium Pipeline Company, LLC; Valley Lateral Project, 9836 2016-04144 Northern Natural Gas Co.; Environmental Review of the Gaines County Crossover Compressor Station Project, 9842 2016-04146 Environmental Impact Statements; Availability, etc.: Rover Pipeline, LLC; Panhandle Eastern Pipe Line Co., LP; Trunkline Gas Co., LLC: Proposed Rover Pipeline, Panhandle Backhaul, and Trunkline Backhaul Projects, 9839-9840 2016-04142 Petitions for Declaratory Orders: Morongo Transmission, LLC, 9847 2016-04148 Preliminary Permit Applications: Alpine Pacific Utilities, LLC, 9840-9841 2016-04161 Refund Effective Dates: Arizona Public Service Co., 9838 2016-04152 Central Hudson Gas and Electric Corp., Tucson Electric Power Co., UNS Electric, Inc., UniSource Energy Development Co., 9837 2016-04153 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Collier County, FL, 9931 2016-04135 Federal Reserve Federal Reserve System NOTICES Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 9856 2016-04132 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: ASUSTeK Computer, Inc., 9856-9859 2016-04190 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9932-9933 2016-04126 Fiscal Year 2014-2015 Public Transportation on Indian Reservations Program Project Selections; Correction, 9931-9932 2016-04085 Fish Fish and Wildlife Service PROPOSED RULES Alaska National Wildlife Refuges: Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, 9799-9800 2016-04133 Endangered and Threatened Wildlife and Plants: Removal of Solidago albopilosa (White-haired Goldenrod) from the Federal List of Endangered and Threatened Plants, 9798-9799 2016-04095 NOTICES Environmental Impact Statements; Availability, etc.: Ballville Dam Project on the Sandusky River, Sandusky County, OH, 9877-9878 2016-04134 Food and Drug Food and Drug Administration RULES The Food and Drug Administration Food Safety Modernization Act: Prevention-Oriented Import System Regulations and Implementation; Public Meeting, 9761-9763 2016-04127 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Tobacco Retailers on Tobacco Retailer Training Programs, 9862-9864 2016-04176 Committee Renewals: Gastrointestinal Drugs Advisory Committee, 9864 2016-04093 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission Committee on Food Labeling, 9804-9805 2016-04106 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9878-9879 2016-04084 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

See

Transportation Security Administration

See

U.S. Customs and Border Protection

PROPOSED RULES Privacy Act; Implementation of Exemptions: Insider Threat Program System of Records, 9789-9790 2016-03923 NOTICES Privacy Act; Systems of Records, 9871-9875 2016-03924
Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 9877 2016-03911 Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

Internal Revenue Internal Revenue Service RULES Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities, 9766-9768 2016-04310 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations Project, 9945 2016-04313 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Stilbenic Optical Brightening Agents from Taiwan, 9805-9806 2016-04200 Stainless Steel Butt-Weld Pipe Fittings from Italy, 9806-9808 2016-04198 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal, 9882 2016-04128 Justice Department Justice Department See

Antitrust Division

See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Juvenile Residential Facility Census, 9885 2016-04169 Meetings: National Commission on Forensic Science, 9884-9885 2016-04180
Labor Department Labor Department See

Employment and Training Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Summary of Benefits and Coverage and Uniform Glossary Required Under the Affordable Care Act, 9887-9888 2016-04314
Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-04177 9879-9881 2016-04173 National Highway National Highway Traffic Safety Administration NOTICES Buy America Waivers, 9933-9935 2016-04211 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clearance for the Eunice Kennedy Shriver National Institute of Child Health and Human Development Data and Specimen Hub, 9865-9866 2016-04178 National Physician Survey of Precision Medicine in Cancer Treatment, 9869-9870 2016-04105 The Sister Study—A Prospective Study of the Genetic and Environmental Risk Factors for Breast Cancer, 9865 2016-04179 Draft National Toxicology Program Monograph on Immunotoxicity Associated with Exposure to Perfluorooctanoic Acid or Perfluorooctane Sulfonate, 9867-9869 2016-04102 Meetings: Center for Scientific Review, 9867 2016-04104 National Cancer Institute, 9866-9867 2016-04103 National Intelligence National Intelligence, Office of the National Director RULES Mandatory Declassification Review Program, 9768-9770 2016-04172 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction, 9786-9787 2016-04191 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management Area, 9787-9788 2016-04205 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands, 9800-9803 2016-04094 Takes of Marine Mammals: U.S. Navy Training Activities in the Gulf of Alaska Temporary Maritime Activities Area, 9950-10023 2016-03622 NOTICES Meetings: Advisory Committee to the United States Delegation to the International Commission for the Conservation of Atlantic Tunas, 9809 2016-04206 Caribbean Fishery Management Council, 9808-9809 2016-04167 2016-04170 New England Fishery Management Council, 9809-9810 2016-04171 National Park National Park Service NOTICES Public Review of Mining Plan of Operations for Claims within Denali National Park and Preserve, AK, 9881 2016-04193 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sale, Central Planning Area Lease Sale 247, 9881-9882 2016-04114 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9888-9889 2016-04287 Securities Securities and Exchange Commission NOTICES Applications: Brookfield Asset Management Private Institutional Capital Adviser US, LLC et al., 9898-9900 2016-04113 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 9889-9897 2016-04110 Chicago Board Options Exchange, Inc., 9910-9919 2016-04109 International Securities Exchange, LLC, 9909-9910 2016-04108 NYSE Arca, Inc., 9900-9909 2016-04112 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9920 2016-04107 Disaster Declarations: Alabama, 9920-9921 2016-04119 Alaska, 9919-9920 2016-04115 Oregon, 9920 2016-04111 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 9921-9922 2016-04123 State Department State Department NOTICES Privacy Act; Systems of Records, 9922-9924 2016-04192 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions: Greenville, SC; Rail Line of Greenville County Economic Development Corp., 9924 2016-04162 Continuance in Control Exemptions: Genesee and Wyoming Inc.; Olympia and Belmore Railroad, Inc., 9925 2016-04140 Leases and Operation Exemptions Including Interchange Commitments: Olympia and Belmore Railroad, Inc. from BNSF Railway Co., 9924-9925 2016-04139 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Transit Administration

See

National Highway Traffic Safety Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: New Requirements and Procedures for Grant Payment Request Submission, 9944 2016-04212 Funding Opportunities: National Infrastructure Investments under the Consolidated Appropriations Act, 2016, 9935-9944 2016-04217
Security Transportation Security Administration NOTICES Enforcement Actions Summary, 9875-9877 2016-04066 Treasury Treasury Department See

Internal Revenue Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9945-9947 2016-04203 2016-04204
Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Identification Card, 9870 2016-04121 Declaration for Free Entry of Unaccompanied Articles, 9870-9871 2016-04120 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Homeless Veterans, 9947 2016-04165 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 9950-10023 2016-03622 Part III Federal Deposit Insurance Corporation, 10026-10056 2016-03658 Reader Aids

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

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.thefederalregister.org and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

81 38 Friday, February 26, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 983 [Doc. No. AMS-FV-15-0038; FV15-983-1 FR] Pistachios Grown in California, Arizona, and New Mexico; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final rule.

SUMMARY:

This rule implements a recommendation from the Administrative Committee for Pistachios (Committee) for an increase of the assessment rate established for the 2015-16 and subsequent production years from $0.0005 to $0.0035 per pound of assessed weight pistachios handled under the marketing order for pistachios grown in California, Arizona, and New Mexico. The Committee locally administers the order and is comprised of producers and handlers of pistachios operating within the area of production. Assessments upon pistachio handlers are used by the Committee to fund reasonable and necessary expenses of the program. The production year begins on September 1 and ends August 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

DATES:

Effective February 29, 2016.

FOR FURTHER INFORMATION CONTACT:

Peter Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]

Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]

SUPPLEMENTARY INFORMATION:

This rule is issued under Marketing Agreement and Order No. 983, as amended (7 CFR part 983), regulating the handling of pistachios grown in California, Arizona, and New Mexico, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.”

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

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California, Arizona, and New Mexico pistachio handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable pistachios beginning on September 1, 2015, and continue until amended, suspended, or terminated.

The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.

This rule increases the assessment rate established for the Committee for the 2015-16 and subsequent production years from $0.0005 to $0.0035 per pound of assessed weight pistachios handled.

The California, Arizona, and New Mexico pistachio marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of California, Arizona, and New Mexico pistachios. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input.

For the 2011-12 and subsequent production years, the Committee recommended, and the USDA approved, an assessment rate that would continue in effect from production year to production year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA.

The Committee met on July 9, 2015, and October 20, 2015, and unanimously recommended 2015-16 production year expenditures of $1,056,402 and an assessment rate of $0.0035 per pound of assessed weight pistachios handled to fund Committee expenses. This represents an increase over the prior year's budget and assessment rate. In comparison, last year's budgeted expenditures were $1,001,400. The assessment rate of $0.0035 is $0.0030 higher than the rate currently in effect. The Committee's recommended 2015-16 expenditures are $55,002 higher than last year's budgeted expenditures. The primary reason for the increase is to provide $560,000 in funding for Sterile Insect Technology/Navel Orange Worm (SIT/NOW) research. When applied to the Committee's crop estimate for the 2015-16 production year of 265 million pounds, the current assessment rate of $0.0005 would not generate sufficient income to cover anticipated expenses. The assessment rate of $0.0035 per pound of assessed weight pistachios would generate assessment income of $927,500. Anticipated assessment income combined with financial reserves and other income would provide sufficient revenue for the Committee to meet its budgeted expenses while maintaining its financial reserve within the limit authorized under the order.

The major expenditures recommended by the Committee for the 2015-16 production year include $560,000 for SIT/NOW research, $92,401 for administrative expenses, $314,000 for salary and related employee expenses, $10,000 for compliance expenses, and $80,000 for a contingency fund. Budgeted expenses in 2014-15 were $360,000 for Technical Assistance Specialty Crop (TASC) Program research, $125,000 for other research, $117,400 for administrative expenses, $314,000 for salary and related employee expenses, $10,000 for compliance expenses, and $75,000 for a contingency fund. Actual expenses in 2014-15 were significantly lower, at $547,199, as the TASC research was not funded.

The assessment rate recommended by the Committee was derived by considering anticipated expenses and production levels of California, Arizona, and New Mexico pistachios, and other pertinent factors. As mentioned earlier, pistachio production levels are estimated at 265 million pounds, which should generate $927,500 in assessment income. Income derived from handler assessments, along with other income and financial reserves would provide sufficient revenue for the Committee to meet its budgeted expenses while maintaining its financial reserve within the limit authorized under the order.

The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA based upon a recommendation and information submitted by the Committee or other available information.

Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each production year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public, and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's 2015-16 budget and those for subsequent production years would be reviewed and, as appropriate, approved by USDA.

Final Regulatory Flexibility Analysis

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

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

There are approximately 1,152 producers of pistachios in the production area and approximately 19 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000 (13 CFR 121.201).

Based on Committee data, it is estimated that about 47 percent of the handlers annually ship less than $7,000,000 worth of pistachios, and it is also estimated that 68 percent of the producers have annual receipts less than $750,000. Thus, the majority of handlers in the production area may be classified as large entities, and the majority of the producers may be classified as small entities.

This rule increases the assessment rate established for the Committee and collected from handlers for the 2015-16 and subsequent production years from $0.0005 to $0.0035 per pound of assessed weight pistachios. The Committee unanimously recommended 2015-16 expenditures of $1,056,402 and an assessment rate of $0.0035 per pound of assessed weight pistachios. The assessment rate of $0.0035 is $0.0030 higher than the 2014-15 rate. The quantity of assessable pistachios for the 2015-16 production year is estimated at 265 million pounds. Thus, the $0.0035 rate should provide $927,500 in assessment income. Income derived from handler assessments, along with other income and financial reserves would provide sufficient revenue for the Committee to meet its budgeted expenses while maintaining its financial reserve within the limit authorized under the order.

The major expenditures recommended by the Committee for the 2015-16 production year include $560,000 for SIT/NOW research, $92,401 for administrative expenses, $314,000 for salary and related employee expenses, $10,000 for compliance expenses, and $80,000 for a contingency fund. Budgeted expenses in 2014-15 were $360,000 for TASC Program research, $125,000 for other research, $117,400 for administrative expenses, $314,000 for salary and related employee expenses, $10,000 for compliance expenses, and $75,000 for a contingency fund. The reasons for the proposed increase include a significant increase in budgeted expenses in 2015 over actual expenses in 2014, a significantly smaller crop estimate in 2015, and allocation of funds for Sterile Insect Technology/Navel Orange Worm (SIT/NOW) research.

Prior to arriving at this budget and assessment rate, the Committee considered alternative expenditure levels but ultimately determined that 2015-16 expenditures of $1,056,402 were appropriate and that the current assessment rate would generate insufficient revenue to meet its expenses.

According to data from the National Agricultural Statistics Service, the season average producer price was $3.48 per pound of assessed weight pistachios in 2013 and $3.10 per pound in 2014. A review of historical information and preliminary information pertaining to the upcoming production year indicates that the producer price for the 2015-16 production year could range between $3.48 and $3.10 per pound of assessed weight pistachios. Therefore, the estimated assessment revenue for the 2015-16 production year as a percentage of total producer revenue could range between 0.10 and 0.11 percent.

This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. These costs are offset by the benefits derived from the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the California, Arizona, and New Mexico pistachio industry, and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the July 9, 2015, and October 20, 2015, meetings were public and all entities, both large and small, were able to express views on this issue.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0215. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

This rule imposes no additional reporting or recordkeeping requirements on either small or large California, Arizona, and New Mexico pistachio handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule.

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

A proposed rule concerning this action was published in the Federal Register on December 14, 2015. Copies of the proposed rule were also mailed or sent via facsimile to all California, Arizona, and New Mexico pistachio handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending December 29, 2015, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section.

After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act.

Pursuant to 5 U.S.C. 553, it also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2015-16 production year began on September 1, 2015 and the marketing order requires that the rate of assessment for each production year apply to all assessable pistachios handled during such production year; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; (3) handlers are aware of this rule which was recommended at a public meeting and is similar to assessment rate actions issued in past years. Also, a 15-day comment period was provided in the proposed rule, and no comments were received.

List of Subjects in 7 CFR Part 983

Marketing agreements, Pistachios, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, 7 CFR part 983 is amended as follows:

PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, and NEW MEXICO 1. The authority citation for 7 CFR part 983 continues to read as follows: Authority:

7 U.S.C. 601-674.

2. In § 983.253, paragraph (a) is revised to read as follows:
§ 983.253 Assessment rate.

(a) On and after September 1, 2015, an assessment rate of $0.0035 per pound is established for California, Arizona, and New Mexico pistachios.

Dated: February 22, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-04049 Filed 2-25-16; 8:45 am] BILLING CODE P
DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS-FV-15-0034; FV15-987-1 FIR] Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Affirmation of interim rule as final rule.

SUMMARY:

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the California Date Administrative Committee (committee) to decrease the assessment rate established for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates handled under the marketing order (order). The committee locally administers the marketing order and is comprised of producers and handlers of dates grown or packed in Riverside County, California. The interim rule to decrease the assessment rate was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

DATES:

Effective February 29, 2016.

FOR FURTHER INFORMATION CONTACT:

Terry Vawter, Senior Marketing Specialist, or Jeff Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]

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

SUPPLEMENTARY INFORMATION:

This rule is issued under Marketing Agreement and Order No. 987, both as amended (7 CFR part 987), regulating the handling of dates produced or packed in Riverside County, California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.”

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

Under the order, Riverside County, California, date handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable dates for the entire crop year and continue indefinitely until amended, suspended, or terminated. The Committee's crop year begins on October 1, and ends on September 30.

In an interim rule published in the Federal Register on October 28, 2015, and effective on October 29, 2015 (80 FR 65886, Doc. No. AMS-FV-15-0034, FV15-987-1 IR), § 987.339 was amended by decreasing the assessment rate established for California dates for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The decrease in the per hundredweight assessment rate allows the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

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

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

There are approximately 70 producers of dates in the production area and 11 handlers subject to regulation under the marketing order. The Small Business Administration defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,500,000. (13 CFR 121.201)

According to the National Agricultural Statistics Service (NASS), data for the most-recently completed crop year (2014) shows that about 3.54 tons, or 7,080 pounds, of dates were produced per acre. The 2014 producer price published by NASS was $1,190 per ton. Thus, the value of date production per acre in 2014-15 averaged about $4,213 (3.54 tons times $1,190 per ton). At that average price, a producer would have to farm over 178 acres to receive an annual income from dates of $750,000 ($750,000 divided by $4,213 per acre equals 178.02 acres). According to committee staff, the majority of California date producers farm less than 178 acres. Thus, it can be concluded that the majority of date producers could be considered small entities. In addition, according to data from the committee staff, the majority of handlers of California dates have receipts of less than $7,500,000 and may also be considered small entities.

This rule continues in effect the action that decreased the assessment rate established for the committee and collected from handlers for the 2015-16 and subsequent crop years from $0.20 to $0.10 per hundredweight of dates. The committee unanimously recommended 2015-16 expenditures of $59,250 and an assessment rate of $0.10 per hundredweight of dates, which is $0.10 lower than the rate previously in effect. Applying the $0.10 per hundredweight assessment rate to the estimated crop at 29,000,000 pounds (290,000 hundredweight) should provide $29,000 in assessment income. Thus, income derived from handler's assessments, along with other income and funds from the committee's authorized reserve, should be adequate funding to meet program expenses.

This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers; however, decreasing the assessment rate reduces the burden on handlers.

In addition, the committee's meeting was widely publicized throughout the California date industry, and all interested persons were invited to attend the meetings and encouraged to participate in committee deliberations on all issues. Like all committee meetings, the June 25, 2015, meeting was a public meeting and all entities, both large and small, were able to express views on this issue.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178, “Vegetable and Specialty Crop Marketing Orders.” No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

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

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

Comments on the interim rule were required to be received on or before December 28, 2015. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change.

To view the interim rule, go to:http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0034-0001.

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

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 65886, October 28, 2015) will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 987

Dates, Marketing agreements, Reporting and recordkeeping requirements.

PART 987—DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA [AMENDED] Accordingly, the interim rule amending 7 CFR part 987, which was published at 80 FR 65886 on October 28, 2015, is adopted as a final rule, without change. Dated: February 22, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-04044 Filed 2-25-16; 8:45 am] BILLING CODE P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4070; Directorate Identifier 2015-NE-31-AD; Amendment 39-18408; AD 2016-04-14] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 1E2 turboshaft engines. This AD requires removing the tachometer box on affected engines. This AD was prompted by reports of uncommanded in-flight shutdowns (IFSDs). We are issuing this AD to prevent failure of the tachometer box, which could lead to failure of the engine, IFSD, and loss of control of the helicopter.

DATES:

This AD becomes effective April 1, 2016.

ADDRESSES:

For service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; fax: 33 (0)5 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-2015-4070.

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-2015-4070; 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 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 Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7770; fax: 781-238-7199; email: [email protected].

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to the specified products. The NPRM was published in the Federal Register on November 24, 2015 (80 FR 73147). The NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

There have been reports of Arriel 1E2 engines having experienced an uncommanded in-flight shut-down (IFSD) due to an untimely activation of the tachometer box shut-off system which was activated by the power turbine monitoring function of the tachometer box.

This condition, if not corrected, could potentially lead to further cases of IFSD, possibly resulting in a forced landing.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 73147, November 24, 2015).

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting this AD as proposed.

Related Service Information

Turbomeca S.A. has issued Mandatory Service Bulletin No. 292 77 0844, Version B, dated July 6, 2015. The service information describes procedures for removing pre-TU 369 tachometer boxes.

Costs of Compliance

We estimate that this AD affects 200 engines installed on helicopters of U.S. registry. We also estimate that it will take about 3 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 $51,000.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this 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 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 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.

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): 2016-04-14 Turbomeca S.A.: Amendment 39-18408; Docket No. FAA-2015-4070; Directorate Identifier 2015-NE-31-AD. (a) Effective Date

This AD becomes effective April 1, 2016.

(b) Affected ADs

None.

(c) Applicability

(1) This AD applies to Turbomeca S.A. Arriel 1E2 turboshaft engines with tachometer boxes with the following part number (P/N) and serial number (S/N) combinations:

(i) P/N 9580116170—all S/Ns

(ii) P/N 9580116260—all S/Ns

(iii) P/N 9580116900—all S/Ns

(iv) P/N 9580117110—all S/Ns

(v) P/N 9580117550—all S/Ns 1499 and below with or without suffix letters and all S/Ns 1500 and above that do not contain the suffix letters EL.

(2) This AD applies only to Turbomeca S.A. Arriel 1E2 turboshaft engines with tachometer boxes identified in paragraph (c)(1) of this AD that also have installed electrical connectors labeled as P10106, P10098, and P10108; or P11F, P13F, and P15F.

(d) Reason

This AD was prompted by reports of uncommanded in-flight shutdowns (IFSDs). We are issuing this AD to prevent failure of the tachometer box, which could lead to failure of the engine, IFSD, and loss of control of the helicopter.

(e) Actions and Compliance

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

(1) Within 1,600 flight hours after the effective date of this AD, remove the affected tachometer box from the engine.

(2) Reserved.

(f) Credit for Previous Action

You may take credit for the action required by paragraph (e) of this AD if you performed the action before the effective date of this AD in accordance with Turbomeca S.A. Mandatory Service Bulletin 292 77 0844, Version A, dated March 4, 2015.

(g) Alternative Methods of Compliance (AMOCs)

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

(h) Related Information

(1) For more information about this AD, contact Philip Haberlen, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7770; fax: 781-238-7199; email: [email protected].

(2) Refer to MCAI European Aviation Safety Agency AD 2015-0175, dated August 24, 2015, which includes Mandatory Service Bulletin No. 292 77 0844, Version B, dated July 6, 2015, for related information. 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-2015-4070.

(3) Turbomeca S.A. Mandatory Service Bulletin No. 292 77 0844, Version B, dated July 6, 2015, which is not incorporated by reference in this AD, can be obtained from Turbomeca S.A., using the contact information in paragraph (h)(4) of this AD.

(4) For service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; fax: 33 (0)5 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.

(i) Material Incorporated by Reference

None.

Issued in Burlington, Massachusetts, on February 16, 2016. Ann C. Mollica, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2016-04028 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1280; Directorate Identifier 2014-NM-064-AD; Amendment 39-18404; AD 2016-04-10] RIN 2120-AA64 Airworthiness Directives; ATR—GIE Avions de Transport Régional Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain ATR—GIE Avions de Transport Régional Model ATR42-500 airplanes, and Model ATR72-102, -202, -212, and -212A airplanes. This AD was prompted by a report of chafed wires between electrical harnesses. This AD requires inspections for wire discrepancies, and corrective actions if necessary. We are issuing this AD to detect and correct damaged wiring and incorrect installation of the wiring harness and adjacent air ducts that could lead to wire harness chafing and arcing, possibly resulting in an on-board fire.

DATES:

This AD becomes effective April 1, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 1, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1280 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this final rule, contact ATR—GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; Internet http://www.aerochain.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-2015-1280.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain ATR—GIE Avions de Transport Régional Model ATR42-500 airplanes, and Model ATR72-102, -202, -212, and -212A airplanes. The NPRM published in the Federal Register on May 12, 2015 (80 FR 27114) (“the NPRM”). The NPRM was prompted by a report of chafed wires between electrical harnesses. The NPRM proposed to require inspections for wire discrepancies, and corrective actions if necessary. We are issuing this AD to detect and correct damaged wiring and incorrect installation of the wiring harness and adjacent air ducts, which could lead to wire harness chafing and arcing, possibly resulting in an on-board fire.

Since the NPRM was issued, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0171, dated August 20, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain ATR—GIE Avions de Transport Régional Model ATR42-500 airplanes, and Model ATR72-102, -202, -212, and -212A airplanes. The MCAI states:

An erroneous cockpit indication has been reported on an in-service aeroplane. Subsequent investigation identified chafed wiring between harnesses (2M-2S-6M) and the metallic structure of the cargo lining panel above the electronic rack 90VU shelf. The chafing was most likely the result of incorrect harness installation. In some cases, the bracket, which supports the harnesses, could be incorrectly positioned. Consequently, the wiring harnesses, and in certain configurations, the adjacent air duct, could be incorrectly routed.

This condition, if not detected and corrected, could lead to wiring harness chafing and arcing, possibly resulting in an on-board fire.

Prompted by this unsafe condition, EASA issued AD 2014-0052 (later revised) [http://www.casa.gov.au/wcmswrs/main/lib100154/2014-0052.pdf] to require a one-time visual inspection of the affected area including a bracket position check and, depending on findings, accomplishment of applicable corrective actions.

Since EASA AD 2014-0052R1 [http://ad.easa.europa.eu/blob/easa_ad_2014_0052_R1_superseded.pdf/AD_2014-0052R1_1] was issued, ATR determined that more aeroplanes are potentially affected (referred as Group B aeroplanes) than originally identified. It was also determined that some aeroplanes, originally addressed by AD 2014-0052, are not affected due to their specific configuration. Taking into account these findings, ATR issued Revision 03 of Service Bulletin (SB) ATR42-92-0024 and SB ATR72-92-1032 to reflect the reidentified population of affected aeroplanes.

For the reasons described above, this [EASA] AD retains the requirements of EASA AD 2014-0052R1, which is superseded, and requires inspection, and, depending on findings, applicable corrective action(s), on the adjusted range of aeroplanes.

EASA AD 2015-0171, dated August 20, 2015, replaces EASA AD 2014-0052R1, dated April 7, 2014, which was the referenced MCAI in the NPRM. The revised MCAI adds certain airplanes and removes others from the applicability, but does not affect any U.S.-registered airplanes. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1280-0003.

Comments

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

Changes to This AD

Since the NPRM was issued, Avions de Transport Régional has issued Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015; and Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015. No additional work is required for airplanes that have accomplished the actions specified in any previous version. We have revised paragraphs (g) and (h) of this AD to reference this revised service information. We have revised paragraph (i) of this AD to give credit for actions done before the effective date of this AD using the following service bulletins.

• Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 01, dated January 16, 2014.

• Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 02, dated April 17, 2014.

• Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 01, dated January 16, 2014.

• Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 02, dated April 17, 2014.

We have also revised paragraph (c) of this AD to refer to the manufacturer serial numbers of the affected airplanes as identified in EASA AD 2015-0171, dated August 20, 2015.

Conclusion

We reviewed the relevant data 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

ATR—GIE Avions de Transport Régional has issued the following service bulletins.

• Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015. The service information describes procedures for inspecting the electrical harness routing on top of the 90VU electrical rack, and modification if necessary.

• Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015. The service information describes procedures for inspecting the electrical harness routing on top of the 90VU electrical rack, and modification if necessary.

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 1 airplane of U.S. registry.

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

In addition, we estimate that any necessary follow-on actions would take about 3 work-hours and require parts costing $82, for a cost of $337 per product. We have no way of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1280; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-04-10 ATR—GIE Avions de Transport Régional: Amendment 39-18404. Docket No. FAA-2015-1280; Directorate Identifier 2014-NM-064-AD. (a) Effective Date

This AD becomes effective April 1, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the ATR-GIE Avions de Transport Régional airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Model ATR42-500 airplanes, serial numbers 443 through 1006 inclusive, and 1014; except serial numbers 811, 1002, and 1005.

(2) Model ATR72-102, -202, -212, and -212A airplanes, serial numbers 475 through 969 inclusive, 971 through 988 inclusive, 1025, 1028 through 1069 inclusive, 1072, and 1089 through 1175 inclusive; except serial numbers 872, 887, 893, 956, 1042, and 1162.

(d) Subject

Air Transport Association (ATA) of America Code 92, Electrical Routing.

(e) Reason

This AD was prompted by a report of chafed wires between electrical harnesses. We are issuing this AD to detect and correct damaged wiring and incorrect installation of the wiring harness and adjacent air ducts that could lead to wire harness chafing and arcing, possibly resulting in an on-board fire.

(f) Compliance

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

(g) Inspections

Within 500 flight hours after the effective date of this AD, do the actions specified in paragraphs (g)(1) and (g)(2) of this AD, in accordance with the Accomplishment Instructions of Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015; and Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015; as applicable.

(1) Do a general visual inspection for damage of the electrical wires of harnesses 2M-2S-6M.

(2) Do a general visual inspection for correct routing of electrical bundle 2M-2S-6M, and correct routing of the air duct.

(h) Corrective Actions

(1) If, during the inspection required by paragraph (g)(1) of this AD, any damage is found on the electrical wires: Before further flight, repair the wires, in accordance with the Accomplishment Instructions of Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015; and Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015; as applicable.

(2) If, during the inspection required by paragraph (g)(2) of this AD, electrical bundle 2M-2S-6M and/or an air duct is found to be incorrectly routed: Within 500 flight hours after the effective date of this AD, do a general visual inspection for correct positioning of the bracket, in accordance with the Accomplishment Instructions of Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015; and Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015; as applicable.

(i) If, during the inspection required by paragraph (h)(2) of this AD, the bracket is found to be correctly positioned: Within 500 flight hours after the effective date of this AD, do all applicable corrective actions, in accordance with the Accomplishment Instructions of Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015; and Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015; as applicable.

(ii) If, during the inspection required by paragraph (h)(2) of this AD, the bracket is found to be missing or incorrectly positioned: Within 500 flight hours after the inspection required by paragraph (h)(2) of this AD, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or ATR-GIE Avions de Transport Régional's EASA Design Organization Approval (DOA).

(i) Credit for Previous Actions

This paragraph provides credit for actions required by this AD, if those actions were performed before the effective date of this AD using the applicable service bulletins specified in paragraphs (i)(1) through (i)(6) of this AD, which are not incorporated by reference in this AD.

(1) Avions de Transport Régional Service Bulletin ATR42-92-0024, dated June 6, 2013.

(2) Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 01, dated January 16, 2014.

(3) Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 02, dated April 17, 2014.

(4) Avions de Transport Régional Service Bulletin ATR72-92-1032, dated June 6, 2013.

(5) Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 01, dated January 16, 2014.

(6) Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 02, dated April 17, 2014.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0171, dated August 20, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1280-0003.

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

(l) Material Incorporated by Reference

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

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

(i) Avions de Transport Régional Service Bulletin ATR42-92-0024, Revision 03, dated January 21, 2015.

(ii) Avions de Transport Régional Service Bulletin ATR72-92-1032, Revision 03, dated January 21, 2015.

(3) For service information identified in this AD, contact ATR-GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; Internet http://www.aerochain.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 February 16, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-03689 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3146; Directorate Identifier 2014-NM-249-AD; Amendment 39-18411; AD 2016-04-17] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 777-200 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the skin lap splices at certain stringers in certain fuselage sections are subject to widespread fatigue damage (WFD) on aging Model 777 airplanes that have accumulated at least 45,000 total flight cycles. This AD requires inspections to detect cracking of fuselage skin lap splices in certain fuselage sections, and corrective actions if necessary; modification of left-side and right-side lap splices; and post-modification repetitive inspections for cracks in the modified lap splices, and corrective actions if necessary. We are issuing this AD to detect and correct fatigue cracking of the skin lap splices, and consequent risk of sudden decompression and the inability to sustain limit flight and pressure loads.

DATES:

This AD is effective April 1, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 1, 2016.

ADDRESSES:

For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; 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-2015-3146.

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-2015-3146; 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 Lin, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6412; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 777-200 series airplanes. The NPRM published in the Federal Register on August 25, 2015 (80 FR 51488) (“the NPRM”). The NPRM was prompted by an evaluation by the DAH indicating that the skin lap splices at certain stringers in certain fuselage sections are subject to WFD on aging airplanes (airplanes that have accumulated at least 45,000 total flight cycles). The NPRM proposed to require inspections to detect cracking of fuselage skin lap splices in certain fuselage sections, and corrective actions if necessary; modification of left-side and right-side lap splices; and post-modification repetitive inspections for cracks in the modified lap splices, and corrective actions if necessary. We are issuing this AD to detect and correct fatigue cracking of the skin lap splices, and consequent risk of sudden decompression and the inability to sustain limit flight and pressure loads.

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 for the NPRM

An anonymous commenter expressed support for the NPRM.

Request To Revise WFD Criteria Definition

Boeing requested that we revise the NPRM to specify that DAH analysis indicates that potential multi-site damage that could lead to WFD does not occur until at least 45,000 total flight cycles on aging Model 777 airplanes.

We agree with the commenter's request. We have revised the SUMMARY and Discussion sections of this final rule and paragraph (e) of this AD to specify that this AD was prompted by an evaluation by the DAH indicating that the skin lap splices at certain stringers in certain fuselage sections are subject to WFD on aging Model 777 airplanes that have accumulated at least 45,000 total flight cycles.

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 Alert Service Bulletin 777-53A0052, dated October 10, 2014. The service bulletin describes procedures for inspections to detect cracking of fuselage skin lap splices, modification to the skin lap splices, repetitive inspections for cracks in the modified lap splices, 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.

Costs of Compliance

We estimate that this AD affects 21 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 Inspection and modification 2,713 work-hours × $85 per hour = $230,605 $0 $230,605 $4,842,705. Post-modification inspection 1,391 work-hours × $85 per hour = $118,235 per inspection cycle 0 $118,235 per inspection cycle $2,482,935 per inspection cycle.

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

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

Authority for This Rulemaking

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

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

Regulatory Findings

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): 2016-04-17 The Boeing Company: Amendment 39-18411; Docket No. FAA-2015-3146; Directorate Identifier 2014-NM-249-AD. (a) Effective Date

This AD is effective April 1, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company Model 777-200 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014.

(d) Subject

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

(e) Unsafe Condition

This AD was prompted by an evaluation by the design approval holder indicating that the skin lap splices at certain stringers in certain fuselage sections are subject to widespread fatigue damage on aging Model 777 airplanes that have accumulated at least 45,000 total flight cycles. We are issuing this AD to detect and correct fatigue cracking of the skin lap splices, and consequent risk of sudden decompression and the inability to sustain limit flight and pressure loads.

(f) Compliance

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

(g) Inspections and Corrective Actions

Except as provided by paragraph (h)(1) of this AD, at the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014: Do Part 1, inspection “A,” of the modification area for cracks; Part 2, inspection “B,” of the modification area for cracks; and Part 3, inspection “C,” of the modification area for scribe lines and cracks; as applicable; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014, except as provided by paragraph (h)(2) of this AD. Do all applicable corrective actions before further flight.

(1) Inspection “A” includes an external phased array ultrasonic inspection for cracks in the lower/overlapped skin of the stringer S-14 left and right (L/R) lap splices between fuselage station 655 and station 1434, and an open hole high frequency eddy current (HFEC) inspection for skin cracks at the upper and lower fastener rows of the stringer S-14 L/R lap splices.

(2) Inspection “B” includes the inspections specified in paragraphs (g)(2)(i) through (g)(2)(iv) of this AD.

(i) A detailed inspection for cracks of any skin panel common to a stringer S-14 L/R lap splice between fuselage station 655 and station 1434 that has a scribe line 0.001 inch or deeper.

(ii) Either an ultrasonic inspection or a surface HFEC inspection for cracks (depending on the location of the scribe line(s)) of any skin panel common to a stringer S-14 L/R lap splice between fuselage station 655 and station 1434 that has a scribe line 0.001 inch or deeper.

(iii) An external phased array ultrasonic inspection for cracks in the lower/overlapped skin of the stringer S-14 L/R lap splices between fuselage station 655 and station 1434.

(iv) An open hole HFEC inspection for skin cracks at the upper and lower fastener rows of the stringer S-14 L/R lap splices.

(3) Inspection “C” includes the inspections for scribe lines and cracks specified in paragraphs (g)(3)(i), (g)(3)(ii), and (g)(3)(iii) of this AD on stringer S-14 L/R lap splice between fuselage station 655 and station 1434 on both sides of the airplane.

(i) A detailed inspection for scribe lines. If any scribe line is found during the inspection required by this paragraph, the actions include the inspections specified in paragraphs (g)(3)(i)(A) and (g)(3)(i)(B) of this AD.

(A) A detailed inspection for cracks of the scribe line area(s).

(B) Either an ultrasonic inspection or a surface HFEC inspection for cracks (depending on the location of the scribe line(s)).

(ii) An external phased array ultrasonic inspection for cracks in the lower/overlapped skin of the stringer S-14 L/R lap splices between fuselage station 655 and station 1434.

(iii) An open hole HFEC inspection for skin cracks at the upper and lower fastener rows of the stringer S-14 L/R lap splices.

(h) Exceptions to Service Information Specifications

(1) Where Paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014, 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.”

(2) If, during accomplishment of any inspection required by this AD, any condition is found for which Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014, specifies to contact Boeing for special repair instructions or supplemental instructions for the modification, and specifies that action as “RC” (Required for Compliance): Before further flight, do the repair or modification using a method approved in accordance with the procedures specified in paragraph (k) of this AD.

(i) Lap Splice Modification

At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014: Do the left-side and right-side lap splice modification, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014, except as provided by paragraph (h)(2) of this AD.

(j) Post-Modification Inspections and Corrective Action

At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014: Do a post-modification internal surface HFEC inspection for skin cracks in the modified lap splices on both sides of the airplane; and do all applicable corrective actions; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014, except as provided by paragraph (h)(2) of this AD. Do all applicable corrective actions before further flight. Repeat the inspection of the modified lap splices thereafter at the applicable intervals specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014.

(k) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Seattle 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 (l) 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, Seattle 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 (h)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (k)(4)(i) and (k)(4)(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. 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.

(l) Related Information

For more information about this AD, contact Eric Lin, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6412; fax: 425-917-6590; email: [email protected]

(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 the AD specifies otherwise.

(i) Boeing Alert Service Bulletin 777-53A0052, dated October 10, 2014.

(ii) Reserved.

(3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

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

(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 February 16, 2016. Dionne Palermo, Acting Manager,Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-03886 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2984; Directorate Identifier 2015-NE-21-AD; Amendment 39-18405; AD 2016-04-11] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all General Electric Company (GE) GEnx-1B54, -1B58, -1B64, -1B67, and -1B70 turbofan engine models. This AD was prompted by reports of two separate, single engine in-flight shutdowns (IFSDs) caused by high-pressure turbine (HPT) rotor stage 1 blade failure. This AD requires inspection and conditional removal of affected HPT rotor stage 1 blades. We are issuing this AD to prevent failure of the HPT rotor stage 1 blades, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

DATES:

This AD is effective April 1, 2016.

ADDRESSES:

For service information identified in this final rule, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected] You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781-238-7125.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2984; 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 Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Christopher McGuire, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all GE GEnx-1B54, -1B58, -1B64, -1B67, and -1B70 turbofan engine models. The NPRM published in the Federal Register on August 27, 2015 (80 FR 51965). The NPRM was prompted by reports of two separate, single engine IFSDs caused by HPT rotor stage 1 blade failure. The NPRM proposed to require inspection and conditional removal of affected HPT rotor stage 1 blades. We are issuing this AD to correct the unsafe condition that could result in failure of the HPT rotor stage 1 blades, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

Comments

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

Support for the NPRM

The National Transportation Safety Board (NTSB) expressed support for the NPRM (80 FR 51965).

Request To Change Applicability

United Airlines (United) requested that the Applicability paragraph be changed to more appropriately address engine models. United stated that the GEnx-1B54 and GEnx-1B58 be removed and GEnx-1B64G03, 1B64G04, 1B67G03, 1B67G04, 1B70G03 and 1B70G04 be added to paragraph (c) Applicability. United indicated this change would improve clarity and accomplishment of the AD.

We disagree. This AD applies to all GE GEnx-1B54, -1B58, -1B64, -1B67, and -1B70 turbofan engine models, as listed in the GEnx type certificate data sheet. We did not change this AD.

Request To Change Compliance

United requested that the Compliance paragraph be changed to clarify maintenance actions. United requested that in paragraph (e) the phrase, “ . . . remove the cracked blade” be changed to read, “ . . . remove the engine containing the cracked blade.” United reasoned that removing the cracked blade is not a maintenance option.

We partially agree. We agree with changing the compliance language to include disposition of a cracked blade. We disagree with using the phrase, “ . . . remove the engine containing the cracked blade” because removal of the cracked blade addresses the unsafe condition.

We revised paragraphs (e)(1)(i) and (e)(1)(ii) of this AD to include, “ . . . remove the cracked blade from service. . . .”

Request To Change the Summary and Unsafe Condition

Boeing and General Electric Company (GE) requested that the Summary and Unsafe Condition paragraphs be clarified to reflect that two separate, single engine IFSDs occurred, prompting the need for this AD.

We agree. We changed the Summary and Unsafe Condition paragraphs of this AD to read: “This AD was prompted by reports of two separate, single engine in-flight shutdowns, caused by HPT rotor stage 1 blade failure. . . .”

Request To Change the Cost of Compliance

Boeing requested that the Costs of Compliance paragraph specifically state that the projected costs are for only the initial inspection and not for repetitive inspections. Boeing indicated this is needed to clarify the cost of compliance.

We agree. We changed the Costs of Compliance paragraph of this AD to include, “We also estimate that it will take about 1 hour per engine to comply with the initial inspection in this AD.”

Request To Change Compliance Time

Japan Airlines (JAL) and GE suggested that in paragraph (e)(1) Compliance, the need to inspect within 1,000 cycles since new (CSN) may not be representative of the fleet.

We disagree. The initial blade inspection compliance time was based on the safety evaluation of the known failures. Any person may make a request for an Alternative Method of Compliance (AMOC) to the compliance times of this AD using the procedures listed herein. We did not change this AD.

Request To Change Compliance

GE requested that the Compliance paragraph be changed to clarify that the criteria of multiple cracks should be based on an individual blade and not multiple blades, each with a single crack.

We agree. We changed paragraph (e)(1)(i) of this AD to read: “. . . , or if more than one axial crack of any length is found on one blade, remove the cracked blade from service before further flight.”

Revision to Service Information

We revised the service information in the Related Information section of this AD to Revision 01 of GE GEnx-1B Service Bulletin (SB) No. 72-0267 R01, dated August 10, 2015. GE made an editorial change to this SB that did not affect its contents.

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. We have determined that these minor changes:

• Are consistent with the intent that was proposed in the NPRM (80 FR 51965) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 51965).

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

Costs of Compliance

We estimate that this AD will affect 4 engines installed on airplanes of U.S. registry. We also estimate that it will take about 1 hour per engine to comply with the initial inspection in this AD. The average labor rate is $85 per hour. Based on these figures, we estimate the total cost of this AD to U.S. operators to be $340.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

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): 2016-04-11 General Electric Company: Amendment 39-18405; Docket No. FAA-2015-2984; Directorate Identifier 2015-NE-21-AD. (a) Effective Date

This AD is effective April 1, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all General Electric Company (GE) GEnx-1B54, -1B58, -1B64, -1B67, and -1B70 turbofan engine models with high-pressure turbine (HPT) rotor stage 1 blade, part number 2305M26P06, installed.

(d) Unsafe Condition

This AD was prompted by reports of two separate, single engine in-flight shutdowns, caused by HPT rotor stage 1 blade failure. We are issuing this AD to prevent failure of the HPT rotor stage 1 blades, which could lead to failure of one or more engines, loss of thrust control, and damage to the airplane.

(e) Compliance

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

(1) Perform an initial borescope inspection (BSI) of the convex surface of the HPT rotor stage 1 blades for axial cracks from the platform to 30% span, within 1,000 blade cycles since new or 25 cycles after the effective date of this AD, whichever occurs later, and disposition as follows:

(i) If any axial crack with a length greater than or equal to 0.3 inch is found, or if any axial crack of any length turning in a radial direction is found, or if more than one axial crack of any length is found on one blade, remove the cracked blade from service before further flight.

(ii) If an axial crack is found with a length greater than or equal to 0.2 inch and less than 0.3 inch, remove the cracked blade from service within 10 blade cycles.

(iii) If an axial crack is found with a length greater than or equal to 0.1 inch and less than 0.2 inch, inspect the cracked blade within 50 blade cycles since last inspection (CSLI).

(iv) If an axial crack is found with a length less than 0.1 inch, inspect the cracked blade within 100 blade CSLI.

(v) If no cracks were found, perform a BSI of the blades within 125 blade CSLI.

(2) Thereafter, perform a repetitive BSI of the convex surface of the HPT rotor stage 1 blades for axial cracks from the platform to 30% span within 125 blade CSLI and disposition as specified in paragraphs (e)(1)(i) through (e)(1)(v) of this AD, or remove the blades from service.

(f) Definition

For the purpose of this AD, a “blade cycle” is defined as the number of engine cycles that a set of rotor blades has accrued, regardless of the engine(s) in which they have operated.

(g) Alternative Methods of Compliance (AMOCs)

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

(h) Related Information

(1) For more information about this AD, contact Christopher McGuire, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7120; fax: 781-238-7199; email: [email protected]

(2) GE GEnx-1B Service Bulletin No. 72-0267 R01, dated August 10, 2015 can be obtained from GE using the contact information in paragraph (h)(3) of this AD.

(3) For service information identified in this AD, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]

(4) 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 February, 18, 2016. Ann C. Mollica, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2016-04031 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-3704; Directorate Identifier 2016-NM-005-AD; Amendment 39-18413; AD 2016-04-19] RIN 2120-AA64 Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes. This AD requires a general visual inspection of the rudder control system to confirm correct alignment and installation of the adjustment device, and repair if necessary. This AD was prompted by a report of disconnection of the kinematic chain from the co-pilot rudder pedals to the rudder control bars located under the cockpit floor; subsequent investigation revealed that the failure was caused by disconnection of the pedal adjustment device from the adjustment actuator. We are issuing this AD to detect and correct incorrect alignment and incorrect installation of the adjustment device, which could lead to loss of the rudder control from the affected side and possibly result in reduced control of the airplane.

DATES:

This AD becomes effective March 14, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 14, 2016.

We must receive comments on this AD by April 11, 2016.

ADDRESSES:

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

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

Fax: 202-493-2251.

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

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

For service information identified in this final rule, contact Airbus Defense and Space S.A., Services/Engineering Support, Avenida de Aragón 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 3127; email [email protected] For U.S. operators, email alternatively [email protected] 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-2016-3704.

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-2016-3704; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

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

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0012, dated January 14, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes. The MCAI states:

An occurrence was reported involving disconnection of the kinematic chain from the co-pilot rudder pedals to the rudder control bars located under the cockpit floor. Subsequent investigation revealed that the failure was caused by disconnection of the pedal adjustment device from the adjustment actuator.

This condition, if not detected and corrected, could lead to loss of the rudder control from the affected side, possibly resulting in reduced control of the aeroplane.

To address this potential unsafe condition, Airbus Defence and Space (Airbus D&S) issued Alert Operators Transmission (AOT) AOT-CN235-27-0002 and AOT-C295-27-0001, as applicable to aeroplane model, to provide inspection instructions.

For the reasons described above, this [EASA] AD requires a one-time general visual inspection (GVI) of the rudder control system and correctness of the installation connection between the adjustment actuators and the adjustment devices of the rudder pedals 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-2016-3704. Related Service Information Under 1 CFR Part 51

Airbus Defence and Space has issued AOT AOT-C295-27-0001, Revision 1, dated September 29, 2015; and AOT-CN235-27-0002, Revision 1, dated September 22, 2015. The service information describes procedures for a general visual inspection of the rudder control system to confirm correct alignment and installation of the adjustment device. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of 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 incorrect alignment and incorrect installation of the adjustment device could lead to loss of the rudder control from the affected side and possibly result in reduced control of the airplane. 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-2016-3704; Directorate Identifier 2016-NM-005-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.

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

Costs of Compliance

We estimate that this AD affects 29 airplanes of U.S. registry.

We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $2,465, or $85 per product.

In addition, we estimate that any necessary follow-on actions will take about 8 work-hours and require parts costing $177, for a cost of $857 per product. We have no way of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

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): 2016-04-19 Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.): Amendment 39-18413. Docket No. FAA-2016-3704; Directorate Identifier 2016-NM-005-AD. (a) Effective Date

This AD becomes effective March 14, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Airbus Defense and Space S.A. (Formerly known as Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100, CN-235-200, CN-235-300, and C-295 airplanes, certificated in any category, all manufacturer serial numbers.

(d) Subject

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

(e) Reason

This AD was prompted by a report of disconnection of the kinematic chain from the co-pilot rudder pedals to the rudder control bars located under the cockpit floor; subsequent investigation revealed that the failure was caused by disconnection of the pedal adjustment device from the adjustment actuator. We are issuing this AD to detect and correct incorrect alignment and incorrect installation of the adjustment device, which could lead to loss of the rudder control from the affected side and possibly result in reduced control of the airplane.

(f) Compliance

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

(g) General Visual Inspection

Within 30 days after the effective date of this AD: Do a general visual inspection of the rudder control system to confirm correct alignment and installation of the adjustment device, in accordance with the instructions of Airbus Defence and Space Alert Operators Transmission (AOT) AOT-C295-27-0001, Revision 1, dated September 29, 2015; or Airbus Defence and Space AOT AOT-CN235-27-0002, Revision 1, dated September 22, 2015; as applicable.

(h) Corrective Action

If, during the general visual inspection required by paragraph (g) of this AD, any discrepancy is found, as specified in Airbus Defence and Space AOT AOT-C295-27-0001, Revision 1, dated September 29, 2015; or Airbus Defence and Space AOT AOT-CN235-27-0002, Revision 1, dated September 22, 2015; as applicable: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design Organization Approval (DOA).

(i) Credit for Previous Actions

This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Defence and Space AOT AOT-C295-27-0001, dated October 23, 2014; or Airbus Defence and Space AOT AOT-CN235-27-0002, dated October 23, 2014; as applicable.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: 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 Airbus Defense and Space S.A.'s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016-0012, dated January 14, 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-2016-3704.

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

(l) Material Incorporated by Reference

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

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

(i) Airbus Defence and Space Alert Operators Transmission AOT-C295-27-0001, Revision 1, dated September 29, 2015.

(ii) Airbus Defence and Space Alert Operators Transmission AOT-CN235-27-0002, Revision 1, dated September 22, 2015.

(3) For service information identified in this AD, contact Airbus Defense and Space S.A., Services/Engineering Support, Avenida de Aragón 404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 3127; email [email protected]. For U.S. operators, email alternatively [email protected]

(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 February 15, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-03883 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0681; Directorate Identifier 2014-NM-201-AD; Amendment 39-18400; AD 2016-04-06] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This AD was prompted by a determination that a repetitive test is needed to inspect the components on airplanes equipped with a certain air distribution system configuration. This AD requires doing repetitive testing for correct operation of the equipment cooling system and low pressure environmental control system, and corrective actions if necessary. This AD also requires, for certain airplanes, installing new relays and doing wiring changes to the environmental control system. We are issuing this AD to detect and correct latent failures of the equipment cooling system and low pressure environmental control system, which, in combination with a cargo fire event, could result in smoke in the flight deck and/or main cabin, and possible loss of aircraft control.

DATES:

This AD is effective April 1, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 1, 2016.

ADDRESSES:

For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; 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-2015-0681.

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-2015-0681; 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:

Stanley Chen, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The NPRM published in the Federal Register on April 1, 2015 (80 FR 17368) (“the NPRM”). The NPRM was prompted by a determination that a repetitive test is needed to inspect the components on airplanes equipped with a certain air distribution system configuration. The NPRM proposed to require repetitive testing for correct operation of the equipment cooling system and low pressure environmental control system, and corrective actions if necessary. The NPRM also proposed to require, for certain airplanes, installing new relays and doing wiring changes to the environmental control system. We are issuing this AD to detect and correct latent failures of the equipment cooling system and low pressure environmental control system, which, in combination with a cargo fire event, could result in smoke in the flight deck and/or main cabin, and possible loss of aircraft control.

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.

Request To Clarify Conditions Leading to Unsafe Condition

Boeing requested that we revise the unsafe condition to clarify that latent failures of the equipment cooling system and low pressure environmental control system alone do not create the unsafe condition addressed in the NPRM. Boeing explained that the unsafe condition is a combination of a failure of both systems along with a cargo fire event, which could lead to a smoke penetration hazard.

We agree to revise the description of the events leading to the unsafe condition, and have revised the SUMMARY section in this final rule and paragraph (e) of this AD accordingly.

Request To Clarify Unsafe Condition

Boeing requested that we revise the NPRM to clarify that the hazard being mitigated by the NPRM is smoke penetration into the occupied areas of the airplane—the flight deck or the main cabin (not just the flight deck). Boeing stated that failure of the equipment cooling system and/or low pressure environmental control system, in combination with a cargo fire event, could lead to cargo smoke penetration into the flight deck and/or main cabin, either of which could be catastrophic.

We agree that clarification is needed to specify that the hazard being mitigated by the NPRM is smoke penetration into flight deck and main cabin, which are occupied areas of the airplane. We have revised the SUMMARY section in this final rule and paragraph (e) of this AD accordingly.

Request To Match Repetitive Interval in Service Information

Boeing, Delta Airlines (Delta), United Airlines (United), and Yuta Kobayashi requested that we revise the repetitive interval for the operational test from 9,000 flight cycles to 9,000 flight hours. Boeing stated that a 9,000 flight-hour interval is supported by a fault tree analysis, whereas the repetitive interval of 9,000 flight cycles required by the NPRM is not. Mr. Kobayashi stated that a correction needed to be made since Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, states the repetitive interval in flight hours.

We agree with the request to revise the repetitive interval since the repetitive interval in flight hours matches the interval stated in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014. In the proposed AD, we inadvertently specified flight “cycles” instead of flight “hours.” We have revised the interval in paragraph (g) of this AD from flight “cycles” to flight “hours.”

Request To Clarify Airplanes Subject to Repetitive Testing Requirement

The Discussion section of the NPRM stated that a repetitive test is needed on airplanes equipped with an air distribution system that had been reconfigured in accordance with Boeing Special Attention Service Bulletin 737-26-1122. Boeing requested that we revise the NPRM to clarify that all Model 737-600, -700, -700C, -800, -900 and -900ER airplanes are subject to the repetitive testing (as specified in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014)—not just those airplanes with reconfigured air distribution systems. Boeing added that Model 737-700C and 737-900 airplanes were not subject to the same changes and thus were not included in the effectivity of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009.

We agree that Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, describes procedures for the operational testing of the equipment cooling system and low pressure environmental control systems, and that all 737-600, -700, -700C, -800, -900 and -900ER airplanes are subject to this repetitive testing. However, the Discussion section that appeared in the NPRM is not repeated in this final rule. Therefore no change has been made to this final rule in this regard.

Request To Exclude Certain Airplanes From Applicability

Delta requested that we revise the NPRM to exclude airplanes that have not been modified by Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009. Delta further requested that these airplanes be subject to evaluation for additional separate rulemaking.

Delta stated that it believes two separate airworthiness concerns must be addressed. Delta stated that the first concern identified by the NPRM is a potential latent failure of the equipment cooling system and low pressure environmental control system; Delta noted this condition is addressed by Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014.

Delta stated that the second concern, not identified by the NPRM, is the need to properly isolate the occupied areas of the airplane from smoke intrusion in the event of a cargo compartment fire; Delta noted this condition is addressed by the following service information:

• Boeing Special Attention Service Bulletin 737-26-1121, Revision 1, dated October 26, 2009.

• Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009.

• Boeing Special Attention Service Bulletin 737-21-1135, Revision 1, dated November 13, 2008.

• Boeing Special Attention Service Bulletin 737-21-1163, Revision 1, dated December 17, 2009.

Delta stated this service information introduces, among other tasks, better sealing of the cargo compartment and changes to the environmental control system to keep the cargo compartment at a lower pressure than that of the cabin in order to keep smoke from a cargo compartment fire out of occupied areas.

We disagree with the request to exclude the airplanes identified by the commenter and consider separate rulemaking for those airplanes. The primary airworthiness concern addressed by the requirements in this AD is the lack of a procedure to detect and correct latent failures of the equipment cooling system and low pressure environmental control system, which, in combination with a cargo fire event, could result in smoke in the flight deck and/or main cabin, and possible loss of aircraft control. This unsafe condition affects all Model 737-600, -700, -700C, -800, -900, and -900ER airplanes, regardless of whether Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, has been done. Therefore, all Model 737-600, -700, -700C, -800, -900, and -900ER airplanes are subject to the repetitive testing in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, not just those airplanes reconfigured using Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009.

For certain airplanes, Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, is a concurrent requirement because the actions specified Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, must be done to make sure the testing results are satisfactory (e.g., electrical components that are required to reconfigure the air distribution system during a cargo fire event need to be installed).

In addition, the installation and changes specified in paragraph B. “Concurrent Requirements” of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, will need to be implemented, if not already done, in order accomplish the concurrent requirements as specified in Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009. These measures are necessary to properly isolate the occupied areas of the aircraft from smoke penetration in the event of a cargo compartment fire, such as changes to the cargo compartment sealing and equipment cooling system to keep the cargo compartment at a lower pressure than the cabin pressure. Therefore, we have not changed this final rule regarding this issue.

Request To Incorporate Additional Service Information and Revise the Costs of Compliance Section

Delta and Southwest Airlines (Southwest) requested that the Costs of Compliance section of the NPRM be revised to capture the costs of the following service information since they are identified as “Concurrent Requirements” in Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009:

• Boeing Special Attention Service Bulletin 737-26-1121, Revision 1, dated October 26, 2009.

• Boeing Special Attention Service Bulletin 737-21-1135, Revision 1, dated November 13, 2008.

• Boeing Special Attention Service Bulletin 737-21-1163, Revision 1, dated December 17, 2009.

Delta stated these concurrent service bulletins add a significant burden to operators in terms of labor and time since they amount to 190 additional work-hours. Delta added that since these concurrent actions add significant change in scope, it is necessary to withdraw the existing proposed rule, allow operators the opportunity to comment on their incorporation, and reissue a revised rule with a new comment period. Additionally, Delta asked that these documents be specified by their explicit revision level in order to ensure the correct intended compliance actions are satisfied.

We agree to add the labor and parts costs for concurrent accomplishment of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, because it is a requirement of this final rule for Group 1 airplanes; the costs for this action were inadvertently omitted from the NPRM.

We also acknowledge the installation and changes specified in paragraph B. “Concurrent Requirements” of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, may also need to be done for certain airplanes. We have therefore revised the Costs of Compliance section of this final rule by adding 208 work-hours and a parts cost of $27,323 for the concurrent action.

We do not agree to withdraw the existing NPRM and reissue a revised NPRM with a new comment period. To delay this final rule would be inappropriate, since we have determined that an unsafe condition exists. However, under the provisions of paragraph (j) of this AD, we may approve requests for adjustments to the compliance time if data are submitted to substantiate that such an adjustment would provide an acceptable level of safety. We have not changed this final rule in this regard.

Request To Clarify Conflicting Concurrent Requirements

Jet2.com requested that compliance guidance be given for airplanes equipped with Supplemental Type Certificate (STC) ST02076LA (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/73f6dd3b3bfe1890862578af0053cf0a/$FILE/ST02076LA.pdf); specifically, Jet2.com asked for clarification for airplanes that accomplished STC ST02076LA as an alternative action to installing the automatic shutoff system for the center tank fuel boost pumps using Boeing Alert Service Bulletin 737-28A1206, Revision 2, dated May 21, 2009, which is required by AD 2011-18-03, Amendment 39-16785 (76 FR 53317, August 26, 2011). Jet2.com explained that while the concurrent service information is clear for accomplishing the required actions of the proposed AD, actions for airplanes having STC ST02076LA are not clear.

We agree to clarify the concurrent requirements of this AD. Paragraph B., “Concurrent Requirements,” of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, refers to Boeing Special Attention Service Bulletin 737-21-1135, dated December 12, 2007, for certain changes. However, Boeing Special Attention Service Bulletin 737-21-1135, dated December 12, 2007, inadvertently specified concurrent accomplishment of Boeing Alert Service Bulletin 737-28A1206, dated January 11, 2006. Boeing subsequently issued Special Attention Service Bulletin 737-21-1135, Revision 1, dated November 13, 2008, which no longer identifies Boeing Alert Service Bulletin 737-28A1206, dated January 11, 2006, as concurrent service information. We have revised paragraph (h) of this AD to clarify the concurrent requirements and state that Boeing Alert Service Bulletin 737-28A1206, dated January 11, 2006, is not required by this AD.

Request To Clarify Initial Compliance Time for Production Airplanes

American requested that we clarify the initial compliance times for airplanes that have not yet been delivered, since the proposed AD specifies a compliance time for the initial testing of only in-service airplanes, but not airplanes that are in production. American also requested a more definitive method of determining aircraft effectivity than relying on “the `Get Effectivity' function on myboeingfleet.com” as specified in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014.

We agree that clarification is necessary. Group 3 airplanes in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, are identified as those having line numbers 1701 and all line numbers after 1701. It is not necessary to use the `Get Effectivity' function on “myboeingfleet.com” because airplanes in production are Group 3 airplanes. The compliance time for Group 3 airplanes as specified in the NPRM is within 10 months. However, we have determined that for airplanes having line numbers 4923, 4924, and 4926 and subsequent, which were delivered after the issuance of Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, a compliance time of “before the accumulation of 9,000 total flight hours” will provide an acceptable level of safety. We have coordinated this change with Boeing. As a result, we have restructured paragraph (g) to include new subparagraphs (g)(1) and (g)(2).

Request To Revise Initial Compliance Time Relative to AD Effective Date

United requested that we clarify the initial compliance times for the test for correct operation of the equipment cooling system and low pressure environmental control system of the proposed AD. United requested that the compliance time be revised from the effective date of the service bulletin to the effective date of the AD since Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, was not required at the time it was published and therefore, some operators may already be beyond the compliance time when this AD is issued.

We agree that clarification is necessary. This AD requires compliance within the specified compliance time after the effective date of this AD. This provision was specified in paragraph (i) of the proposed AD, and is retained in this AD. We have not changed this AD in this regard.

Request To Refer to a Maintenance Planning Document (MPD) as a Method of Compliance

Aeroflot requested that we refer to Boeing Maintenance Planning Document B737 MPD 21-050-00. Aeroflot stated that the MPD and Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, refer to the same task specified in Boeing Airplane Maintenance Manual 21-27-00-700.

We disagree with the request. Although this final rule does not refer to Boeing B737 MPD 21-050-00 as a method of compliance, operators may apply for an alternative method of compliance (AMOC) for these actions in accordance with the provisions of paragraph (j)(1) of this AD if sufficient data are submitted to substantiate that the MPD provides an acceptable level of safety. We have not changed this AD in this regard.

Clarification Regarding the Installation of Winglets

Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does not affect compliance.

We agree with the commenter that Supplemental Type Certificate (STC) ST00830SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/408E012E008616A7862578880060456C?OpenDocument&Highlight=st00830se) does not affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST00830SE does not affect the ability to accomplish the actions required by this AD. We have not changed this AD in this regard.

Conclusion

We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD 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 Alert Service Bulletin 737-26A1137, dated May 22, 2014, which describes procedures for repetitive testing for correct operation of the smoke clearance mode of the equipment cooling system and low pressure environmental control system, and applicable corrective actions.

We also reviewed Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, which describes procedures for installing new relays and doing wiring changes to the environmental control system.

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 1,372 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
  • Operational Test 4 work-hours × $85 per hour = $340 per operation test cycle $0 $340 per operation test cycle $466,480 per operation test cycle. Installation of new relays and wiring changes to the environmental control system (concurrent actions) (up to 613 airplanes) Up to 208 work-hours × $85 per hour = $17,680 Up to $27,323 Up to $45,003 Up to $27,586,839.

    We estimate the following costs to do any necessary system fault isolation and replacements that would be required based on the results of the operational test. We have no way of determining the number of aircraft that might need these actions:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Perform system fault isolation and replace faulty component 10 work-hours × $85 per hour = $850 $0 $850
    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): 2016-04-06 The Boeing Company: Amendment 39-18400; Docket No. FAA-2015-0681; Directorate Identifier 2014-NM-201-AD. (a) Effective Date

    This AD is effective April 1, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes, certificated in any category.

    (d) Subject

    Air Transport Association (ATA) of America Code 2120, Air Distribution System.

    (e) Unsafe Condition

    This AD was prompted by a determination that repetitive inspection is needed to inspect the components on airplanes equipped with a certain air distribution system configuration. We are issuing this AD to detect and correct latent failures of the equipment cooling system and low pressure environmental control system, which, in combination with a cargo fire event, could result in smoke in the flight deck and/or main cabin, and possible loss of aircraft control.

    (f) Compliance

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

    (g) Repetitive Operational Tests and Corrective Action

    At the applicable times specified in paragraph (g)(1) or (g)(2) of this AD, do a test for correct operation of the smoke clearance mode of the equipment cooling system and low pressure environmental control system, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014. Do all applicable corrective actions before further flight. Repeat the test thereafter at intervals not to exceed 9,000 flight hours.

    (1) For airplanes other than those identified in paragraph (g)(2) of this AD: At the applicable times identified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, except as required by paragraph (i) of this AD.

    (2) For airplanes having line numbers 4923, 4924, and 4926 and subsequent: Before the accumulation of 9,000 total flight hours.

    (h) Concurrent Requirements

    For Group 1 airplanes identified in Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014: Before or concurrently with accomplishing the initial operational test required of paragraph (g) of this AD, install new relays and do wiring changes to the environmental control system, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009. When the actions required by this paragraph are done, the installation and changes specified in paragraph B. “Concurrent Requirements” of Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009, must also be done. However, operators should note that Boeing Alert Service Bulletin 737-28A1206, dated January 11, 2006, is not required by this AD.

    (i) Exception to the Service Information

    Where paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014, 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.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (k) 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) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(3)(i) and (j)(3)(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. 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.

    (k) Related Information

    For more information about this AD, contact Stanley Chen, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6585; fax: 425-917-6590; email: [email protected]

    (l) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin 737-26A1137, dated May 22, 2014.

    (ii) Boeing Special Attention Service Bulletin 737-26-1122, Revision 1, dated August 13, 2009.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.

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

    (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 February 8, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-03459 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 11, 16, and 111 [Docket No. FDA-2015-N-0797] RIN 0910-AG64 and 0910-AG66 The Food and Drug Administration Food Safety Modernization Act: Prevention-Oriented Import System Regulations and Implementation; Public Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of public meeting.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing a public meeting entitled “FDA Food Safety Modernization Act: Prevention-Oriented Import System Regulations and Implementation.” The public meeting will provide importers and other interested persons an opportunity to discuss import safety regulations and programs, including final rules for foreign supplier verification programs (FSVPs) for importers of food for humans and animals (the FSVP final rule) and accreditation of third-party certification bodies (the third-party certification final rule). Participants will also be briefed on the status of FDA's Voluntary Qualified Importer Program (VQIP), which is still in development. Additionally, the public meeting will provide importers and other interested persons an opportunity to discuss FDA's comprehensive planning effort for the next phase of the FDA Food Safety Modernization Act implementation relating to import safety programs, which includes establishing the operational framework for these programs and plans for guidance documents, training, education, and technical assistance.

    DATES:

    See section III, “How to Participate in the Public Meeting” in the SUPPLEMENTARY INFORMATION section of this document for dates and times of the public meeting, closing dates for advance registration, and requesting special accommodations due to disability.

    ADDRESSES:

    See section III, “How to Participate in the Public Meeting” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For questions about registering for the meeting, or to register by phone: Courtney Treece, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 704-258-4983, FAX: 469-854-6992, email: [email protected]

    For general questions about the meeting or for special accommodations due to a disability: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS-009), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-1731, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    The FDA Food Safety Modernization Act (FSMA) (Pub. L.111-353), signed into law by President Obama on January 4, 2011, enables FDA to better protect public health by helping to ensure the safety and security of the food supply. FSMA amends the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish the foundation of a modernized, prevention-based food safety system. Among other things, FSMA directs FDA to issue regulations requiring preventive controls for human food and animal food, setting standards for produce safety, and requiring importers to perform certain activities to help ensure that the food they bring into the United States is produced in a manner consistent with U.S. safety standards.

    In the Federal Register of November 27, 2015, we published the FSVP final rule (80 FR 74225) and the third-party certification final rule (80 FR 74569).

    The FSVP final rule requires importers of food to verify that their foreign suppliers use processes and procedures that provide the same level of public health protection as the preventive controls and produce safety regulations, where applicable, and also to verify that the food they import is not adulterated and is not misbranded with respect to food allergen labeling.

    The third-party certification final rule adopts regulations to provide for accreditation of third-party certification bodies to conduct food safety audits of foreign entities, including registered foreign food facilities, and to issue food and facility certifications under FSMA. Certification will be required to establish VQIP eligibility. To prevent potentially harmful food from reaching U.S. consumers, in specific circumstances FDA also may require a food offered for import to be accompanied by a certification.

    On June 5, 2015, we published a notice of availability of a draft guidance for industry on VQIP for importers of human or animal food (80 FR 32136). The draft guidance describes and answers questions about VQIP. To ensure that we consider comments on the draft guidance before we complete a final version of the guidance, we invited electronic or written comments on the draft guidance by August 19, 2015.

    The FSVP and third-party certification final rules and related fact sheets are available on FDA's FSMA Web page located at http://www.fda.gov/FSMA.

    The FSVP and third-party certification final rules are two of several final rules that will establish the foundation of, and central framework for, the modern food safety system envisioned by Congress in FSMA.

    II. Purpose and Format of the Public Meeting

    FDA is holding the public meeting on FSMA's prevention-oriented import system to brief participants on the key components of the FSVP and third-party certification final rules; brief participants on the status of the VQIP; discuss the plans for guidance documents related to import safety, as well as training, education, and technical assistance; provide an update on the development of a risk-based industry oversight framework that are at the core of FSMA; and answer questions about these import programs.

    The public meeting is an opportunity for FDA to share its current thinking on implementation plans for programs related to import safety. We encourage interested persons to provide feedback during the meeting on any ideas that we present at the public meeting related to the operational aspects of FSMA implementation. The agenda and other documents will be accessible on our FSMA Web site at http://www.fda.gov/FSMA before the public meeting.

    There will be an opportunity for stakeholders who are unable to participate in person to join the meeting via Webcast. (See section III for more information on the Webcast option.)

    Following the public meeting, FDA plans to continue dialogue on implementation of these import safety programs with a series of regional meetings across the United States.

    III. How To Participate in the Public Meeting

    We are holding the public meeting on March 21, 2016, from 8:30 a.m. until 5 p.m., at FDA's Center for Food Safety and Applied Nutrition, Wiley Auditorium, 5100 Paint Branch Parkway, College Park, MD 20740. Due to limited space and time, we encourage all persons who wish to attend the meeting to register in advance. There is no fee to register for the public meeting, and registration will be on a first-come, first-served basis. Early registration is recommended because seating is limited. Onsite registration will be accepted, as space permits, after all preregistered attendees are seated.

    Those requesting an opportunity to make an oral presentation during the time allotted for public comment at the meeting are asked to focus their remarks on the implementation or operational aspects of the import safety programs. To make such a presentation, please submit a request and provide the specific topic or issue to be addressed. Due to the anticipated high level of interest in presenting public comment and the limited time available, we are allocating 3 minutes to each speaker to make an oral presentation. Speakers will be limited to making oral remarks; there will not be an opportunity to display materials such as slide shows, videos, or other media during the meeting. If time permits, individuals or organizations that did not register in advance may be granted the opportunity to make an oral presentation. We would like to maximize the number of individuals who make a presentation at the meeting and will do our best to accommodate all persons who wish to make a presentation or express their opinions at the meeting.

    We encourage persons and groups who have similar interests to consolidate their information for presentation by a single representative. After reviewing the presentation requests, we will notify each participant before the meeting of the approximate time their presentation is scheduled to begin, and remind them of the presentation format (i.e., 3-minute oral presentation without visual media).

    We encourage interested persons to provide feedback on any ideas that we present at the public meeting related to the operational aspects of FSMA implementation.

    Table 1 provides information on participation in the public meeting.

    Table 1—Information on Participation in the Meeting Date Electronic address Address Other Information Attend public meeting March 21, 2016, from 8:30 a.m. to 5 p.m. ET Please preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, 5100 Paint Branch Parkway, College Park, MD 20740 Registration check-in begins at 8 a.m. View Webcast March 21, 2016, from 8:30 a.m. to 5 p.m. ET Individuals who wish to participate by Webcast are asked to preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm The Webcast will have closed captioning. Preregister Register by March 14, 2016 Individuals who wish to participate in person are asked to preregister at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm We encourage the use of electronic registration, if possible1 There is no registration fee for the public meeting. Request to make a public comment Request by March 7, 2016 Individuals who wish to make a public comment during the Open Public Comment and Q&A Session are asked to submit request at http://www.fda.gov/Food/NewsEvents/WorkshopsMeetingsConferences/default.htm Request special accommodations due to a disability Request by March 7, 2016 Juanita Yates, email: [email protected] See FOR FURTHER INFORMATION CONTACT Submit electronic questions about the FSMA final rules Submit questions to the FDA FSMA Technical Assistance Network at http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm459719.htm For more information about the FDA FSMA Technical Assistance Network, visit http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm459719.htm. 1 You may also register via email, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Courtney Treece, Planning Professionals Ltd., 1210 West McDermott St., Suite 111, Allen, TX 75013, 704-258-4983, FAX: 469-854-6992, email: [email protected] IV. Transcripts and Recorded Video

    Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov and at FDA's FSMA Web site at: http://www.fda.gov/FSMA. You may also view the transcript at the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. The Freedom of Information office address is available on FDA's Web site at http://www.fda.gov. Additionally, we will be video recording the public meeting. Once the recorded video is available, it will be accessible at FDA's FSMA Web site at http://www.fda.gov/FSMA.

    Dated: February 23, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-04127 Filed 2-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1301 [Docket No. DEA-394F] RIN 1117-AB38 Removal of Exemption From Registration for Persons Authorized Under U.S. Nuclear Regulatory Commission or Agreement State Medical Use Licenses or Permits and Administering the Drug Product DaTscan AGENCY:

    Drug Enforcement Administration, Department of Justice.

    ACTION:

    Final rule.

    SUMMARY:

    On November 25, 2014, the Drug Enforcement Administration published the interim final rule titled “Exemption from Registration for Persons Authorized Under U.S. Nuclear Regulatory Commission or Agreement State Medical Use Licenses or Permits and Administering the Drug Product DaTscan.” The Drug Enforcement Administration is hereby removing this interim final rule as it is no longer needed, as a result of the removal of [123I]ioflupane from the schedules of controlled substances effective September 11, 2015.

    DATES:

    Effective Date: February 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Barbara J. Boockholdt, Office of Diversion Control, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598-6812.

    SUPPLEMENTARY INFORMATION:

    Legal Authority

    The Drug Enforcement Administration (DEA) implements and enforces Titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended. 21 U.S.C. 801-971. Titles II and III are referred to as the “Controlled Substances Act” and the “Controlled Substances Import and Export Act,” respectively, and are collectively referred to as the “Controlled Substances Act” or the “CSA” for the purpose of this action. The DEA publishes the implementing regulations for these statutes in title 21 of the Code of Federal Regulations (CFR), chapter II. The CSA and its implementing regulations are designed to prevent, detect, and eliminate the diversion of controlled substances and listed chemicals into the illicit market while providing for the legitimate medical, scientific, research, and industrial needs of the United States. Controlled substances have the potential for abuse and dependence and are controlled to protect the public health and safety.

    Under the CSA, each controlled substance is classified into one of five schedules based upon its potential for abuse, its currently accepted medical use in treatment in the United States, and the degree of dependence the substance may cause. 21 U.S.C. 812. The initial schedules of controlled substances established by Congress are found at 21 U.S.C. 812(c), and pursuant to 21 U.S.C. 812 (a) and (b), the current list of all scheduled substances is published at 21 CFR part 1308.

    Pursuant to 21 U.S.C. 822(a)(1), every person who manufactures or distributes any controlled substance or list I chemical, or who proposes to engage in the manufacture or distribution of any controlled substance or list I chemical, shall obtain annually a registration issued by the Attorney General in accordance with the rules and regulations promulgated by the Attorney General. Further, pursuant to 21 U.S.C. 822(a)(2), every person who dispenses, or who proposes to dispense, any controlled substance, shall obtain from the Attorney General a registration issued in accordance with the rules and regulations promulgated by the Attorney General.

    The Attorney General however may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if the Attorney General finds it consistent with the public health and safety pursuant to 21 U.S.C. 822(d). The Attorney General delegated this authority to the Administrator of the DEA, 28 CFR 0.100(b), who in turn redelegated that authority to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”). 28 CFR part 0, subpart R, App. section 7.

    Background

    On November 25, 2014, the DEA published an interim final rule (IFR) exempting from registration persons authorized under Nuclear Regulatory Commission (NRC) or Agreement State Medical Use Licenses or permits and administering the drug product DaTscan directly to patients for diagnostic purposes. 79 FR 70085. The IFR was intended to alleviate the regulatory burdens on those administering the drug product DaTscan, to allow more patients to receive important diagnostic testing. Additionally, because persons who administer DaTscan are subject to strict NRC/Agreement State requirements, the DEA determined in the IFR that the waiver from registration of persons who administer DaTscan was consistent with the public health and safety. The IFR provided an opportunity for interested persons to submit written comments on the rulemaking on or before January 26, 2015.

    However, effective September 11, 2015, the DEA removed [123I]ioflupane from the schedules of controlled substances. 80 FR 54715. [123I]Ioflupane is the active pharmaceutical ingredient in DaTscan. Accordingly, a registration exemption is no longer necessary for persons who administer the drug product DaTscan. As the DEA explained in the final rule removing [123I]ioflupane from the schedules of controlled substances, all of the administrative, civil, and criminal sanctions applicable to controlled substances no longer apply to those persons who handle [123I]ioflupane, or any drug products that contain [123I]ioflupane, on or after September 11, 2015.

    Because the decontrol of [123I]ioflupane supersedes the registration exemption provided in the IFR, the DEA hereby finalizes the rulemaking procedure that was initiated with the November 25, 2014, IFR (79 FR 70085) by publishing this final rule removing that regulation. Below the DEA has provided a discussion of comments received in response to the IFR. 79 FR 70085.

    Comments Received

    The DEA received six comments on the IFR. Two comments were from GE Healthcare, the manufacturer of the drug product DaTscan, one comment was from a professor of pharmaceutical sciences, two comments were from nuclear medicine industry groups, and one comment was from a Parkinson's Disease advocacy group.

    Decontrol of DaTscan:

    Five commenters requested that the DEA follow the November 2, 2010, recommendation by the U.S. Department of Health and Human Services (HHS) to decontrol the drug product DaTscan. One commenter stated that the DEA is bound by the HHS' recommendation. Additionally, five of these commenters cited the lack of abuse of the drug product DaTscan as a reason why it should be decontrolled.

    Response: There is no doubt that, as a derivative of cocaine, ioflupane is a schedule II controlled substance. Congress specified that “cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this paragraph” are schedule II controlled substances. 21 U.S.C. 812(c), Schedule II, (a)(4) (emphasis added). A radioactive form of ioflupane is contained within the drug product DaTscan; accordingly DaTscan was controlled as a schedule II substance at the time of the IFR. The fact that there is a low likelihood of diversion of the drug product DaTscan at the dispensing level supported the registration exemption provided by the IFR at that time.

    As stated in the IFR, the DEA was continuing to review the control status of [123I]ioflupane pursuant to 21 U.S.C. 811. The IFR was separate and apart from the control process, and did not resolve the control status of [123I]ioflupane. The purpose of the IFR was to encourage use and expand access of this drug product as a diagnostic tool until the control status of DaTscanTM was resolved. Subsequently, effective September 11, 2015, the DEA removed [123I]ioflupane from the schedules of controlled substances. The factors in support of removing [123I]ioflupane from the schedules of controlled substances are summarized in the notice of proposed rulemaking and the final rule, (80 FR 13455 and 80 FR 54715, respectively). The DEA explained in the final rule that as a result of removing [123I]ioflupane from the schedules of controlled substances, all of the administrative, civil, and criminal sanctions applicable to controlled substances no longer apply to those persons who handle [123I]ioflupane.

    Expedited Rulemaking under the Administrative Procedure Act:

    One commenter expressed concern that the DEA did not undertake notice and comment procedures before promulgating the IFR. The same commenter stated that the IFR did not meet the legal requirements for expedited rulemaking nor for the issuance of a rule with an immediate effective date, asserting that the IFR did not meet the requirements of the good cause exception to make a rule immediately effective.

    Response: A rule is exempt from certain provisions of the Administrative Procedure Act (APA), including notice of proposed rulemaking and the pre-promulgation opportunity for public comment, if the agency for good cause determines that those procedures are unnecessary, impracticable, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). The IFR was intended to enable more persons to administer DaTscan, thereby helping to increase patient access to its diagnostic benefits. The DEA for good cause found that it was unnecessary and contrary to the public interest to seek public comment prior to promulgating the IFR because, without prompt exemption from registration, some members of the health care community would not have been able to utilize this diagnostic tool. It was reasonable to expect that alleviating the registration burden would stimulate use, thereby expanding access. In addition, this exemption was intended to reduce costs for imaging centers because they would not have had to pay DEA registration fees (unless they also handle other pharmaceutical controlled substances).

    The IFR alleviated certain registration, security, recordkeeping, reporting, and labeling requirements for persons authorized under the NRC, or Agreement State medical use licenses or permits, who administer the drug product DaTscan to a patient for diagnostic purposes. The APA requires the publication of a substantive rule to be made not less than 30 days before its effective date. 5 U.S.C. 553(d). However, the APA allows an exception for “a substantive rule which grants or recognizes an exemption or relieves a restriction.” 5 U.S.C. 553(d)(1). The DEA found that the IFR met this criterion.

    Although a notice of proposed rulemaking was not published with regard to the drug product DaTscan, the DEA published an IFR with request for comment on November 25, 2014. The comment period for the IFR closed on January 26, 2015, and in that 60-day time frame, the DEA received six comments on the rulemaking, and has considered those comments herein.

    Exemption from Registration for Radiopharmacies:

    One commenter stated that the registration exemption should be expanded to include nuclear pharmacies (also known as radiopharmacies) that distribute DaTscan, because it would increase patient access to DaTscan.

    Response: At the time of the IFR, radiopharmacies that transferred DaTscan to imaging centers and hospitals were required to be registered as distributors because they transferred the now decontrolled substance to other registrants for subsequent administration pursuant to the authority of a DEA Form 222 or digitally signed electronic order rather than pursuant to the authority of a prescription or other lawful order. The commenter does not state how such an exemption would increase patient access, and the radiopharmacy (i.e., the registered distributor of DaTscan) commented that the barrier to patient access is the registration requirement at the imaging centers, rather than at the distributor or manufacturer levels. Therefore, it was appropriate that the IFR did not include radiopharmacies within the scope of the registration exemption.

    Inconsistency between Federal and State Law:

    Three commenters asserted concern that the IFR could not directly exempt anyone from state requirements since most states would not automatically incorporate federal exemptions into their corresponding regulatory systems. The commenters expressed further concern that each state would require an independent rulemaking process to implement the registration exemption.

    Response: Before promulgation of the IFR, only imaging centers that operated in accordance with NRC or Agreement State regulations and that were DEA registrants were able to administer the drug product DaTscan. The IFR alleviated the requirement to register with the DEA, as well as the associated security, recordkeeping, and reporting requirements for persons authorized under the NRC or Agreement State medical use licenses or permits who administer the drug product DaTscan to a patient for diagnostic purposes.

    With respect to the relationship between Federal and State law in the area of controlled substances, the IFR did not alter State law. The CSA shall not be “construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless that is a positive conflict between that provision . . . and that State law so that the two cannot consistently stand together.” 21 U.S.C. 903. Accordingly, any applicable State law that is more stringent than Federal law applies.

    This lack of uniformity between Federal and State law with respect to the treatment of controlled substances is not uncommon, and it is encountered by registrants and non-registrants that lawfully handle controlled substances. For example, some states control substances that are not Federally controlled or control substances more stringently than the Federal controls (e.g., carisoprodol, tramadol, pseudoephedrine products). Still other states prohibit activities that are allowed under the CSA (e.g., collection and disposal of controlled substances by certain entities). These issues with respect to lack of uniformity between Federal and State law may also be present with respect to the recent removal of [123I]ioflupane from the schedules of controlled substances.

    In addition, the exemption provided by the IFR was very similar to the DEA-authorized exemption for certain chemical preparations pursuant to 21 CFR 1308.23. In accordance with 21 CFR 1308.23 and 1308.24, certain preparations or mixtures containing one or more controlled substances can be exempt from regulations pertaining to registration, security, labeling, records, and reports. In 2014, the DEA exempted almost 1,500 preparations from certain regulatory requirements, a number that has increased considerably since 2011 when the DEA exempted 390 chemical preparations. It is the DEA's understanding that there has been no confusion with respect to State laws which apply to these chemical preparations. As the registration exemption in the IFR was similar to the exemptions provided for certain chemical preparations, the DEA believed at the time of the IFR that it was unlikely that the IFR would create complications with State laws.

    Disposal:

    Three commenters discussed the issue of disposal of the drug product DaTscan. One commenter expressed concern that hospitals and other practitioners currently registered with the DEA and administering the drug product DaTscan are required to change their existing disposal practices with respect to DaTscan as a result of the IFR. The commenter noted that the IFR language can be read to impose new requirements for those handling the drug product DaTscan. The commenter also stated that it was not practice for the current distributor to take back unused portions of DaTscan from those administering the drug product, and that the current distributor is not licensed as a reverse distributor. The commenter also stated that the DEA did not specify the volume of the drug product DaTscan which would constitute “unused” product, and inquired about the use of DEA Forms 41 and 222.

    Another commenter expressed concern that requiring exempt entities (e.g., imaging centers) to return the unused DaTscan to the distributor will increase costs to exempt entities.

    Response: Under the IFR, hospitals, imaging centers, and other practitioners that were already registered with the DEA were not required to follow the procedures in the IFR if they chose to handle DaTscan as a DEA registrant. Only those entities that chose to benefit from the exemption had to adhere to the requirements of the IFR. Therefore, those entities already registered with the DEA that did not wish to be exempt from registration when handling DaTscan, were permitted to continue to handle the drug product DaTscan, including disposal, in accordance with applicable law.

    At the time of the IFR, the DEA understood that it was common practice for radiopharmacies to take back unused radioactive material in vials and dosage unit syringes, as well as empty vials and empty dosage unit syringes from the medical use licensee, as long as they were originally provided by the radiopharmacy. Further, the DEA understood that as long as the radiopharmacy is authorized under its NRC or Agreement State license for this return, and does not receive anything that it did not send to the medical use licensee, the radiopharmacy is not considered a waste broker in accordance with NRC or Agreement State regulations. The DEA appreciates the commenter's clarification of the business practices relating to the drug product DaTscan.

    As discussed, effective September 11, 2015, the DEA removed [123I]ioflupane from the schedules of controlled substances. The DEA explained in the final rule removing [123I]ioflupane from the schedules of controlled substances, none of the requirements applicable to controlled substances will apply on or after that date to those persons who handle [123I]ioflupane, such as the drug product DaTscan, including use of the DEA Form 41 and 222. 80 FR 54715.

    Compliance with Executive Order 12866:

    One commenter expressed concern that the DEA determined that the IFR was a non-significant regulatory action and had, therefore, circumvented interagency review. The commenter stated that the IFR represents a drastic and notable departure from established practice in the healthcare industry. The commenter was also concerned that the interaction with existing laws and regulations promulgated by other federal agencies should have resulted in interagency review, and the process undertaken by the DEA for the IFR will have a precedential effect on future DEA rulemakings.

    Response: To be a significant regulatory action in accordance with Executive Order 12866 (E.O. 12866) the action must meet one of the four factors set forth in E.O. 12866.1 The DEA determined that the IFR did not meet any of the four factors. In addition, the Office of Management and Budget concurred with the assessment that the IFR was not significant under E.O. 12866, sec. 6.

    1 As provided in Executive Order Section 12866, Regulatory Planning and Review, sec. 3(f): “Significant regulatory action” means any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.

    Labeling Requirements:

    One commenter stated that the DEA is unable to waive the CSA's requirement (21 U.S.C. 825) that controlled substances be labeled as such, and that the DEA is unable to waive labeling requirements enforced by the Food and Drug Administration (FDA).

    Response: Initially the DEA included the waiver for labeling so that those exempted by this waiver would not be confused by the “C-II” labeling on the DaTscan packaging. The comments, however indicated that not requiring “C-II” labeling would cause more confusion than requiring it. However, due to the recent removal of [123I]ioflupane from the schedules of controlled substances, the “C-II” label is no longer required on DaTscan packaging.

    Regulatory Analyses Executive Orders 12866 and 13563

    This final rule has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review” section 1(b), Principles of Regulation, and in accordance with Executive Order 13563, “Improving Regulation and Regulatory Review” section 1(b) General Principles of Regulation.

    The Department of Justice has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget.

    Executive Order 12988

    This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice Reform to eliminate drafting errors and ambiguity, minimize litigation, provide a clear legal standard for affected conduct, and promote simplification and burden reduction.

    Executive Order 13132

    This rulemaking does not have federalism implications warranting the application of Executive Order 13132. The proposed rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government.

    Executive Order 13175

    This rule does not have tribal implications warranting the application of Executive Order 13175. It does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) applies to rules that are subject to notice and comment under section 553(b) of the APA. As explained above and in the interim final rule, the DEA determined that there was good cause to exempt the IFR from notice and comment. Consequently, the RFA does not apply to this final rule.

    Paperwork Reduction Act of 1995

    This rule does not involve a collection of information within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

    Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995 (2 U.S.C. 1501 et seq.), the DEA has determined and certifies pursuant to UMRA that this action would not result in any 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 (adjusted for inflation) in any one year . . . .” Therefore, neither a Small Government Agency Plan nor any other action is required under the provisions of UMRA of 1995.

    Congressional Review Act

    This rule is not a major rule as defined by the Congressional Review Act (CRA) (5 U.S.C. 804). This rule will not result in an annual effect on the economy of $100,000,000 or more, a major increase in costs or prices, or have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based companies to compete with foreign-based companies in domestic and export markets. However, pursuant to the CRA, the DEA has submitted a copy of this final rule to both Houses of Congress and to the Comptroller General.

    Administrative Procedure Act

    The APA requires the publication of a substantive rule to be made not less than 30 days before its effective date. 5 U.S.C. 553(d). However, one exception is “as otherwise provided by the agency for good cause found and published with the rule.” Because the DEA removed [123I]ioflupane from the schedules of controlled substances as of September 11, 2015, [80 FR 22919], there is no longer any need for a registration exemption for persons administering DaTscan, and the DEA is hereby removing the IFR through this final rule. The broader decontrol action has superseded it. Therefore, it is unnecessary to delay the effective date of this final rule by 30 days, and this rule shall take effect immediately upon publication.

    List of Subjects in 21 CFR Part 1301

    Administrative practice and procedure, Drug traffic control, Controlled substances, Drug abuse, Reporting and recordkeeping requirements.

    Accordingly, 21 CFR part 1301 is amended as follows:

    PART 1301—REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES 1. The authority citation for 21 CFR part 1301 continues to read as follows: Authority:

    21 U.S.C. 821, 822, 823, 824, 831, 871(b), 875, 877, 886a, 951, 952, 953, 956, 957, 958, 965.

    § 1301.29 [Removed and Reserved]
    2. Remove and reserve § 1301.29.
    Dated: February 23, 2016. Louis J. Milione, Deputy Assistant Administrator.
    [FR Doc. 2016-04224 Filed 2-25-16; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9754] RIN 1545-BL59 Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Final regulations and removal of temporary regulations.

    SUMMARY:

    This document contains final regulations that authorize the disclosure of certain items of return information to the Bureau of the Census (Bureau) in conformance with section 6103(j)(1) of the Internal Revenue Code (Code). These regulations finalize temporary regulations that were made pursuant to a request from the Secretary of Commerce. These regulations require no action by taxpayers and have no effect on their tax liabilities. Thus, no taxpayers are likely to be affected by the disclosures authorized by this guidance.

    DATES:

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

    Applicability Date: For dates of applicability, see § 301.6103(j)(1)-1(e).

    FOR FURTHER INFORMATION CONTACT:

    William Rowe, (202) 317-5093 (not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Background and Explanation of Provisions

    This document contains amendments to 26 CFR part 301. Section 6103(j)(1)(A) authorizes the Secretary of Treasury to furnish, upon written request by the Secretary of Commerce, such returns or return information as the Secretary of Treasury may prescribe by regulation to officers and employees of the Bureau for the purpose of, but only to the extent necessary in, the structuring of censuses and conducting related statistical activities authorized by law. Section 301.6103(j)(1)-1 of the existing regulations further defines such purposes by reference to 13 U.S.C. chapter 5 and provides an itemized description of the return information authorized to be disclosed for such purposes.

    By letter dated May 10, 2013, the Secretary of Commerce requested that additional items of return information be disclosed to the Bureau for purposes of structuring a census that costs less per housing unit and still maintains high quality results. A major cost in previous decennial censuses was the high number of follow-up, in-person attempts to collect information from housing units that did not return a completed census form. The Bureau intends to conduct research and testing for the next decennial census using administrative data from federal agencies, state agencies, and commercial vendors to determine whether the number of non-response follow-up visits can be reduced through the strategic reuse of this data. Specifically, the Bureau aims to achieve the following research initiatives: (1) Validating and enhancing the Master Address File; (2) Designing and assigning resources to carry out the next decennial census; (3) Un-duplicating public, private, and census lists; and (4) Imputing missing data. All administrative data from the above sources, including return information, will be integrated into the Bureau's data system that is used for the next decennial census and housing counts and will be done in a manner such that the source (for example, commercial vendor, IRS, or Social Security Administration) will not be associated with any data element in the final decennial person-level census records.

    On July 15, 2014, a temporary regulation (TD 9677) was published in the Federal Register (79 FR 41132). The text of the temporary regulations also serves as the text of proposed regulations set forth in a notice of proposed rulemaking (REG-120756-13) published in the Federal Register for the same day (79 FR 41152). No public hearing was requested or held. Two comments responding to the notice of proposed rulemaking were received. After consideration of these comments, the proposed regulations are adopted by this Treasury decision, and the corresponding temporary regulations are removed.

    The temporary regulations authorized disclosure of additional items of return information from the Form 1040, “U.S. Individual Income Tax Return”, and disclosure of items from the Form 1098, “Mortgage Interest Statement”. Specifically, § 301.6103(j)(1)-1T of the temporary regulations authorizes the disclosure of the following additional items of return information from Forms 1040: (1) Electronic Filing System Indicator; (2) Return Processing Indicator; and (3) Paid Preparer Code. Section 301.6103(j)(1)-1T authorizes the disclosure of the following items of return information from Form 1098: (1) Payee/Payer/Employee Taxpayer Identification Number; (2) Payee/Payer/Employee Name (First, Middle, Last, Suffix); (3) Street Address; (4) City; (5) State; (6) ZIP Code (9 digit); (7) Posting Cycle Week; (8) Posting Cycle Year; and (9) Document Code. These temporary regulations apply to disclosures to the Bureau of the Census made on or after July 15, 2014, and expire on or before July 14, 2017.

    Both comments opposed publication of the regulations and questioned the underlying authority for the IRS to disclose federal tax return information. Contrary to the views expressed in these comments, section 6103(j)(1) specifically authorizes the IRS to disclose returns or return information to the Bureau of the Census for the purpose of, but only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. The final regulations under § 301.6103(j)(1)-1 are being issued under the authority of section 6103(j)(1). Accordingly, the recommendation of both commentators that the regulations not be published has not been adopted.

    Special Analyses

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

    Drafting Information

    The principal author of these final regulations is William Rowe, Office of the Associate Chief Counsel (Procedure & Administration).

    List of Subjects in 26 CFR Part 301

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

    Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 301 is amended as follows:

    PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 2. Section 301.6103(j)(1)-1 is amended by adding paragraphs (b)(1)(xviii) through (xx) and (b)(7) and revising paragraph (e) to read as follows:
    § 301.6103(j)(1)-1 Disclosures of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities.

    (b) * * *

    (1) * * *

    (xviii) Electronic Filing System Indicator.

    (xix) Return Processing Indicator.

    (xx) Paid Preparer Code.

    (7) Officers or employees of the Internal Revenue Service will disclose the following return information reflected on Form 1098 “Mortgage Interest Statement” to officers and employees of the Bureau of the Census for purposes of, but only to the extent necessary in, conducting and preparing, as authorized by chapter 5 of title 13, United States Code, demographic statistics programs, censuses, and surveys—

    (i) Payee/Payer/Employee Taxpayer Identification Number;

    (ii) Payee/Payer/Employee Name (First, Middle, Last, Suffix);

    (iii) Street Address;

    (iv) City;

    (v) State;

    (vi) ZIP Code (9 digit);

    (vii) Posting Cycle Week;

    (viii) Posting Cycle Year; and

    (ix) Document Code.

    (e) Effective/applicability date. Paragraphs (b)(1)(xviii) through (xx) and (b)(7) of this section apply to disclosures to the Bureau of the Census made on or after July 15, 2014. For rules that apply to disclosures to the Bureau of the Census before that date, see 26 CFR 301.6103(j)(1)-1 (revised as of April 1, 2014).

    § 301.6103(j)(1)-1T [Removed]
    Par. 3. Section 301.6103(j)(1)-1T is removed.
    John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: January 22, 2016. Mark J. Mazur, Assistant Secretary of the Treasury.
    [FR Doc. 2016-04310 Filed 2-24-16; 4:15 pm] BILLING CODE 4830-01-P
    OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE 32 CFR Part 1704 Mandatory Declassification Review Program AGENCY:

    Office of the Director of National Intelligence.

    ACTION:

    Direct final rule with request for comments.

    SUMMARY:

    The Office of the Director of National Intelligence (ODNI) is publishing this direct final rule pursuant to Executive Order 13526, relating to classified national security information. It provides procedures for members of the public to request from ODNI a Mandatory Declassification Review (MDR) of information classified under the provisions of Executive Order 13526 or predecessor orders such that the agency may retrieve it with reasonable effort. This rule also informs requesters where to send requests for an MDR.

    DATES:

    This rule is effective April 26, 2016 without further action, unless adverse comment is received by March 28, 2016. If adverse comment is received, ODNI will publish a timely withdrawal of the rule in the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer L. Hudson, 703-874-8085.

    SUPPLEMENTARY INFORMATION:

    It is the policy of the ODNI to act in matters relating to national security information in accordance with Executive Order 13526 and directives issued thereunder by the Information Security Oversight Office (ISOO). The purpose of this rule is to assist in implementing specific sections of Executive Order 13526 concerning the Mandatory Declassification Review (MDR). This is being issued as a direct final rule without prior notice of proposed rulemaking as allowed by the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(A) for rules of agency procedure and interpretation.

    Regulatory Impact

    This rule is not a significant regulatory action for the purposes of Executive Order 12866. This rule is not a major rule as defined in 5 U.S.C. Chapter 8, Congressional Review of Agency Rulemaking. As required by the Regulatory Flexibility Act, we certify that this rule will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies.

    List of Subjects in 32 CFR Part 1704

    Declassification, Information, Intelligence, National security information.

    For the reasons set forth in the preamble, ODNI adds 32 CFR part 1704 to read as follows: PART 1704—MANDATORY DECLASSIFICATION REVIEW PROGRAM Sec. 1704.1 Authority and purpose. 1704.2 Definitions. 1704.3 Contact information. 1704.4 Suggestions or comments. 1704.5 Guidance. 1704.6 Exceptions. 1704.7 Requirements. 1704.8 Fees. 1704.9 Determination by originator or interested party. 1704.10 Appeals. Authority:

    50 U.S.C. 3001; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp, p. 298.

    § 1704.1 Authority and purpose.

    (a) Authority. This part is issued under the authority of 32 CFR 2001.33; Section 3.5 of Executive Order 13526 (or successor Orders); the National Security Act of 1947, as amended (50 U.S.C. 3001 et seq.).

    (b) Purpose. This part prescribes procedures, subject to limitations set forth below, for requesters to request a mandatory declassification review of information classified under Executive Order 13526 or predecessor or successor orders. Section 3.5 of Executive Order 13526 and these regulations are not intended to and do not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or agents, or any other person.

    § 1704.2 Definitions.

    For purposes of this part:

    Control means the authority of the agency that originates information, or its successor in function, to regulate access to the information. (32 CFR 2001.92)

    Day means U.S. Federal Government working day, which excludes Saturdays, Sundays, and federal holidays. Three (3) days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten (10) days may be added if responding by international mail.

    D/IMD means the Director of the Information Management Division and the leader of any successor organization, who serves as the ODNI's manager of the information review and release program.

    Federal Agency means any Executive Agency, as defined in 5 U.S.C. 105; any Military department, as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

    Information means any knowledge that can be communicated or documentary material, regardless of its physical form that is owned by, produced by or for, or under the control of the U.S. Government; it does not include information originated by the incumbent President, White House Staff, appointed committees, commissions or boards, or any entities within the Executive Office that solely advise and assist the incumbent President.

    Interested party means any official in the executive, military, congressional, or judicial branches of government, or U.S. Government contractor who, in the sole discretion of the ODNI, has a subject matter or other interest in the documents or information at issue.

    NARA means the National Archives and Records Administration.

    ODNI means the Office of the Director of National Intelligence.

    Order means Executive Order 13526, “Classified National Security Information” (December 29, 2009) or successor Orders.

    Originating element means the element that created the information at issue.

    Presidential libraries means the libraries or collection authorities established under the Presidential Libraries Act (44 U.S.C. 2112) and similar institutions or authorities as may be established in the future.

    Referral means coordination with or transfer of action to an interested party.

    Requester means any person or organization submitting an MDR request.

    § 1704.3 Contact information.

    For general information on the regulation in this part or to submit a request for a Mandatory Declassification Review (MDR), please direct your communication by mail to the Office of the Director of National Intelligence, Director of the Information Management Division, Washington, DC 20511; by facsimile to (703) 874-8910; or by email to [email protected] For general information on the ODNI MDR program or status information on pending MDR cases, call (703) 874-8500.

    § 1704.4 Suggestions or comments.

    The ODNI welcomes suggestions for improving the administration of our MDR program in accordance with Executive Order 13526. Suggestions should identify the specific purpose and the items for consideration. The ODNI will respond to all communications and take such actions as determined feasible and appropriate.

    § 1704.5 Guidance.

    Address all communications to the point of contact as specified in § 1704.3. Clearly describe, list, or label said communication as an MDR Request.

    § 1704.6 Exceptions.

    MDR requests will not be accepted from a foreign government entity or any representative thereof. MDR requests will not be accepted for documents required to be submitted for pre-publication review or other administrative process pursuant to an approved nondisclosure agreement; for information that is the subject of pending litigation; nor for any document or material containing information contained within an operational file exempted from search and review, publication, and disclosure under the FOIA. If the ODNI has reviewed the requested information for declassification within the past two years, the ODNI will not conduct another review, but the D/IMD will notify the requester of this fact and the prior review decision. Requests will not be accepted from requesters who have outstanding fees for MDR or Freedom of Information Act (FOIA) requests with the ODNI or another federal agency.

    § 1704.7 Requirements.

    An MDR request shall describe the document or material containing the information with sufficient specificity to enable the ODNI to locate it with a reasonable amount of effort.

    § 1704.8 Fees.

    (a) Requesters making requests directly to the ODNI shall be responsible for paying all fees under this regulation.

    (b) Requesters making requests directly to the ODNI shall be responsible for reproduction costs as follows: Fifty cents per photocopied page and $10.00 per CD.

    (c) Applicable fees will be due even if the search locates no responsive information or some or all of the responsive information must be withheld under applicable authority.

    (1) Computer searching. (i) Clerical/Technical—$20.00 per hour (or fraction thereof).

    (ii) Professional/Supervisory—$40.00 per hour (or fraction thereof).

    (iii) Manager/Senior Professional—$72.00 per hour (or fraction thereof).

    (2) Manual searching. (i) Clerical/Technical—$20.00 per hour (or fraction thereof).

    (ii) Professional/Supervisory—$40.00 per hour (or fraction thereof).

    (iii) Manager/Senior Professional—$72.00 per hour (or fraction thereof).

    (3) Document review. (i) Professional/Supervisory—$40.00 per hour (or fraction thereof).

    (ii) Manager/Senior Professional—$72.00 (or fraction thereof).

    (iii) ODNI will not charge review fees for time spent resolving general legal or policy issues regarding the responsive information.

    (iv) Fees may be paid by a check or money order made payable to the Treasurer of the United States.

    § 1704.9 Determination by originator or interested party.

    (a) In general. The originating element(s) of the classified information (document) is always an interested party to any mandatory declassification review; other interested parties may become involved through a referral by the D/IMD when it is determined that some or all of the information is also within their official cognizance.

    (b) Required determinations: These parties shall respond in writing to the D/IMD with a finding as to the classified status of the information, including the category of protected information as set forth in section 1.4 of the Order, and if older than ten years, the basis for the extension of classification time under sections 1.5 and 3.3 of the Order. These parties shall also indicate whether withholding is otherwise authorized and warranted in accordance with sections 3.5(c) and 6.2(d) of the Order.

    (c) Time. Responses to the requester shall be provided on a first-in/first-out basis, taking into account the business requirements of the originating element(s) and other interested parties, and, in accordance with Executive Order 13526, ODNI will respond to requesters within one year of receipt of requests.

    (d) The IMD FOIA Branch Chief, in consultation with the D/IMD and the Classification Management Branch Chief, will ordinarily be the deciding official on initial reviews of MDR requests to the ODNI.

    § 1704.10 Appeals.

    (a) Administrative. Appeals of initial decisions must be received in writing by the D/IMD within 60 days of the date of mailing of the ODNI's decision. The appeal must identify with specificity the documents or information to be considered on appeal and it may but need not provide a factual or legal basis for the appeal.

    (1) Exceptions. No appeal shall be accepted from a foreign government entity or any representative thereof. Appeals will not be accepted for documents required to be submitted for pre-publication review or other administrative process pursuant to an approved nondisclosure agreement; for information that is the subject of pending litigation; nor for any document or material containing information contained within an operational file exempted from search and review, publication, and disclosure under the FOIA. No appeals shall be accepted if the requester has outstanding fees for information services at ODNI or another federal agency. In addition, no appeal shall be accepted if the information in question has been the subject of a declassification review within the previous two years.

    (2) Receipt, recording, and tasking. The D/IMD will record each appeal received under this part and acknowledge receipt to the requester.

    (3) Appellate authority. The ODNI Chief Management Officer (CMO), after consultation with all interested parties or ODNI component organization as well as with the Office of General Counsel, will make a final determination on the appeal within 60 days.

    (b) Final appeal. The D/IMD will prepare and communicate the ODNI administrative appeal decision to the requester, NARA, Presidential Library and referring agency, as appropriate. Correspondence will include a notice, if applicable, that a further appeal of ODNI's final decision may be made to the Interagency Security Classification Appeals Panel (ISCAP) established pursuant to section 5.3 of Executive Order 13526. Action by that Panel will be the subject of rules to be promulgated by the Information Security Oversight Office.

    Dated: February 11, 2016. Mark W. Ewing, Chief Management Officer.
    [FR Doc. 2016-04172 Filed 2-25-16; 8:45 am] BILLING CODE 9500-01-P-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0123] Drawbridge Operation Regulation; Jamaica Bay and Connecting Waterways, Queens, NY AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Marine Parkway Bridge across the Jamaica Bay, mile 3.0, at Queens, New York. This deviation is necessary to allow the bridge owner to replace the auxiliary clutch shafts at the bridge.

    DATES:

    This deviation is effective from 7 a.m. on March 14, 2016 to 5 p.m. on March 25, 2016.

    ADDRESSES:

    The docket for this deviation, [USCG-2016-0123] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH”. Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Judy Leung-Yee, Project Officer, First Coast Guard District, telephone (212) 514-4330, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Marine Parkway Bridge, mile 3.0, across the Jamaica Bay, has a vertical clearance in the closed position of 55 feet at mean high water and 59 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.795(a).

    The waterway is transited by commercial oil barge traffic of various sizes.

    The bridge owner, MTA Bridges and Tunnels, requested a temporary deviation from the normal operating schedule to facilitate auxiliary clutch shafts replacement at the bridge.

    Under this temporary deviation, the Marine Parkway Bridge shall remain in the closed position from 7 a.m. on March 14, 2016 to 5 p.m. March 25, 2016.

    Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass.

    The Coast Guard will inform the users of the waterways through our Local Notice and Broadcast to Mariners of the change in operating schedule for the bridge so that vessel operations can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: February 22, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District.
    [FR Doc. 2016-04125 Filed 2-25-16; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0582; FRL-9942-79-Region 7] Approval of Iowa's Air Quality Implementation Plans; Iowa Plan for the 2008 Lead Standard AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is taking final action to approve Iowa's attainment demonstration State Implementation Plan (SIP) for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Council Bluffs, Pottawattamie County, Iowa, received by EPA on February 9, 2015. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA), and will bring the designated portions of Council Bluffs, Iowa into attainment of the 0.15 microgram per cubic meter (μg/m3) lead NAAQS.

    DATES:

    This final rule is effective on March 28, 2016.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2015-0582. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically at www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. For additional information and general guidance, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” or “our” refer to EPA.

    Table of Contents I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. EPA's Response to Comments IV. What action is EPA taking? I. What is being addressed in this document?

    In this document, EPA is granting final approval of Iowa's attainment demonstration SIP for the lead NAAQS nonattainment area in portions of Council Bluffs, Pottawattamie County, Iowa. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the CAA identified in EPA's Final Rule (73 FR 66964, October 15, 2008), and will bring the area into attainment of the 0.15 microgram per cubic meter (μg/m3) lead NAAQS. EPA's proposal containing the background information for this action can be found at 80 FR 59695 (October 2, 2015).

    II. Have the requirements for the approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the technical support document which is part of the docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.

    III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened October 2, 2015, the date of its publication in the Federal Register, and closed on November 2, 2015. During this period, EPA received no comments.

    IV. What action is EPA taking?

    EPA is taking final action to amend the Iowa SIP to approve Iowa's SIP for the Council Bluffs lead NAAQS nonattainment area in Pottawattamie County, Iowa. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964).

    Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference the proposed amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

    Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

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

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

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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 26, 2016. Filing a petition for reconsideration by the Administrator of this rule does not affect the finality of this rulemaking for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such future rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 17, 2016. Mark Hague, Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart Q—Iowa 2. Section 52.820 is amended by: a. Adding entries (110) and (111) in numerical order to table (d); and b. Adding new entry (42) in numerical order to table (e) to read as follows:
    § 52.820 Identification of plan.

    (d) * * *

    EPA-Approved Iowa Source-Specific Orders/Permits Name of source Order/Permit No. State effective date EPA Approval date Explanation *         *         *         *         *         *         * (110) Griffin Pipe Products Co., LLC Administrative Consent Order No. 2015-AQ-02 1/29/15 2/26/16 [Insert Federal Register citation] (111) Alter Metal Recycling Permit No. 14-A-521 9/2/14 2/26/16 [Insert Federal Register citation]

    (e) * * *

    EPA-Approved Iowa Nonregulatory Provisions Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date EPA Approval date Explanation *         *         *         *         *         *         * (42) Lead attainment SIP Portions of Pottawattamie County 1/30/15 2/26/16 [Insert Federal Register citation] [EPA-R07-OAR-2015-0582; FRL-9942-79-Region 7].
    [FR Doc. 2016-04082 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2014-0709; FRL-9941-92] Trifloxystrobin; Pesticide Tolerances AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes tolerances for residues of trifloxystrobin in or on multiple commodities which are identified and discussed later in this document. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

    DATES:

    This regulation is effective February 26, 2016. Objections and requests for hearings must be received on or before April 26, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2014-0709, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2014-0709 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before April 26, 2016. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2014-0709, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 11, 2015 (80 FR 7559) (FRL-9921-94), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 4F8288) by Bayer CropScience, 2 T.W. Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709. The petition requested that 40 CFR 180.555 be amended by establishing tolerances for residues of the fungicide trifloxystrobin, benzeneacetic acid, (E, E)-α-(methoxyimino)-2-[[[[1-[3-(trifluoromethyl)phenyl]ethylidene] amino]oxy]methyl]-, methyl ester, and the free form of its acid metabolite CGA-321113, (E,E)-methoxyimino-[2-[1-(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid, calculated as the stoichiometric equivalent of trifloxystrobin, in or on leafy greens (crop subgroup 4A) at 30 parts per million (ppm); herb (crop subgroup 19A) at 200 ppm; spice (crop subgroup 19B), except black pepper) at 30 ppm; head and stem brassica (crop subgroup 5A) at 2 ppm; leafy brassica greens (crop subgroup 5B) at 30 ppm; tuberous and corm vegetables (crop subgroup 1C) at 0.04 ppm; small fruit vine climbing (except fuzzy kiwifruit) (crop subgroup 13-07F) at 2.0 ppm; and low growing berry (crop subgroup 13-07G) at 1.5 ppm. Bayer CropScience, also requested that the existing tolerance for leafy petioles (subgroup 4B) be amended from 3.5 ppm to 9 ppm. That document referenced a summary of the petition prepared by Bayer CropScience, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the notice of filing.

    Based upon review of the data supporting the petition, EPA has modified the commodity terms for several tolerances to reflect the correct commodity definition. The reason for these changes are explained in Unit IV.C.

    III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”

    Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for trifloxystrobin including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with trifloxystrobin follows.

    A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children.

    Trifloxystrobin exhibits very low toxicity following single oral, dermal and inhalation exposures. It is a strong dermal sensitizer and a mild dermal and eye irritant. In repeated dose tests in rats, the liver is the target organ for trifloxystrobin; toxicity is induced following oral and dermal exposure for 28 days. Liver effects characterized by an increase in liver weights and an increased incidence of hepatocellular hypertrophy and/or hepatocellular necrosis were seen in rats, mice, and dogs. There is no concern for neurotoxicity or immunotoxicity in the database. In the rabbit developmental toxicity study, an increase in the incidence of fused sternabrae was seen at a dose 10 times higher than the maternal lowest observed adverse effect level (LOAEL). In the rat reproduction study, both parents and offspring showed decreases in body weight during lactation. The rat and rabbit developmental and the rat reproduction toxicity data do not demonstrate an increase in susceptibility in the fetus or other offspring. Trifloxystrobin is classified as: “Not likely to be Carcinogenic to Humans” based on both the negative results in the battery of mutagenicity tests (except at a cytoxic dose in one in vitro test), and from the long-term carcinogenicity studies in rats and mice. Specific information on the studies received and the nature of the adverse effects caused by trifloxystrobin as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in the document “Trifloxystrobin. Aggregate Human Health Risk Assessment for the Proposed New Uses on Leafy Greens (Crop Subgroup 4A), Head and Stem Brassica Vegetables (Crop Subgroup 5A), Leafy Brassica Greens (Crop Subgroup 5B), Herbs (Crop Group 19A), and Spices, Except Black Pepper (Crop Subgroup 19B); to Amend the Current Tolerance on Leafy Petioles (Crop Subgroup 4B); and to Convert the Potato Tolerance to the Tuberous and Corm Vegetables Subgroup (Crop Subgroup 1C), Convert the Grape Tolerance to the Small Fruit Vine Climbing (Subgroup 13-07F), and Convert the Strawberry Tolerance to the Low Growing Berries (Subgroup 13-07G).,” dated December 1, 2015.

    B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.

    A summary of the toxicological endpoints for trifloxystrobin used for human risk assessment is discussed in Unit III B of the final rule published in the Federal Register of June 11, 2010. However, subsequent to that Federal Register publication, EPA reassessed the liver effects seen in the 28-day dermal toxicity study according to current policy, and determined that since these effects should not be considered adverse, no toxicity endpoint was identified. The NOAEL for the 28-day dermal study was set at 1,000 mg/kg/day and the LOAEL was not established. Therefore, the endpoints assessed as part of this action exclude the endpoint for dermal exposure identified in the table published in the above-referenced Federal Register on June 11, 2010.

    C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary exposure to trifloxystrobin, EPA considered exposure under the petitioned-for tolerances as well as all existing trifloxystrobin tolerances in 40 CFR 180.555. EPA assessed dietary exposures from trifloxystrobin in food as follows:

    i. Acute exposure. Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1-day or single exposure. Such effects were identified for trifloxystrobin. In estimating acute dietary exposure EPA conducted an analysis using the Dietary Exposure Evaluation Model (DEEM-FCID) Version 3.16. This model uses 2003-2008 food consumption data from the U.S. Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). An acute dietary assessment was conducted assuming tolerance level residues and 100 percent crop treated (PCT) for all commodities.

    ii. Chronic exposure. In conducting the chronic dietary exposure assessment EPA used the Dietary Exposure Evaluation Model (DEEM-FCID) Version 3.16. This model uses 2003-2008 food consumption data from the U.S. Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA). As to residue levels in food, EPA assumed 100% crop treated, tolerance level residues, anticipated residues for some crops, and default processing factors.

    iii. Cancer. Based on the data summarized in Unit III.A., EPA has concluded that trifloxystrobin does not pose a cancer risk to humans. Therefore, a dietary exposure assessment for the purpose of assessing cancer risk is unnecessary.

    iv. Anticipated residue and percent crop treated (PCT) information. Section 408(b)(2)(E) of FFDCA authorizes EPA to use available data and information on the anticipated residue levels of pesticide residues in food and the actual levels of pesticide residues that have been measured in food. If EPA relies on such information, EPA must require pursuant to FFDCA section 408(f)(1) that data be provided 5 years after the tolerance is established, modified, or left in effect, demonstrating that the levels in food are not above the levels anticipated. For the present action, EPA will issue such data call-ins as are required by FFDCA section 408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be required to be submitted no later than 5 years from the date of issuance of these tolerances.

    2. Dietary exposure from drinking water. The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for trifloxystrobin in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of trifloxystrobin. Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.

    Based on the Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/EXAMS) and Pesticide Root Zone Model Ground Water (PRZM GW) models, the estimated drinking water concentrations (EDWCs) of trifloxystrobin and its major degradation product for acute exposures are estimated to be 29 parts per billion (ppb) for surface water, and 427 ppb for ground water. For chronic non-cancer exposure assessments, EDWCs are estimated to be 23 ppb for surface water and 365 ppb for ground water. Modeled estimates of drinking water concentrations were directly entered into the acute (427 ppb) and chronic (365 ppb) dietary assessments in the Dietary Exposure Evaluation Model—Food Commodity Intake Database (DEEM-FCID) food categories of “water, direct, all sources” and “water, indirect, all sources.”

    3. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and tick control on pets).

    Trifloxystrobin is currently registered for the following uses that could result in residential exposures: Ornamental plants and turfgrass. EPA assessed residential exposure from relevant registered trifloxystrobin products using the Agency's 2012 Residential Standard Operating Procedures (SOPs) along with updates in dermal risk assessment hazard and policy regarding body weight in addition to the following assumptions:

    i. Residential handler exposures. Residential handler exposure is expected to be short-term only. Intermediate-term exposures are not likely because of the intermittent nature of applications by homeowners. Dermal handler exposures were not assessed since no adverse systemic dermal hazard was identified for trifloxystrobin.

    ii. Residential post-application exposures. Because dermal hazard has not been identified for trifloxystrobin, a quantitative post-application assessment for dermal exposure is not necessary and the only exposure scenarios quantitatively assessed are for children 1 to <2 years old who may experience short-term incidental oral exposure to trifloxystrobin from treated turf. Incidental oral granule ingestion is not applicable because there is no endpoint identified for the acute dietary duration for infants and children. Intermediate-term incidental oral post-application exposures are not expected because trifloxystrobin is not persistent in soil or water; furthermore, the short-term incidental oral risk estimates would be protective of the possible intermediate-term incidental oral exposures because the POD for both durations is the same. Post-application inhalation exposure is expected to be negligible for the proposed residential uses.

    Further information regarding EPA standard assumptions and generic inputs for residential exposures may be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.

    4. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

    EPA has not found trifloxystrobin to share a common mechanism of toxicity with any other substances, and trifloxystrobin does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that trifloxystrobin does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

    D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.

    2. Prenatal and postnatal sensitivity. There is no indication of increased quantitative or qualitative susceptibility to trifloxystrobin in rats or rabbits. In the prenatal developmental study in rats, there was no developmental toxicity at and up to the limit dose. In the prenatal developmental study in rabbits, developmental toxicity was seen at a dose that was higher than the dose causing maternal toxicity. In the multigeneration study, offspring and parental LOAELs are at the same dose level.

    3. Conclusion. EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X. That decision is based on the following findings:

    i. The toxicity database for trifloxystrobin is complete.

    ii. There is no indication that trifloxystrobin is a neurotoxic chemical and there is no need for a developmental neurotoxicity study or additional UFs to account for neurotoxicity.

    iii. There is no evidence that trifloxystrobin results in increased susceptibility in in utero rats or rabbits in the prenatal developmental studies or in young rats in the 2-generation reproduction study.

    iv. There are no residual uncertainties identified in the exposure databases. The exposure databases are complete or are estimated based on data that reasonably account for potential exposures. The exposure assessments will not underestimate the potential dietary (food and drinking water) or non-dietary exposures for infants and children from the use of trifloxystrobin. The acute and chronic dietary food exposure assessment was conservatively based on 100 PCT assumptions and conservative ground water drinking water modeling estimates. The dietary drinking water assessment utilizes water concentration values generated by models and associated modeling parameters which are designed to provide conservative, health protective, high-end estimates of water concentrations, and are not likely to be exceeded. In addition, the residential post-application assessment is based upon the residential SOPs employing surrogate study data and reasonable “worst-case” assumptions. These data and assessments are reliable and are not expected to underestimate exposure and risk posed by trifloxystrobin to adults or children as well as incidental oral exposure of young children (1-2 years old).

    E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.

    1. Acute risk. Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to trifloxystrobin will occupy 3.1% of the aPAD for females 13-49 years old, the population group receiving the greatest exposure.

    2. Chronic risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to trifloxystrobin from food and water will utilize 71% of the cPAD for infants (<1 year old), the population group receiving the greatest exposure.

    Based on the explanation in Unit III.C.3., regarding residential use patterns, chronic residential exposure to residues of trifloxystrobin is not expected.

    3. Short-term risk. Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level).

    Trifloxystrobin is currently registered for uses that could result in short-term residential exposure, and the Agency has determined that it is appropriate to aggregate chronic exposure through food and water with short-term residential exposures to trifloxystrobin.

    Using the exposure assumptions described in this unit for short-term exposures, EPA has concluded the combined short-term food, water, and residential exposures result in aggregate MOEs of 300 for adults and 120 for children 1 to < 2 years old. Because EPA's level of concern for trifloxystrobin is a MOE of 100 or below, these MOEs are not of concern.

    4. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). Although the Agency identified an intermediate-term endpoint, the Agency does not expect trifloxystrobin to result in intermediate-term residential exposure, due to the intermittent nature of homeowner applications and its short soil half-life (about 2 days). Therefore, the Agency relies on the chronic risk assessment to account for intermediate-term risk and concludes that trifloxystrobin does not pose an intermediate-term aggregate risk.

    5. Aggregate cancer risk for U.S. population. Based on the lack of evidence of carcinogenicity in two adequate rodent carcinogenicity studies, trifloxystrobin is not expected to pose a cancer risk to humans.

    6. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to trifloxystrobin residues.

    IV. Other Considerations A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography with nitrogen phosphorus detection (GC/NPD), Method AG-659A) is available to enforce the tolerance expression for the combined residues of trifloxystrobin and CGA-321113 in plant and livestock commodities. The lowest level of method validation (LLMV) is equivalent to the limit of quantitation (LOQ) which was 0.010 ppm for each analyte in/on all matrices.

    The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address: [email protected]

    B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.

    The Codex has established MRLs for trifloxystrobin in or on lettuce, head at 15 ppm; celery at 1 ppm; brussel sprouts at 0.1 ppm; cabbage at 0.5 ppm; flower head Brassicas (includes broccoli; broccoli, Chinese; and cauliflower) at 0.5 ppm; potato at 0.2 ppm; grape at 3 ppm; and strawberry at 1 ppm. These MRLs are different than the tolerances established for trifloxystrobin in the United States.

    These tolerances, with exception to grape and potato, cannot be harmonized with the Codex MRLs because the MRLs for those commodities are expressed in terms of trifloxystrobin (parent only) while U.S. tolerances are based on the combined residues of trifloxystrobin and its acid metabolite CGA-321113, expressed in parent equivalents. Therefore, harmonization is not possible for these commodities as the Codex MRLs are too low based on the U.S. residue definition for tolerance enforcement. For grape and potato, the U.S. is establishing MRLs for the requested representative crop groups; fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F and vegetable, tuberous and corm, subgroup 1C. These MRLs will be lower than Codex, but identical to Canadian MRLs (for grape and potato). This will permit harmonization with the existing Canadian MRLs as requested by the petitioner and facilitate trade with Canada.

    C. Revisions to Petitioned-For Tolerances

    The Agency is revising the commodity terms for the requested tolerances to reflect the common commodity vocabulary currently used by the Agency. Specifically, head and stem Brassica subgroup 5A was changed to Brassica, head and stem, subgroup 5A; leafy Brassica subgroup 5B was changed to Brassica, leafy greens, subgroup 5B; tuberous and corm vegetable subgroup 1C was changed to vegetable, tuberous and corm, subgroup 1C. small fruit vine climbing subgroup (except fuzzy kiwifruit), subgroup 13-07F was changed to fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F and low growing berry, subgroup 13-07G was changed to berry, low growing, subgroup 13-07G. Bayer requested a tolerance for spice (crop subgroup 19B), except black pepper. As black pepper is the representative commodity for spice subgroup 19B, it may not be excepted from a tolerance. 40 CFR 180.40(h). Without sufficient data to establish the subgroup tolerance, the Agency is establishing an individual tolerance for the crop for which data was submitted—dill, seed.

    V. Conclusion

    Therefore, tolerances are established for residues of trifloxystrobin, benzeneacetic acid, (E,E)-α-(methoxyimino)-2-[[[[1-[3-(trifluoromethyl) phenyl]ethylidene] amino]oxy]methyl]-, methyl ester, and the free form of its acid metabolite CGA-321113, (E,E)-methoxyimino-[2-[1-(3-trifluoromethyl-phenyl)-ethylideneaminooxymethyl]-phenyl]acetic acid, calculated as the stoichiometric equivalent of trifloxystrobin, in or on Brassica, head and stem, subgroup 5A at 2 ppm; Brassica, leafy greens, subgroup 5B at 30 ppm; herb subgroup 19A at 200 ppm; dill, seed at 30 ppm; vegetable, tuberous and corm, subgroup 1C at 0.04 ppm; fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.0 ppm; berry, low growing, subgroup 13-07G at 1.5 ppm; and leaf petioles, subgroup 4A at 30 ppm.

    The existing tolerance for leaf petioles subgroup 4B, is amended from 3.5 ppm to 9 ppm based on new celery residue data at zero day (pre-harvest interval) PHI. The existing tolerance for potato at 0.04 ppm is being removed because it is included with the new tolerance being established for tuberous and corm vegetables (crop subgroup 1C) at 0.04 ppm. Similarly, the current tolerances for grape at 2.0 ppm and strawberry at 1.1 ppm are being removed as they are included in the new tolerances for the small fruit vine climbing (subgroup 13-07F) at 2.0 ppm, and low growing berries (subgroup 13-07G) at 1.5 ppm, respectively.

    VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: February 11, 2016. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.555, is amended: a. By alphabetically adding the commodities to the table in paragraph (a); b. By removing “Grape”, “Potato”, and “Strawberry” from the table in paragraph (a); c. By revising “Leaf petioles subgroup 4B” in the table in paragraph (a).

    The additions and revision read as follows:

    § 180.555 Trifloxystrobin; tolerances for residues.

    (a) General. * * *

    Commodity Parts per
  • million
  • *         *         *         *         *         *         * Berry, low growing subgroup 13-07G 1.5 Brassica, head and stem, subgroup 5A 2.0 Brassica, leafy greens, subgroup 5B 30 *         *         *         *         *         *         * Dill, seed 30 *         *         *         *         *         *         * Fruit, small vine climbing, except fuzzy kiwifruit, subgroup 13-07F 2.0 *         *         *         *         *         *         * Herbs, subgroup 19A 200 *         *         *         *         *         *         * Leaf petioles subgroup 4B 9.0 Leafy greens, subgroup 4A 30 *         *         *         *         *         *         * Vegetable, tuberous and corm, subgroup 1C 0.04 *         *         *         *         *         *         *
    [FR Doc. 2016-04070 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0249; FRL-9942-43] D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives; Exemption From the Requirement of a Tolerance AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    This regulation establishes an exemption from the requirement of a tolerance for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives (CAS Reg. No. 1591782-62-5) when used as an inert ingredient (surfactant) applied to growing crops and raw agricultural commodities after harvest at a concentration not to exceed 40% by weight under 40 CFR 180.910. Keller & Heckman LLP on behalf of the Clariant Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives.

    DATES:

    This regulation is effective February 26, 2016. Objections and requests for hearings must be received on or before April 26, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

    ADDRESSES:

    The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2015-0249, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Does this action apply to me?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

    C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2015-0249 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before April 26, 2016. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

    In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2015-0249, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    II. Petition for Exemption

    In the Federal Register of August 26, 2015 (80 FR 51762) (FRL-9931-74), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-10792) by Keller & Heckman LLP (1001 G Street NW., Suite 500 West, Washington, DC 20001), on behalf of the Clariant Corporation (4000 Monroe Road, Charlotte, NC 28205). The petition requested that 40 CFR 180.910 be amended by establishing an exemption from the requirement of a tolerance for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives (CAS Reg. No. 1591782-62-5) when used as an inert ingredient (surfactant) in pesticide formulations applied to growing crops and raw agricultural commodities at a concentration in formulations not to exceed 40% by weight. That document referenced a summary of the petition prepared by Keller & Heckman on behalf of the Clariant Corporation, the petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the notice of filing.

    III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active ingredients as defined in 40 CFR 153.125 and include, but are not limited to, the following types of ingredients (except when they have a pesticidal efficacy of their own): Solvents such as alcohols and hydrocarbons; surfactants such as polyoxyethylene polymers and fatty acids; carriers such as clay and diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term “inert” is not intended to imply nontoxicity; the ingredient may or may not be chemically active. Generally, EPA has exempted inert ingredients from the requirement of a tolerance based on the low toxicity of the individual inert ingredients.

    IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”

    EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be clearly demonstrated that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.

    Consistent with FFDCA section 408(c)(2)(A), and the factors specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives including exposure resulting from the exemption established by this action. EPA's assessment of exposures and risks associated with D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives follows.

    A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Specific information on the studies received and the nature of the adverse effects caused by D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in this unit.

    D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives exhibits low acute toxicity. The oral lethal dose (LD)50 in the rat is 500 milligram/kilogram (mg/kg) and above. The dermal LD50 in rats and rabbits was determined to be >2,000 mg/kg. The inhalation lethal concentration (LC)50 value for Wistar rats is greater than 1 milligram per Liter (mg/L). A primary skin irritation test with the rabbit indicates it is not irritating to rabbit's skin. An eye irritation test with New Zealand white rabbits indicates it to be moderately irritating. Two skin sensitization tests with Hartley guinea pigs show it is not a sensitizer to the guinea pig.

    A 28-day repeat dose oral toxicity study was conducted with Wistar rats. In this study, rats were treated via gavage with D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives at doses up to 500 milligram/kilogram/day (mg/kg/day). At the 500 mg/kg/day dose, mortality was observed as well as toxicity reflected as microscopic findings in the GI tract, trachea, lung, spleen and bone marrow. The NOAEL was 250 mg/kg/day.

    In a reproduction/developmental toxicity screening test, rats were dosed for 54 days with D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives at doses up to 312.5 mg/kg/day. Neither parental, developmental nor reproduction toxicity was observed at 312.5 mg/kg/day, the highest dose tested (HDT).

    A gene reverse mutation study with Salmonella, an in vitro mammalian cell gene mutation study with Chinese hamster V 79 cells, a mammalian micronucleus mutagenicity test of micronuclei in polychromatic erythrocytes in the mouse bone marrow, a mammalian micronucleus test with murine peripheral blood cells, a mutagenesis assay using L5178Y TK+/- mouse lymphoma cells, an in vivo rat bone marrow cytogenicity study all were negative for mutagenic and clastogenic effects.

    There were no neurotoxicity data per se however there were no indications of neurotoxic effects in the functional observation battery in the 28-day oral toxicity study in the rat. In addition, the DEREK predictive modeling system did not identify any alerts for potential neurotoxicity.

    There were no data regarding immunotoxicity. However evidence of potential immunotoxicity was observed in the 28-day oral toxicity study in the rat. In this study, atrophy is seen in the spleen and bone marrow at 500 mg/kg/day. These effects will be protected since the established chronic reference dose (cRfD) is 1.04 mg/kg/day.

    There were no study data presented specifically addressing metabolism. Modeling data using the DEREK (Nexus) and METEOR modeling systems indicate 80% absorption via the gastrointestinal system and less than 1% via dermal absorption. The major route of excretion is via the urine.

    B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which the NOAEL and the LOAEL are identified. Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.

    An acute effect was not found in the database therefore an acute dietary assessment is not necessary. The reproduction/developmental toxicity screening study in the rat was selected for the toxicological endpoint for use in the chronic dietary risk assessment. In this study, no effects are observed up to 312.5 mg/kg/day. The standard uncertainty factors (100X) are applied for intra-and interspecies variation and an additional uncertainty factor (3X) is applied to account for extrapolation from subchronic to chronic exposures. EPA identified the uncertainty factor of 3X as protective rather than 10X is because there was no toxicity observed at doses up to 312.5 mg/kg/day in an Organization for Economic Cooperation and Development (OECD) 422 study. Dermal and inhalation absorption are assumed to be 100%. For all short- and intermediate-term residential risk assessments, the toxicological endpoint selected for use in the assessment is taken from the reproduction/developmental toxicity screening study in the rat. In this study, no effects are observed up to 312.5 mg/kg/day. The level of concern for residential risk assessments is for MOEs of less than 300.

    C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary exposure to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives, EPA considered exposure under the proposed exemption from the requirement of a tolerance. EPA assessed dietary exposures from D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives, in food as follows: Dietary exposure (food and drinking water) to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives can occur following ingestion of foods with residues from treated crops. An acute dietary risk assessment was not conducted because no endpoint of concern following a single exposure was identified in the available studies. A chronic dietary exposure assessment was completed and performed using the Dietary Exposure Evaluation Model DEEM-FCIDTM, Version 3.16, which includes food consumption information from the U.S. Department of Agriculture's National Health and Nutrition Examination Survey, “What We Eat In America”, (NHANES/WWEIA). This dietary survey was conducted from 2003 to 2008. In the absence of actual residue data, the inert ingredient evaluation is based on a highly conservative model that assumes that the residue level of the inert ingredient would be no higher than the highest established tolerance for an active ingredient on a given commodity. Implicit in this assumption is that there would be similar rates of degradation between the active and inert ingredient (if any) and that the concentration of inert ingredient in the scenarios leading to these highest of tolerances would be no higher than the concentration of the active ingredient. The model assumes 100 percent crop treated (PCT) for all crops and that every food eaten by a person each day has tolerance-level residues. A complete description of the general approach taken to assess inert ingredient risks in the absence of residue data is contained in the memorandum entitled “Alkyl Amines Polyalkoxylates (Cluster 4): Acute and Chronic Aggregate (Food and Drinking Water) Dietary Exposure and Risk Assessments for the Inerts” (D361707, S. Piper, 2/25/09) and can be found at http://www.regulations.gov in docket ID number EPA-HQ-OPP-2008-0738.

    2. Dietary exposure from drinking water. For the purpose of the screening level dietary risk assessment to support this request for an exemption from the requirement of a tolerance for D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives, a conservative drinking water concentration value of 100 parts per billion (ppb) based on screening level modeling was used to assess the contribution to drinking water for the chronic dietary risk assessments for parent compound. These values were directly entered into the dietary exposure model.

    3. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., textiles (clothing and diapers), carpets, swimming pools, and hard surface disinfection on walls, floors, tables).

    D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives may be used in inert ingredients in products that are registered for specific uses that may result in residential exposure, such as pesticides used in and around the home. The Agency conducted an assessment to represent worst-case residential exposure by assessing D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 derivatives in pesticide formulations (outdoor scenarios) and in disinfectant-type uses (indoor scenarios).

    4. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”

    EPA has not found D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives to share a common mechanism of toxicity with any other substances, and D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

    D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the Food Quality Protection Act Safety Factor (FQPA SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.

    2. Prenatal and postnatal sensitivity. There is no evidence of increased susceptibility in the OECD 422 study based on lack of systemic toxicity in the maternal animals and offspring at doses up to 312.5 mg/kg/day; the HDT.

    3. Conclusion. EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 3X. That decision is based on the following findings:

    i. The toxicity database for D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives contains the following studies that are adequate to evaluate the potential toxicity of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives for infants and children: The database contains a 28-day repeat dose oral toxicity study, a reproduction/developmental toxicity screening study and several mutagenicity studies.

    ii. There were no neurotoxicity data per se however there were no indications of neurotoxic effects in the functional observation battery in the 28-day oral toxicity study in the rat.

    iii. There were no data regarding immunotoxicity. However evidence of potential immunotoxicity was observed in the 28-day oral toxicity study in the rat. In this study, atrophy is seen in the spleen and bone marrow at 500 mg/kg/day. These effects will be protected since the established cRfD is 1.04 mg/kg/day.

    iv. There was no evidence of increased susceptibility of infants and children in the OECD 422 study.

    v. There are no residual uncertainties identified in the exposure databases. The dietary food exposure assessments were performed based on 100 percent crop treated (PCT) and tolerance-level residues. EPA made conservative (protective) assumptions in the ground and surface water modeling used to assess exposure to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives in drinking water. EPA used similarly conservative assumptions to assess post-application exposure of children as well as incidental oral exposure of toddlers. These assessments will not underestimate the exposure and risks posed by D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives

    E. Aggregate Risks and Determination of Safety

    Determination of safety section. EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.

    1. Acute risk. An acute aggregate risk assessment takes into account acute exposure estimates from dietary consumption of food and drinking water. No adverse effect resulting from a single oral exposure was identified and no acute dietary endpoint was selected. Therefore, D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives is not expected to pose an acute risk.

    2. Chronic risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives from food and water will utilize 54.4% of the cPAD for children 1-2 years old, the population group receiving the greatest exposure.

    3. Short-term risk. Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level).

    D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives may be used as inert ingredients in pesticide products that could result in short-term residential exposure and the Agency has determined that it is appropriate to aggregate chronic exposure through food and water with short-term residential exposures to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives. Using the exposure assumptions described above, EPA has concluded that the combined short-term aggregated food, water, and residential exposures result in MOEs of 490 for both adult males and females respectively. Adult residential exposure combines high-end dermal and inhalation handler exposure from indoor hard surface, mopping, wiping and trigger-pump spray. As the level of concern is for MOEs that are lower than 300, this MOE is not of concern. EPA has concluded the combined short-term aggregated food, water, and residential exposures result in an aggregate MOE of 420 for children As the level of concern is for MOEs that are lower than 300, this MOE is not of concern.

    4. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives may be used as inert ingredients in pesticide products that could result in intermediate -term residential exposure and the Agency has determined that it is appropriate to aggregate chronic exposure through food and water with intermediate-term residential exposures to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives. Using the exposure assumptions described above, EPA has concluded that the combined intermediate-term aggregated food, water, and residential exposures result in aggregate MOEs of 490 for adult males and females. Adult residential exposure combines indoor hard surface, wiping with a high end post application dermal exposure from contact with treated lawns. As the level of concern is for MOEs that are lower than 300, this MOE is not of concern. EPA has concluded the combined intermediate-term aggregated food, water, and residential exposures result in an aggregate MOE of 420 for children. Children's residential exposure includes total exposures associated with contact with treated surfaces (dermal and hand-to-mouth exposures). As the level of concern is for MOEs that are lower than 300, this MOE is not of concern.

    5. Aggregate cancer risk for U.S. population. Based on a DEREK structural alert analysis and the lack of mutagenicity, D-Glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives not expected to pose a cancer risk to humans.

    6. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives residues.

    V. Other Considerations A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since the Agency is not establishing a numerical tolerance for residues of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives in or on any food commodities. EPA is establishing a limitation on the amount of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives that may be used in pesticide formulations applied to growing crops. That limitation will be enforced through the pesticide registration process under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. EPA will not register any pesticide formulation for use on growing crops for sale or distribution that exceed 40% of D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives.

    VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is established under 40 CFR 180.910 for D-glucitol, 1-deoxy-1-(methylamino)-, N-C8-10 acyl derivatives when used as an inert ingredient (surfactant) in pesticide formulations applied to growing crops and raw agricultural commodities at a concentration not to exceed 40% by weight.

    VII. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).

    Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.

    This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).

    This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

    VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: February 18, 2016. Susan Lewis, Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: Authority:

    21 U.S.C. 321(q), 346a and 371.

    2. In § 180.910 add alphabetically the following inert ingredient to the table to read as follows:
    § 180.910 Inert Ingredients use pre- and post-harvest; exemptions from the requirement of a tolerance. Inert ingredients Limits Uses *         *         *         *         *         *         * D-Glucitol, 1-deoxy-1-(methyl-amino)-, N-C8-10 acyl derivatives (CAS Reg. No. 1591782-62-5) Not more than 40% by weight in pesticide formulation Surfactant *         *         *         *         *         *         *
    [FR Doc. 2016-04071 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204, 232, 243, and Appendix F to Chapter 2 [Docket DARS-2015-0025] RIN 0750-AI54 Defense Federal Acquisition Regulation Supplement: Uniform Procurement Identification (DFARS Case 2015-D011) AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform with the uniform procurement identification procedures implemented in the Federal Acquisition Regulation (FAR).

    DATES:

    Effective Date: February 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jennifer Johnson, telephone 571-372-6100.

    SUPPLEMENTARY INFORMATION:

    I. Background

    DoD published a proposed rule in the Federal Register at 80 FR 30030 on May 26, 2015, to amend the DFARS to conform with the uniform procurement identification procedures implemented in the FAR through final rule 2012-023 (79 FR 61739, published October 14, 2014, became effective November 13, 2014). The final FAR rule implemented a uniform procurement instrument identification system for various procurement transactions across the Federal Government. DFARS coverage of uniform procurement instrument identification must be synchronized with the FAR coverage so that the identification numbers of DoD-issued contracts, orders, and other procurement instruments will comply with FAR subpart 4.16 as amended by final FAR rule 2012-023. Three respondents submitted public comments in response to the proposed rule.

    II. Discussion and Analysis

    DoD reviewed the public comments in the development of the final rule. A discussion of the comments and the significant changes made to the rule as a result of those comments is provided as follows:

    A. Summary of Significant Changes

    This final rule makes the following significant changes from the proposed rule:

    • DFARS 204.1601(b)—The date of October 1, 2015, which was the date DoD Components were encouraged to start implementation, has been removed since that date has passed.

    • DFARS 204.1603(a)(3)—Clarifies use of the letters C, H, M, and T in the ninth position of a procurement instrument identifier (PIID).

    • DFARS 232.905(b)(1)(iii)—Clarifies that basic contract or ordering agreement numbers may be included on invoices and receiving reports in addition to the task order or delivery order numbers.

    B. Analysis of Public Comments 1. General a. Consistency With the FAR

    Comment: One respondent requested assurance that the rule is consistent with the FAR due to uncertainty regarding how uniform procurement identification is being implemented.

    Response: The implementation of uniform procurement identification in the DFARS is consistent with the FAR. The amendments to the DFARS accomplish the following: (1) Removal of the language that is duplicative of FAR language; (2) relocation of the remaining, nonduplicative DFARS language to subpart 204.16 to align with FAR subpart 4.16; (3) establishment of a timeline for implementation within DoD of the changes now required by the FAR; (4)confirmation that DoD will continue to use PIIDs that are 13 characters in length; and (5) revision of procedures for payment documentation and Wide Area WorkFlow (WAWF) to implement the FAR changes to task order and delivery order PIIDs.

    b. Request for Meeting With Industry

    Comment: One respondent requested that DoD hold a meeting with industry to ensure the concerns of industry have been considered and addressed before the rule takes effect.

    Response: FAR final rule 2012-023, containing the uniform PIID requirements, was published in October 2014, and the few public comments received were addressed at that time. The DFARS final rule does not change any of the FAR requirements. Therefore, a public meeting is deemed to be unnecessary.

    2. Implementation a. Timing of Implementation

    Comment: One respondent asked that the uniform PIID changes not take effect before contract writing, invoicing, and other systems are modified to accommodate the changes.

    Response: Each DoD Component is scheduling its implementation in order to complete the transition by the beginning of fiscal year 2017. The enterprise Procurement Desktop Defense (PD2) contract writing system (also known as the Standard Procurement System, or SPS) and WAWF have been tested before fielding the changes. The WAWF Invoices Receipt Acceptance and Property Transfer (iRAPT) Electronic Data Interchange and File Transfer Protocol Implementation Guides have been updated.

    b. Impact on Industry Systems

    Comment: One respondent commented that there is uncertainty regarding how the uniform PIID changes will impact industry systems and the resources required to insert the new data constructs. Another respondent commented that industry will need to modify existing systems integrating with WAWF.

    Response: Implementation of the FAR uniform PIID requirements in the DFARS is designed to limit the number of changes necessary to systems. At this time, the changes are essentially limited to the structure of task order and delivery order numbers issued under DoD ordering instruments, as well as modifications to these orders. However, these changes are consistent with the way task order and delivery order numbers issued under non-DoD ordering instruments have been constructed for many years. The anticipated impact to industry systems is as limited as possible with this implementation strategy.

    c. Sufficient Time for Industry Implementation

    Comment: Two respondents commented that industry must be allowed sufficient time to adequately implement the changes, including time to modify and test applicable systems. One respondent also commented that the short transition schedule will require double entry of data in industry systems and WAWF until the changes can be implemented.

    Response: The FAR final rule containing the uniform PIID requirements became effective November 13, 2014. Each DoD Component is scheduling its implementation in order to transition by the beginning of fiscal year 2017. For DoD, the rule primarily affects the structure of task and delivery order numbers issued under DoD ordering instruments, as well as modifications to those orders. Implementation of the uniform PIID requirements will not require double entry of data in WAWF. If a task order or delivery order is issued prior to the transition to the new PIID numbering requirements, invoices will be submitted as they are today for orders placed under DoD ordering instruments. If a task order or delivery order is issued after the transition, invoices will be submitted in accordance with the changes specified in this DFARS final rule, which is the same process currently followed for invoices for task orders and delivery orders issued under non-DoD ordering instruments (e.g., Federal Supply Schedules).

    3. System Issues a. Contracts Issued in 2015 or Earlier

    Comment: One respondent stated that it is unclear how the requirements of the rule will work with contracts issued in 2015 or earlier that were not numbered in accordance with the uniform PIID requirements.

    Response: The DFARS changes are intended to apply prospectively. Therefore, existing contract numbers are not required to be updated, although this is not prohibited if the DoD Component chooses to do so. The DFARS changes address this possibility at 204.1601(c). Order numbers for task orders and delivery orders already issued under DoD indefinite-delivery contracts and ordering agreements are not required to be changed, and modifications to these orders may continue to use two-character modification numbers. However, new orders issued after the transition to the new numbering structure must be numbered in accordance with the uniform PIID requirements; likewise, modifications to new orders also must use the new numbering structure.

    b. Identification of Basic Contract or Agreement on Invoice and Receiving Reports

    Comment: Two respondents expressed concern about the omission of basic contract and ordering agreement numbers from invoices for task orders and delivery orders, which would eliminate the linkage between the contract or agreement and its orders. This would make those orders more difficult to close out. Both respondents proposed language to allow contractors to include the basic contract and ordering agreement numbers on the invoices.

    Response: Invoices for task orders and delivery orders numbered in accordance with the uniform PIID requirements will be directly traceable to the orders and to the basic contract or ordering agreement. The order itself contains the order's PIID as well as the PIID for the contract or agreement under which it was placed. Additionally, WAWF iRAPT will implement a change proposal in the spring of 2016 that will enable improved search capabilities.

    Regarding the proposed language to allow contractors to include the basic contract and ordering agreement numbers on invoices, DoD concurs and has incorporated this language into the final rule.

    c. Traceability of Purchase Orders in Systems

    Comment: One respondent identified an issue with the uniform PIID requirements that results in loss of the capability to search by purchase order identifier, which will inhibit traceability. The respondent also referenced a future release of WAWF iRAPT that would correct the issue.

    Response: Concur that WAWF iRAPT release 5.9, scheduled to be implemented in the spring of 2016, will correct the search capability issue. This will mitigate the traceability concern.

    d. Identification of Hybrid Contracts

    Comment: One respondent commented that, although current DFARS text prohibits the use of the letter C in the ninth position of a PIID for contracts that include both definite and indefinite delivery requirements, the proposed DFARS changes do not continue this prohibition. The proposed DFARS changes would allow orders to be placed under a “C” type contract. The respondent asked if this shift from existing DoD policy was intentional.

    Response: There is no shift in policy. The DFARS final rule includes clarifying language at DFARS 204.1603(a)(3)(C) to prohibit use of the letter C or H designators for contracts or agreements that include provisions for orders or calls.

    e. Inclusion of Clauses in Task or Delivery Orders

    Comment: One respondent recommended that all contract clauses from the basic contract or ordering agreement be included in each task or delivery order.

    Response: This comment is outside the scope of the rule.

    C. Other Changes

    The final rule includes some minor editorial changes for clarity and consistency in the rule text.

    • The examples of proper supplementary PIID numbering, previously located under DFARS 204.1603 are moved to DFARS PGI.

    • The proposed rule deleted the text at DFARS 239.7407. This text is not deleted in the final rule.

    • A cross reference to relocated text is updated at DFARS 243.172.

    III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    IV. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows:

    This final rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to conform with the uniform procurement instrument identification procedures implemented in the Federal Acquisition Regulation (FAR). The amendments to the DFARS accomplish the following: (1) Removal of the language that is duplicative of FAR language; (2) relocation of the remaining, nonduplicative DFARS language to subpart 204.16 to align with FAR subpart 4.16; (3) establishment of a timeline for implementation within DoD of the changes now required by the FAR; (4)confirmation that DoD will continue to use procurement instrument identifiers (PIIDs) that are 13 characters in length; and (5) revision of procedures for payment documentation and Wide Area WorkFlow (WAWF) to implement the FAR changes to task order and delivery order PIIDs.

    There were no significant issues raised by the public in response to the initial regulatory flexibility analysis provided in the proposed rule.

    This rule is not expected to have a significant impact on a substantial number of small entities. The primary changes that will impact DoD contractors from this final DFARS rule are essentially limited to the structure of task and delivery order numbers issued under DoD ordering instruments, as well as modifications to these orders.

    This rule does not add any new information collection, reporting, or recording keeping requirements. The existing recordkeeping requirements are limited to properly recording contract and other procurement instrument identification numbers and inserting them into documents (e.g., invoices) as required under Government contracts. Preparation of these records requires clerical and analytical skills to create the documents and input them into the appropriate electronic systems.

    No alternatives were determined to be available that will accomplish the objectives of the rule.

    V. Paperwork Reduction Act

    The rule contains information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to the DFARS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704-0248 entitled “Material Inspection and Receiving Report.”

    List of Subjects in 48 CFR Parts 204, 232, 243, and Appendix F to Chapter 2

    Government procurement.

    Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 204, 232, 243, and appendix F to chapter 2 are amended as follows:

    1. The authority citation for 48 CFR parts 204, 232, 243, and appendix F to chapter 2 continues to read as follows: Authority:

    41 U.S.C. 1303 and 48 CFR chapter 1.

    PART 204—ADMINISTRATIVE MATTERS 2. Add subpart 204.16 to read as follows: Subpart 204.16—Uniform Procurement Instrument Identifiers Sec. 204.1601 Policy. 204.1603 Procedures. 204.1670 Cross reference to Federal Procurement Data System. 204.1671 Order of application for modifications. Subpart 204.16—Uniform Procurement Instrument Identifiers
    204.1601 Policy.

    (a) Establishment of a Procurement Instrument Identifier (PIID). Do not reuse a PIID once it has been assigned. Do not assign the same PIID to more than one task or delivery order, even if they are issued under different base contracts or agreements.

    (b) Transition of PIID numbering. Effective October 1, 2016, all DoD components shall comply with the PIID numbering requirements of FAR subpart 4.16 and this subpart for all new solicitations, contracts, orders, and agreements issued, and any amendments and modifications to those new actions. See also PGI 204.1601(b).

    (c) Change in the PIID after its assignment. When a PIID is changed after contract award, the new PIID is known as a continued contract.

    (i) A continued contract—

    (A) Does not constitute a new procurement;

    (B) Incorporates all prices, terms, and conditions of the predecessor contract effective at the time of issuance of the continued contract;

    (C) Operates as a separate contract independent of the predecessor contract once issued; and

    (D) Shall not be used to evade competition requirements, expand the scope of work, or extend the period of performance beyond that of the predecessor contract.

    (ii) When issuing a continued contract, the contracting officer shall—

    (A) Issue an administrative modification to the predecessor contract to clearly state that—

    (1) Any future awards provided for under the terms of the predecessor contract (e.g., issuance of orders or exercise of options) will be accomplished under the continued contract; and

    (2) Supplies and services already acquired under the predecessor contract shall remain solely under that contract for purposes of Government inspection, acceptance, payment, and closeout; and

    (B) Follow the procedures at PGI 204.1601(c).

    204.1603 Procedures.

    (a) Elements of a PIID. DoD-issued PIIDs are thirteen characters in length. Use only alpha-numeric characters, as prescribed in FAR 4.1603 and this subpart. Do not use the letter I or O in any part of the PIID.

    (3) Position 9.

    (A) DoD will use three of the letters reserved for departmental or agency use in FAR 4.1603(a)(3) in this position as follows:

    (1) Use M to identify purchase orders and task or delivery orders issued by the enterprise FedMall system.

    (2) Use S to identify broad agency announcements.

    (3) Use T to identify automated requests for quotations by authorized legacy contract writing systems. See PGI 204.1603(a)(3)(A)(3) for the list of authorized systems.

    (B) Do not use other letters identified in FAR 4.1603(a)(3) as “Reserved for future Federal Governmentwide use” or “Reserved for departmental or agency use” in position 9 of the PIID.

    (C) Do not use the letter C or H for contracts or agreements with provisions for orders or calls.

    (4) Positions 10 through 17. In accordance with FAR 4.1603(a)(4), DoD-issued PIIDs shall only use positions 10 through 13 to complete the PIID. Enter the serial number of the instrument in these positions. A separate series of serial numbers may be used for any type of instrument listed in FAR 4.1603(a)(3). DoD components assign such series of PIID numbers sequentially. A DoD component may reserve blocks of numbers or alpha-numeric numbers for use by its various activities.

    (b) Elements of a supplementary PIID. In addition to the supplementary PIID numbering procedures in FAR 4.1603(b), follow the procedures contained in paragraphs (b)(2)(ii)(1) and (2) of this section. See PGI 204.1603(b) for examples of proper supplementary PIID numbering.

    (2)(ii) Positions 2 through 6. In accordance with FAR 4.1603(b)(2)(ii), DoD-issued supplementary PIIDs shall, for positions 2 through 6 of modifications to contracts and agreements, comply with the following:

    (1) Positions 2 and 3. These two digits may be either alpha or numeric characters, except—

    (i) Use K, L, M, N, P, and Q only in position 2, and only if the modification is issued by the Air Force and is a provisioned item order;

    (ii) Use S only in position 2, and only to identify modifications issued to provide initial or amended shipping instructions when—

    (a) The contract has either FOB origin or destination delivery terms; and

    (b) The price changes;

    (iii) Use T, U, V, W, X, or Y only in position 2, and only to identify modifications issued to provide initial or amended shipping instructions when—

    (a) The contract has FOB origin delivery terms; and

    (b) The price does not change; and

    (iv) Use Z only in position 2, and only to identify a modification which definitizes a letter contract or a previously issued undefinitized modification.

    (2) Positions 4 through 6. These positions are always numeric. Use a separate series of serial numbers for each type of modification listed in paragraph (b)(2)(ii) of this section.

    204.1670 Cross reference to Federal Procurement Data System.

    Detailed guidance on mapping PIID and supplementary PIID numbers stored in the Electronic Document Access system to data elements reported in the Federal Procurement Data System can be found in PGI 204.1670.

    204.1671 Order of application for modifications.

    (a) Circumstances may exist in which the numeric order of the modifications to a contract is not the order in which the changes to the contract actually take effect.

    (b) In order to determine the sequence of modifications to a contract or order, the modifications will be applied in the following order—

    (1) Modifications will be applied in order of the effective date on the modification;

    (2) In the event of two or more modifications with the same effective date, modifications will be applied in signature date order; and

    (3) In the event of two or more modifications with the same effective date and the same signature date, procuring contracting office modifications will be applied in numeric order, followed by contract administration office modifications in numeric order.

    Subpart 204.70—[Removed and Reserved] 3. Remove and reserve subpart 204.70, consisting of sections 204.7000 through 204.7007. PART 232—CONTRACT FINANCING 4. Add section 232.905 to read as follows:
    232.905 Payment documentation and process.

    (b)(1)(iii) For task and delivery orders numbered in accordance with FAR 4.1603 and 204.1603, the 13-character order number may serve as the contract number on invoices and receiving reports. The contract or agreement number under which the order was placed may be omitted from invoices and receiving reports. The contractor may choose to identify both the contract number and the 13-character order number on invoices and receiving reports. Task and delivery orders numbered with a four-position alpha-numeric call or order serial number shall include both the 13-position basic contract Procurement Instrument Identifier and the four-position order number.

    PART 243—CONTRACT MODIFICATIONS
    243.172 [Amended]
    5. Amend section 243.172 by removing “204.7007” and adding “204.1671” in its place.
    6. Amend appendix F to chapter 2, in section F-301, by revising paragraph (b)(1) to read as follows: Appendix F to Chapter 2—Material Inspection and Receiving Report F-301 Preparation instructions.

    (b) * * *

    (1) Contract no/delivery order no.

    (i) For stand-alone contracts, enter the 13-position alpha-numeric basic Procurement Instrument Identifier (PIID) of the contract. For task and delivery orders numbered in accordance with FAR 4.1603 and DFARS 204.1603, enter the 13-character order number. The contract or agreement number under which the order was placed may be omitted from the WAWF RR. Alternatively, the contractor may choose to enter the contract number on the WAWF RR in addition to the 13-character order number. If the order has only a four-position alpha-numeric call or order serial number, enter both the 13-position basic contract PIID and the four-position order number.

    (ii) Except as indicated in paragraph (b)(1)(iii) of this appendix, do not enter supplementary numbers used in conjunction with basic PIIDs to identify—

    (A) Modifications of contracts and agreements;

    (B) Modifications to calls or orders; or

    (C) Document numbers representing contracts written between contractors.

    (iii) When shipping instructions are furnished and shipment is made before receipt of the confirming contract modification (SF 30, Amendment of Solicitation/Modification of Contract), enter a comment in the Misc. Info Tab to this effect. This will appear in the Comments section of the printed WAWF RR.

    [FR Doc. 2016-04189 Filed 2-25-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XE455 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction AGENCY:

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

    ACTION:

    Temporary rule; trip limit reduction.

    SUMMARY:

    NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

    DATES:

    This rule is effective 12:01 a.m., local time, March 2, 2016, until 12:01 a.m., local time, July 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Rick DeVictor, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The snapper-grouper fishery in the South Atlantic includes vermilion snapper and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council prepared the FMP. The FMP is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

    The commercial ACL (commercial quota) for vermilion snapper in the South Atlantic is divided into two 6-month time periods, January through June and July through December. For the January 1 through June 30, 2016, fishing season, the commercial quota is 388,703 lb (176,313 kg), gutted weight, 431,460 lb (195,707 kg), round weight (50 CFR 622.190(a)(4)(i)(D)).

    Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the commercial trip limit for vermilion snapper from 1,000 lb (454 kg), gutted weight, 1,110 lb (503 kg), round weight, when 75 percent of the fishing season commercial quota is reached or projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as established by Regulatory Amendment 18 (78 FR 47574, August 6, 2013). The reduced commercial trip limit is 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. Based on current information, NMFS has determined that 75 percent of the available commercial quota for the January 1 through June 30, 2016, fishing season for vermilion snapper will be reached by March 2, 2016. Accordingly, NMFS is reducing the commercial trip limit for vermilion snapper to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight, in or from the South Atlantic EEZ at 12:01 a.m., local time, on March 2, 2016. This reduced commercial trip limit will remain in effect until the start of the next fishing season on July 1, 2016, or until the commercial quota is reached and the commercial sector closes, whichever occurs first.

    Classification

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

    This action is taken under 50 CFR 622.191(a)(6)(ii) and is exempt from review under Executive Order 12866.

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

    This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this commercial trip limit reduction constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary, because the rule establishing the trip limit has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Prior notice and opportunity for public comment is contrary to the public interest, because any delay in reducing the commercial trip limit could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the vermilion snapper resource, since the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment on this action would require time and increase the probability that the commercial sector could exceed its quota.

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: February 23, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-04191 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 141021887-5172-02] RIN 0648-XE471 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Western Aleutian Islands District of the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Pacific cod, including for the Community Development Quota program (CDQ), in the Western Aleutian Islands district of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the Western Aleutian Islands district Pacific cod harvest limit of the 2016 total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), February 23, 2016, through 2400 hrs, A.l.t., December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the 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 Western Aleutian Islands district Pacific cod harvest limit of the 2016 TAC in the Aleutian Islands subarea of the BSAI is 3,377 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish in the BSAI (80 FR 11919, March 5, 2015) and inseason adjustment (81 FR 184, January 5, 2016). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the Area 543 Pacific cod harvest limit of the 2016 Pacific cod TAC in the Aleutian Islands subarea of the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,377 mt, and is setting aside the remaining 1,000 mt as incidental catch in directed fishing for other species. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod in the Western Aleutian Islands district of the BSAI.

    After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    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 directed fishing closure of Pacific cod in the Western Aleutian Islands district of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 22, 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: February 23, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-04205 Filed 2-23-16; 4:15 pm] BILLING CODE 3510-22-P
    81 38 Friday, February 26, 2016 Proposed Rules DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2015-0050] Privacy Act: Implementation of Exemptions; Department of Homeland Security/ALL-038 Insider Threat Program System of Records AGENCY:

    Privacy Office, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Department of Homeland Security (DHS) is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the “Department of Homeland Security/ALL-038 Insider Threat Program System of Records” and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

    DATES:

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

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2015-0050 or by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-343-4010.

    Mail: Karen L. Neuman, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    Instructions: All submissions received must include the agency name and docket number for this document. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For questions please contact: Karen L. Neuman, (202-343-1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    SUPPLEMENTARY INFORMATION: I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department proposes to establish a new DHS system of records titled “DHS/ALL-038 Insider Threat Program System of Records.”

    DHS has created a Department-wide system, known as the Insider Threat Program system of records to manage insider threat matters within DHS. The Insider Threat Program was mandated by E.O. 13587, “Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information,” issued October 7, 2011, which requires Federal agencies to establish an insider threat detection and prevention program to ensure the security of classified networks and the responsible sharing and safeguarding of classified information with appropriate protections for privacy and civil liberties. Insider threats include: Attempted or actual espionage, subversion, sabotage, terrorism, or extremist activities directed against the Department and its personnel, facilities, resources, and activities; unauthorized use of or intrusion into automated information systems; unauthorized disclosure of classified, controlled unclassified, sensitive, or proprietary information or technology; and indicators of potential insider threats. The Insider Threat Program system may include information from any DHS Component, office, program, record, or source, and includes records from information security, personnel security, and systems security for both internal and external security threats.

    Consistent with DHS's information sharing mission, information stored in the DHS/ALL-038 Insider Threat Program system of records may be shared with other DHS components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, DHS may share information with appropriate Federal, State, local, tribal, territorial, foreign, or international government agencies consistent with the routine uses set forth in the DHS ALL-038 system of records notice.

    DHS is issuing this Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act. The system of records notice is published elsewhere in this Federal Register. This newly established system will be included in DHS's inventory of record systems.

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which federal government agencies collect, maintain, use, and disseminate individuals' records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals when systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors.

    The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is claimed.

    DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/ALL-038 Insider Threat Program System of Records. Some information in DHS/ALL-038 Insider Threat Program System of Records relates to official DHS national security, law enforcement, and intelligence activities. These exemptions are needed to protect information relating to DHS activities from disclosure to subjects or others related to these activities. Specifically, the exemptions are required to: preclude subjects of these activities from frustrating these processes; avoid disclosure of insider threat techniques; protect the identities and physical safety of confidential informants and law enforcement personnel; ensure DHS' ability to obtain information from third parties and other sources; protect the privacy of third parties; and safeguard classified information. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.

    In appropriate circumstances, where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system and the overall law enforcement process, the applicable exemptions may be waived on a case by case basis.

    A notice of system of records DHS/ALL-038 Insider Threat Program System of Records is also published in this issue of the Federal Register.

    List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS proposes to amend chapter I of title 6, Code of Federal Regulations, as follows:

    PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority:

    Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a.

    2. In appendix C to part 5, add paragraph 74 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act

    74. The DHS/ALL-038 Insider Threat Program System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ALL-038 Insider Threat Program System of Records System of Records is a repository of information held by DHS in connection with various missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. The DHS/ALL-038 Insider Threat Program System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other Federal, State, local, tribal, foreign, or international government agencies.

    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12), (f), (g)(1), and (h). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).

    Where a record received from another system has been exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those records that are claimed for the original primary systems of records from which they originated and claims any additional exemptions set forth here.

    Exemptions from these particular subsections are justified on a case-by-case basis and determined at the time a request is made, for the following reasons:

    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS and the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

    (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.

    (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

    (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities.

    (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.

    (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants.

    (g) From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations.

    (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS's ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence.

    (i) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act.

    Dated: February 18, 2016. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2016-03923 Filed 2-25-16; 8:45 am] BILLING CODE 9110-9B-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-3705; Directorate Identifier 2015-NM-168-AD] RIN 2120-AA64 Airworthiness Directives; Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Textron Aviation Inc. Model 680 airplanes. This proposed AD was prompted by Cessna's report of a manufacturing defect which affects the durability of the aft canted bulkhead metallic structure. The manufacturing defect directly affects the bond integrity of the vertical and horizontal stiffeners on the aft canted bulkhead metallic structure. This proposed AD would require repetitive inspections of the aft canted bulkhead, and repair if necessary. This proposed AD would also require a modification, which would terminate the repetitive inspections. We are proposing this AD to prevent disbonding of the horizontal and vertical stiffeners on the aft canted bulkhead. Loss of bond integrity could result in a structural failure that could lead to separation of the cruciform tail and loss of control of the airplane.

    DATES:

    We must receive comments on this proposed AD by April 11, 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 NPRM, contact Textron Aviation Inc., P.O. Box 7706, Wichita, KS 67277; telephone 316-517-6215; fax 316-517-5802; email [email protected]; Internet https://support.cessna.com/custsupt/csupport/newlogin.jsp. You may review this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-3705; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Paul Kalowski, Aerospace Engineer, Airframe Branch, ACE-118W, Wichita Aircraft Certification Office (ACO), FAA, 1801 Airport Road, Room 100, Dwight D. Eisenhower Airport, Wichita, KS 67209; phone: 316-946-4186; fax: 316-946-4107; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-3705; Directorate Identifier 2015-NM-168-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    This proposed AD was prompted by Cessna's report of a manufacturing defect that affects the durability of the aft canted bulkhead metallic structure. The manufacturing defect directly affects the bond integrity of the vertical and horizontal stiffeners on the aft canted bulkhead metallic structure. This disbonding is caused by a loss of durability in the metal-to-metal bondline, which resulted from a reduced autoclave cure cycle dwell time and temperature during manufacturing. This condition, if not detected and corrected, could result in a structural failure that could lead to separation of the cruciform tail and loss of control of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed the following Cessna service information.

    • Cessna Service Letter SL680-53-05, Revision 2, dated September 30, 2015. The service information describes procedures for a general visual inspection for disbonding and paint cracking around the edges of the stiffeners on the aft canted bulkhead.

    • Cessna Service Bulletin SB680-53-08, dated September 28, 2015. The service information describes procedures for modifying the airplane by installing additional stiffeners to the aft canted bulkhead.

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

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.”

    Differences Between This Proposed AD and the Service Information

    Although Cessna Service Letter SL680-53-05, Revision 2, dated September 30, 2015, specifies reporting the inspection results to Cessna, this proposed AD would not require those actions.

    Although Cessna Service Letter SL680-53-05, Revision 2, dated September 30, 2015, specifies that operators may contact the manufacturer for disposition of certain conditions, this proposed AD would require operators to repair those conditions in accordance with a method approved by the FAA.

    Although Cessna Service Letter SL680-53-05, Revision 2, dated September 30, 2015; and Service Bulletin SB680-53-08, dated September 28, 2015; use the term “debond” to describe full or partial separation of a stiffener from the aft canted bulkhead structure, this proposed AD instead uses the term “disbond.”

    Costs of Compliance

    We estimate that this proposed AD affects 123 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection 1 work-hour × $85 per hour = $85 per inspection cycle $0 $85 per inspection cycle $10,455 per inspection cycle. Modification 180 work-hours × $85 per hour = $15,300 3,190 $18,490 $2,274,270.

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

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company): Docket No. FAA-2016-3705; Directorate Identifier 2015-NM-168-AD.-- (a) Comments Due Date

    We must receive comments by April 11, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company), Model 680 airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD.

    (1) Model 680 Sovereign airplanes (commonly known as Citation Sovereign airplanes), having serial numbers: 680-0001, -0002, -0006, -0025, -0030, -0031, -0032, -0046, -0051, -0057, -0064, -0066, -0067, -0082, -0104, -0108, -0112, -0118, -0120, -0125, -0132, -0139, -0140, -0141, -0144, -0147, -0148, -0149, -0153, -0157, -0160, -0162, -0163, -0164, -0166, -0167, -0169, -0170, -0171, -0173, -0174, -0175, -0176, -0177, -0178, -0179, -0180, -0182, -0183, -0185, -0186, -0192, -0193, -0196, -0200, -0202, -0204, -0205, -0206, -0208, -0211, -0216, -0220, -0221, -0222, -0227, -0229, -0230, -0231, -0234, -0235, -0236, -0238, -0241, -0242, -0243, -0245, -0246, -0249, -0252, -0253, -0255, -0256, -0257, -0258, -0260, -0262, -0268, -0270, -0271, -0280, -0282, -0283, -0284, -0285, -0289, -0291, -0292, -0296, -0297, -0300, -0301, -0302, -0303, -0304, -0306, -0307, -0313, -0315, -0317, -0318, -0322, -0323, -0324, -0327, -0328, -0329, -0333, -0334, -0336, -0337, -0339, -0340, -0342, -0344, -0346, -0347, -0348, and -0349.

    (2) Model 680 Sovereign airplanes (commonly known as Citation Sovereign+ airplanes) having serial numbers: 680-0501, -0504, -0505, -0509, -0510, -0511, -0512, -0513, -0514, -0515, -0516, -0517, -0519, -0520, -0522, -0524, -0525, -0526, -0527, and -0531.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by Cessna's report of a manufacturing defect which affects the durability of the aft canted bulkhead metallic structure. The manufacturing defect directly affects the bond integrity of the vertical and horizontal stiffeners on the aft canted bulkhead metallic structure. We are issuing this AD to prevent disbonding of the horizontal and vertical stiffeners on the aft canted bulkhead. Loss of bond integrity could result in a structural failure that may lead to separation of the cruciform tail and loss of control of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections

    Before the accumulation of 7,000 total flight hours, or within 100 flight hours after the effective date of this AD, whichever occurs later, perform a general visual inspection for disbonding and paint cracking around the edges of the stiffeners on the aft canted bulkhead, in accordance with the Accomplishment Instructions of Cessna Service Letter SL680-53-05, Revision 2, dated September 30, 2015. Repeat the general visual inspection thereafter at intervals not to exceed 100 flight hours, until the modification required by paragraph (i) of this AD is accomplished.

    (h) Repair

    If, during any inspection required by paragraph (g) of this AD, any disbonding or cracked paint is found, before further flight, repair in accordance with a method approved by the Manager, Wichita Aircraft Certification Office (ACO), ACE-118W, FAA.

    (i) Modification

    At the applicable compliance time specified in paragraph (i)(1) or (i)(2) of this AD, modify the airplane by installing additional stiffeners on the aft canted bulkhead, in accordance with the Accomplishment Instructions of Cessna Service Bulletin SB680-53-08, dated September 28, 2015. Doing this modification terminates the repetitive inspections required by paragraph (g) of this AD.

    (1) For airplanes that have accumulated 7,000 or more total flight hours as of the effective date of this AD: Within 1,800 flight hours or 24 months, whichever occurs first, after the effective date of this AD.

    (2) For airplanes that have accumulated less than 7,000 total flight hours as of the effective date of this AD: Within 3,600 flight hours or 48 months, whichever occurs first, after the effective date of this AD.

    (j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraph (j)(1) or (j)(2) of this AD, which is not incorporated by reference in this AD.

    (1) Cessna Service Letter SL680-53-05, dated December 22, 2014.

    (2) Cessna Service Letter SL680-53-05, Revision 1, dated March 12, 2015.

    (k) No Reporting Requirement

    Although Cessna Service Bulletin SB680-53-08, dated September 28, 2015; and Cessna Service Letter SL680-53-05 Revision 2, dated September 30, 2015; specify to submit certain information to the manufacturer, this AD does not include that requirement.

    (l) Special Flight Permit

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

    (m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita ACO, ACE-118W, 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.

    (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.

    (n) Related Information

    (1) For more information about this AD, contact Paul Kalowski, Aerospace Engineer, Airframe Branch, ACE-118W, FAA, Wichita ACO, 1801 Airport Road, Room 100, Dwight D. Eisenhower Airport, Wichita, KS 67209; phone: 316-946-4186; fax: 316-946-4107; email: [email protected]

    (2) For service information identified in this AD, contact Textron Aviation Inc., P.O. Box 7706, Wichita, KS 67277; telephone: 316-517-6215; fax: 316-517-5802; email: [email protected]; Internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on February 18, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-04136 Filed 2-25-16; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2016-0003; FRL-9942-85-Region 10] Approval and Promulgation of Implementation Plans; Spokane, Washington: Second 10-Year PM10 Limited Maintenance Plan AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve the limited maintenance plan submitted on January 4, 2016, by the State of Washington for the Spokane area, which includes the cities of Spokane, Spokane Valley, Millwood and surrounding unincorporated areas in Spokane County, Washington. This plan addresses the second 10-year maintenance period for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). A limited maintenance plan is used to meet Clean Air Act requirements for formerly designated nonattainment areas that meet certain qualification criteria. The EPA is proposing to determine Washington's submittal meets the limited maintenance plan criteria. The Spokane area currently has monitored PM10 levels well below the National Ambient Air Quality Standards (NAAQS) and levels have not increased since the area was redesignated to attainment in 2005. The EPA is also proposing to approve minor updates to the Spokane Regional Clean Air Agency (SRCAA) regulations controlling PM10 related to the maintenance plan.

    DATES:

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

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R10-OAR-2016-0003 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Jeff Hunt at (206) 553-0256, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document wherever “we”, “us” or “our” is used, it is intended to refer to the EPA.

    Table of Contents I. Background II. The Limited Maintenance Plan Option for PM10 Areas A. Requirements for the Limited Maintenance Plan Option B. Conformity Under the Limited Maintenance Plan Option III. Review of the State's Submittal A. Has the State demonstrated that the maintenance area qualifies for the limited maintenance plan option? B. Does the State have an approved attainment emissions inventory? C. Does the limited maintenance plan include an assurance of continued operation of an appropriate EPA-approved air quality monitoring network, in accordance with 40 CFR part 58? D. Does the plan meet the Clean Air Act requirements for contingency provisions? IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background

    The Spokane area was designated as nonattainment for PM10 by operation of law upon enactment of the Clean Air Act Amendments in 1990 (56 FR 56694, November 6, 1991). The Washington Department of Ecology (Ecology) and SRCAA worked with the community to establish PM10 pollution control strategies. Primary control strategies include a residential wood smoke control program, paving unpaved streets, requirements for improved sweeping and sanding practices on paved roads, and regulatory orders at the Kaiser Aluminum and Chemical Corporation Trentwood facility for PM10. The Spokane area attained the PM10 NAAQS in 1994, with continued attainment ever since.

    The EPA partially approved the PM10 attainment plan for the Spokane area on January 27, 1997 (62 FR 3800). The EPA then approved the remaining attainment plan elements and a 10-year maintenance plan, redesignating the area from nonattainment to attainment effective August 30, 2005 (70 FR 38029, published July 1, 2005). The purpose of the current limited maintenance plan is to fulfill the second 10-year planning requirement, section 175A(b) of the Clean Air Act, to ensure compliance through 2025.

    II. The Limited Maintenance Plan Option for PM10 Areas A. Requirements for the Limited Maintenance Plan Option

    On August 9, 2001, the EPA issued guidance on streamlined maintenance plan provisions for certain moderate PM10 nonattainment areas. See memo from Lydia Wegman, Director, Air Quality Standards and Strategies Division, entitled “Limited Maintenance Plan Option for Moderate PM10 Nonattainment Areas” (limited maintenance plan option memo). The limited maintenance plan option memo contains a statistical demonstration that areas meeting certain air quality criteria will, with a high degree of probability, maintain the standard ten years into the future. Thus, the EPA provided the maintenance demonstration for areas meeting the criteria outlined in the memo. It follows that future year emission inventories for these areas, and some of the standard analyses to determine transportation conformity with the State Implementation Plan (SIP) are no longer necessary.

    To qualify for the limited maintenance plan option the State must demonstrate the area meets the criteria described below. First, the area should have attained the PM10 NAAQS. Second, the most recent five years of air quality data at all monitors in the area, called the 24-hour average design value, should be at or below 98 micrograms per cubic meter (μg/m3). Third, the State should expect only limited growth in on-road motor vehicle PM10 emissions and should have passed a motor vehicle regional emissions analysis test. Lastly, the memo identifies core provisions that must be included in all limited maintenance plans. These provisions include an attainment year emissions inventory, assurance of continued operation of an EPA-approved air quality monitoring network, and contingency provisions.

    B. Conformity Under the Limited Maintenance Plan Option

    The transportation conformity rule and the general conformity rule (40 CFR parts 51 and 93) apply to nonattainment areas and maintenance areas covered by an approved maintenance plan. Under either conformity rule, an acceptable method of demonstrating a Federal action conforms to the applicable SIP is to demonstrate that expected emissions from the planned action are consistent with the emissions budget for the area.

    While qualification for the limited maintenance plan option does not exempt an area from the need to affirm conformity, conformity may be demonstrated without submitting an emissions budget. Under the limited maintenance plan option, emissions budgets are treated as essentially not constraining for the length of the maintenance period because it is unreasonable to expect that the qualifying areas would experience so much growth in that period that a violation of the PM10 NAAQS would result. For transportation conformity purposes, the EPA would conclude that emissions in these areas need not be capped for the maintenance period and therefore a regional emissions analysis would not be required. Similarly, Federal actions subject to the general conformity rule could be considered to satisfy the “budget test” specified in 40 CFR 93.158 (a)(5)(i)(A) for the same reasons that the budgets are essentially considered to be unlimited.

    Under the limited maintenance plan option, emissions budgets are treated as essentially not constraining for the maintenance period because it is unreasonable to expect that qualifying areas would experience so much growth in that period that a NAAQS violation would result. While areas with maintenance plans approved under the limited maintenance plan option are not subject to the budget test, the areas remain subject to the other transportation conformity requirements of 40 CFR part 93, subpart A. Thus, the metropolitan planning organization (MPO) in the area or the State must document and ensure that:

    • Transportation plans and projects provide for timely implementation of SIP transportation control measures (TCMs) in accordance with 40 CFR 93.113;

    • Transportation plans and projects comply with the fiscal constraint element as set forth in 40 CFR 93.108;

    • The MPO's interagency consultation procedures meet the applicable requirements of 40 CFR 93.105;

    • Conformity of transportation plans is determined no less frequently than every four years, and conformity of plan amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR 93.104;

    • The latest planning assumptions and emissions model are used as set forth in 40 CFR 93.110 and 40 CFR 93.111;

    • Projects do not cause or contribute to any new localized carbon monoxide or particulate matter violations, in accordance with procedures specified in 40 CFR 93.123; and

    • Project sponsors and/or operators provide written commitments as specified in 40 CFR 93.125.

    In approving the 2nd 10-year limited maintenance plan, the Spokane maintenance area will continue to be exempt from performing a regional emissions analysis, but must meet project-level conformity analyses as well as the transportation conformity criteria mentioned above.

    III. Review of the State's Submittal A. Has the State demonstrated that the maintenance areas qualify for the limited maintenance plan option?

    As discussed above, the limited maintenance plan option memo outlines the requirements to be met for an area to qualify. First, the area should be attaining the PM10 NAAQS. Under 40 CFR 50.6, the primary and secondary PM10 NAAQS are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3 is equal to or less than one. The EPA determined that the Spokane area attained the PM10 NAAQS and formally redesignated the area from nonattainment to attainment, beginning the first 10-year maintenance period effective August 30, 2005 (70 FR 38029, published July 1, 2005). We have evaluated the most recent monitoring data that shows that the Spokane area continues to attain the PM10 NAAQS with the number of annual exceedances equal to 0.3 for the period 2012 through 2014, well below the 1.0 threshold for meeting the NAAQS.1

    1 The data evaluated includes a 2013 flagged exceptional event that has not been fully evaluated by the EPA to date. If this flagged data were factored into the analysis, the calculated number of annual exceedances would drop to 0.0.

    Second, the average design value for the past five years of monitoring data must be at or below the critical design value of 98 μg/m3 for the PM10 NAAQS. The critical design value is a margin of safety in which an area has a one in ten probability of exceeding the NAAQS. The 5-year average design value for Spokane based on PM10 monitoring data from 2009 through 2014 is 80 μg/m3. The EPA reviewed the data and methodology provided by the State and finds that the Spokane area 5-year average design value is below the critical design value of 98 μg/m3 outlined in the limited maintenance plan option memo and therefore, meets the requirement for the limited maintenance plan option.

    Third, the area must meet the motor vehicle regional emissions analysis test described in the limited maintenance plan option memo. The State submitted an analysis showing that growth in on-road mobile PM10 emissions sources was minimal and would not threaten the assumption of maintenance that underlies the limited maintenance plan policy. Using the EPA's methodology, the State calculated total growth in on-road motor vehicle PM10 emissions over the ten-year period for the Spokane area. This calculation is derived using Attachment B of the EPA's limited maintenance plan memo, where the projected percentage increase in vehicle miles traveled over the next ten years (VMTpi) is multiplied by the on-road mobile portion of the attainment year inventory (DVmv), including both primary and secondary PM10 emissions and re-entrained road dust. The EPA reviewed the calculations in the State's limited maintenance plan submittal and concurs with the determination that the area meets the motor vehicle regional emissions analysis test. This test is met when (VMTpi × DVmv) plus the design value for the most recent five years of quality assured data is below the limited maintenance plan threshold of 98 μg/m3. The result for Spokane is 82 μg/m3.

    As described above, the Spokane maintenance area meets the qualification criteria set forth in the limited maintenance plan option memo. To ensure these requirements continue to be met, the State has committed to evaluate monitoring data annually to ensure the area continues to qualify for the limited maintenance plan option. The State will report this information to the EPA in the annual monitoring network report.

    B. Does the State have an approved attainment emissions inventory?

    Pursuant to the limited maintenance plan option memo, the State's submission should include an emissions inventory which can be used to demonstrate attainment of the relevant NAAQS. The inventory should represent emissions during the same five-year period associated with air quality data used to determine whether the area meets the applicability requirements of the limited maintenance plan option.

    The limited maintenance plan submittal includes an emissions inventory based on the State's 2011 Triennial Emissions Inventory. This inventory is prepared as part of the 2011 National Emissions Inventory under the EPA's Air Emissions Reporting Rule (73 FR 76539, December 17, 2008). The information was supplemented with annual 2011 industrial emissions reported to SRCAA and Ecology. The 2011 base years represent the most recent emissions inventory data available and is consistent with the data used to determine applicability of the limited maintenance plan option (i.e., having no violations of the PM10 NAAQS). The most significant emission source categories for the Spokane area are residential wood combustion and dust from paved and unpaved roads. The 2011 emission inventory results compare favorably to the 2002 emission inventory submitted with the first 10-year limited maintenance plan. Particulate matter from residential wood combustion has declined by almost one half. These emission were 2,052 tons per year (tpy) in 2002 versus 1,062 tpy in 2011. Particulate matter from unpaved roads declined from 5,855 tpy in 2002 to 623 tpy in 2011. The only significant source category from the 2002 emission inventory to increase was particulate matter from paved roads, which increased from 325 tpy in 2002 to 623 tpy in 2011. Emissions from point sources remained relatively stable at 147 tpy in 2002 and 160 tpy in 2011. The EPA reviewed and is proposing to approve the emissions inventory and methodology. The emissions inventory data supports the State's conclusion that the existing control measures in place will continue to protect and maintain the PM10 NAAQS.

    C. Does the limited maintenance plan include an assurance of continued operation of an appropriate EPA-approved air quality monitoring network, in accordance with 40 CFR Part 58?

    The limited maintenance plan memo states, “[t]o verify the attainment status of the area over the maintenance period, the maintenance plan should contain a provision to assure continued operation of an appropriate, EPA-approved air quality monitoring network, in accordance with 40 CFR part 58.” SRCAA currently operates a Federal Equivalent Method (FEM) Tapered Element Oscillating Microbalance (TEOM) PM10 monitor. SRCAA commits to maintaining a PM10 NAAQS compliance monitor through the limited maintenance plan period to verify the attainment status of the area, confirm continued qualification for the limited maintenance plan option, and to provide a means for triggering contingency measures if needed. The EPA last approved the State's monitoring network in a letter dated October 28, 2015, included in the docket for this action. Table 1 shows 98th percentile PM10 monitored values at the site to provide a sense of trends since the area came into attainment in 2005.

    Table 1—98th Percentile PM10 Trends in Micrograms per Cubic Meter [μg/m3] 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 89 72 61 65 48 43 43 67 49 60 D. Does the plan meet the Clean Air Act requirements for contingency provisions?

    Clean Air Act section 175A states that a maintenance plan must include contingency provisions, as necessary, to ensure prompt correction of any violation of the relevant NAAQS which may occur after redesignation of the area to attainment. SRCAA Regulation 1 Section 6.15.G contains additional requirements for road paving should the EPA find that the Spokane area has violated the PM10 NAAQS. The EPA approved this provisions into the SIP on April 12, 1999 (64 FR 17545). Similarly, Regulation 1 Sections 8.07.A.5 and 8.09 provide for prohibition of the use of uncertified woodstoves for the sole purpose of meeting Clean Air Act requirements for contingency measures, which the EPA approved into the SIP on January 27, 1997 (62 FR 3800). These contingency provisions remain in effect today.

    IV. Proposed Action

    The EPA is proposing to approve the limited maintenance plan submitted by the State of Washington, on January 4, 2016, for the Spokane PM10 area. If finalized, the EPA's approval of this limited maintenance plan will satisfy the section 175A Clean Air Act requirements for the second 10-year period in the Spokane PM10 area. Additionally, Ecology and SRCAA requested that the EPA update the Washington SIP to include minor regulatory changes associated with the limited maintenance plan adopted in 2004 and 2007, since the EPA's last approval (64 FR 17545, April 12, 1999). These regulatory changes update and clarify the general PM10 control measures, including minor revisions to the emission reduction strategies for both paved and unpaved roads. In a prior approval on January 27, 1997, the EPA inadvertently approved SRCAA section 6.05(A) which is a nuisance provision addressing the deposition of particulate and not related to attainment or maintenance of the NAAQS (62 FR 3800). Ecology and SRCAA requested, and the EPA proposes to approve, correcting the SIP to remove this nuisance provision. A full copy of the regulatory changes, in redline/strikeout format, is included in Appendix D of the State submittal. The EPA reviewed these changes and is proposing to approve and incorporate by reference the updated versions of SRCAA Regulation I, sections 6.05, 6.14, and 6.15, shown in the table below.

    Spokane Regional Clean Air Agency (SRCAA) Regulations for Proposed Approval and Incorporation by Reference State/Local citation Title/Subject State/Local
  • effective date
  • Explanation
    Regulation I 6.05 Particulate Matter and Preventing Particulate Matter from Becoming Airborne 04/10/04 Except 6.05(A). 6.14 Standards for Control of Particulate Matter on Paved Surfaces 06/03/07 6.15 Standards for Control of Particulate Matter on Unpaved Roads 06/03/07
    V. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is proposing to revise our incorporation by reference of 40 CFR 52.2470(c)—Table 9 “Additional Regulations Approved for the Spokane Regional Clean Air Agency (SRCAA) Jurisdiction” to reflect the regulations shown in the Proposed Action section. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).

    VI. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

    • Is not subject to the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and

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

    In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. This SIP revision is not approved to apply in Indian reservations in the State or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Consistent with EPA policy, the EPA provided a consultation opportunity to the Spokane Tribe in a letter dated May 21, 2015. The EPA did not receive a request for consultation.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: February 12, 2016. Dennis J. McLerran, Regional Administrator, Region 10.
    [FR Doc. 2016-04081 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA-HQ-OAR-2015-0764; FRL-9942-96-OAR] RIN 2060-AS73 Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed rulemaking; extension of public comment period.

    SUMMARY:

    The Environmental Protection Agency (EPA) is announcing an extension of the public comment period for the proposed rule titled “Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems.” The public comment period for this proposal began on January 29, 2016. This document announces the extension of the deadline for public comment from February 29, 2016 to March 15, 2016.

    DATES:

    The public comment period for the proposed rule published January 29, 2016 (81 FR 4987) is extended. Comments must be received on or before March 15, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-0764 to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC-6207A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 343-9263; fax number: (202) 343-2342; email address: [email protected] For technical information, please go to the Greenhouse Gas Reporting Program Web site, http://www.epa.gov/ghgreporting/index.html. To submit a question, select Help Center, followed by “Contact Us.”

    SUPPLEMENTARY INFORMATION: Worldwide Web (WWW)

    In addition to being available in the docket, an electronic copy of this proposal will also be available through the WWW. Following signature, a copy of this action will be posted on the EPA's GHGRP Web site at http://www.epa.gov/ghgreporting/index.html.

    Additional Information on Submitting Comments

    To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in addition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Programs, Climate Change Division, Mail Code 6207A, Washington, DC 20460, telephone (202) 343-9263, email address: [email protected]

    Background

    In this action, the EPA is providing notice that it is extending the comment period on the proposed rule titled “Greenhouse Gas Reporting Rule: Leak Detection Methodology Revisions and Confidentiality Determinations for Petroleum and Natural Gas Systems,” which was published on January 29, 2016 (81 FR 4987). The previous deadline for submitting public comment on that rule was February 29, 2016. The EPA is extending that deadline to March 15, 2016. This extension will provide the general public additional time for participation and comments.

    List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements.

    Dated: February 22, 2016. Sarah Dunham, Director, Office of Atmospheric Programs.
    [FR Doc. 2016-04196 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 98 [EPA-HQ-OAR-2015-0526; FRL-9942-95-OAR] RIN 2060-AS60 2015 Revisions and Confidentiality Determinations for Data Elements Under the Greenhouse Gas Reporting Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed rulemaking; extension of public comment period.

    SUMMARY:

    The EPA is announcing an extension of the public comment period for the proposed rule titled “2015 Revisions and Confidentiality Determinations for Data Elements under the Greenhouse Gas Reporting Rule”. The public comment period for this proposal began on January 29, 2016. This document announces the extension of the deadline for public comments from February 29, 2016 to March 30, 2016.

    DATES:

    Comment Due Date: The comment due date of February 29, 2016, for the proposed rule published on January 15, 2016, at 81 FR 2536, is extended to March 30, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-0526, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Carole Cook, Climate Change Division, Office of Atmospheric Programs (MC-6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343-9263; fax number: (202) 343-2342; email address: [email protected] For technical information, please go to the Greenhouse Gas Reporting Program Web site, http://www.epa.gov/ghgreporting/index.html. To submit a question, select Help Center, followed by “Contact Us.”

    SUPPLEMENTARY INFORMATION: Worldwide Web (WWW)

    In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW. Following the Administrator's signature, a copy of this action will be posted on the EPA's Greenhouse Gas Reporting Rule Web site at http://www.epa.gov/ghgreporting.

    Additional Information on Submitting Comments

    To expedite review of your comments by Agency staff, you are encouraged to send a separate copy of your comments, in adition to the copy you submit to the official docket, to Carole Cook, U.S. EPA, Office of Atmospheric Program, Climate Change Division, Mail Code 6207A, Washington, DC 20460, telephone (202) 343-9263, email address: [email protected]

    Background

    In this action, the EPA is providing notice that it is extending the comment period on the proposed rule titled “2015 Revisions and Confidentiality Determinations for Data Elements under the Greenhouse Gas Reporting Rule”, which was published on January 15, 2016 (81 FR 2536). The previous deadline for submitting public comment on that rule was February 29, 2016. The EPA is extending that deadline to March 30, 2016. This extension will provide the general public additional time for participation and comments.

    List of Subjects in 40 CFR Part 98

    Environmental protection, Administrative practice and procedure, Greenhouse gases, Reporting and recordkeeping requirements.

    Dated: February 22, 2016. Sarah Dunham, Director, Office of Atmospheric Programs.
    [FR Doc. 2016-04197 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R4-ES-2014-0054; FXES11130900000C2-167-FF09E32000] RIN 1018-BA46 Endangered and Threatened Wildlife and Plants; Removal of Solidago albopilosa (White-Haired Goldenrod) From the Federal List of Endangered and Threatened Plants AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Proposed rule; reopening of comment period.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our September 1, 2015, proposed rule to remove the plant Solidago albopilosa (white-haired goldenrod) from the Federal List of Endangered and Threatened Plants. We are reopening the comment period for 30 days in order to conduct peer review and provide interested parties an additional opportunity to comment on the proposed rule and draft post delisting monitoring plan. Comments previously submitted need not be resubmitted, as they will be fully considered in preparation of the final listing determination.

    DATES:

    To allow us adequate time to consider your comments on the proposed rule, we must receive your comments on or before March 28, 2016.

    ADDRESSES:

    Written comments: You may submit comments on the proposed rule and draft post-delisting monitoring plan by one of the following methods:

    Federal eRulemaking Portal: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the docket number for the proposed rule, which is FWS-R4-ES-2014-0054. Then click on the Search button. On the resulting page, you may submit a comment by clicking on “Comment Now!” Please ensure that you have found the correct rulemaking before submitting your comment.

    By U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-R4-ES-2014-0054, U.S. Fish and Wildlife Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see SUPPLEMENTARY INFORMATION for more information).

    Document availability: Comments and materials we receive, as well as supporting documentation we used in preparing the proposed rule, will be available for public inspection onhttp://www.regulations.gov under Docket No. FWS-R4-ES-2014-0054. A copy of the draft post-delisting monitoring plan can be viewed at http://www.regulations.gov under Docket No. FWS-R4-ES-2014-0054, or at the Kentucky Ecological Services Field Office's Web site athttp://www.fws.gov/frankfort/.

    FOR FURTHER INFORMATION CONTACT:

    Virgil Lee Andrews, Jr., Field Supervisor, U.S. Fish and Wildlife Service, Kentucky Ecological Services Field Office, 330 West Broadway, Suite 265, Frankfort, KY 40601; telephone (502) 695-0468. Individuals who are hearing-impaired or speech-impaired may call the Federal Information Relay Service at (800) 877-8339 for TTY assistance 24 hours a day, 7 days a week.

    SUPPLEMENTARY INFORMATION:

    On September 1, 2015, we published a proposed rule (80 FR 52717) to remove the plant Solidago albopilosa (white-haired goldenrod) from the Federal List of Endangered and Threatened Plants based on a thorough review of the best available scientific and commercial data, which indicate that this species has recovered and no longer meets the definition of an endangered or a threatened species under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). We sought information, data, and comments from the public regarding the proposal and the associated draft post-delisting monitoring plan for 60 days, ending November 2, 2015. We are reopening the comment period on that proposed rule and the associated draft post-delisting monitoring plan for an additional 30 days (see DATES). We will accept written comments and information during this reopened comment period. We are specifically soliciting comments from peer reviewers (see Peer Review, below), but we are providing all interested parties with this additional time to submit information. Please refer to the proposed rule for more information on our proposed action and the specific information we seek.

    You may submit your comments and materials concerning the proposed rule or the associated draft post-delisting monitoring plan by one of the methods listed in ADDRESSES. 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. All comments and recommendations, including names and addresses, will become part of the administrative record.

    If you submit information via http://www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. 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.

    If you mail or hand-deliver a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review, but we cannot guarantee that we will be able to do so. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy submissions on http://www.regulations.gov.

    Peer Review

    In accordance with our policy published in the Federal Register on July 1, 1994 (59 FR 34270), and the OMB's Final Information Quality Bulletin for Peer Review, dated December 16, 2004, we are soliciting the expert opinions of at least three appropriate and independent specialists regarding the science in our proposed rule published on September 1, 2015 (80 FR 52717), and the associated draft post-delisting monitoring plan. The purpose of such review is to ensure that we base our decisions on scientifically sound data, assumptions, and analyses. We are sending peer reviewers copies of the proposed rule and the draft post-delisting monitoring plan. We are inviting peer reviewers to comment, during this reopened public comment period, on the specific assumptions and conclusions regarding the proposed delisting and draft post-delisting monitoring plan. We will summarize the opinions of these reviewers in the final decision documents, and we will consider their input and any additional information we receive as part of our process of making a final decision on the proposal and the draft post-delisting monitoring plan. Such communication may lead to a final decision that differs from the proposal.

    Dated: February 17, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service.
    [FR Doc. 2016-04095 Filed 2-25-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 32 and 36 [Docket No. FWS-R7-NWRS-2014-0005; FF07R06000 167 FXRS12610700000] RIN 1018-BA31 Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Proposed rule; extension of comment period and rescheduled public open house and hearing.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), are extending the comment period for our January 8, 2016, proposed rule to amend our regulations for National Wildlife Refuges (refuges) in Alaska. This action ensures that the public has an additional opportunity to comment on the proposed rule. We are also rescheduling the Kodiak open house and public hearing to March 2, 2016.

    DATES:

    Comment submission: Submit your comments on the proposed rule on or before April 7, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the closing date.

    Public meetings: The rescheduled open house and public hearing in Kodiak will be held on March 2, 2016; the open house will be held from 4:00 p.m. to 5:00 p.m., and the public hearing will be held from 5:30 p.m. to 7:30 p.m.

    ADDRESSES:

    Document availability: You may obtain copies of the proposed rule and associated draft environmental assessment at http://www.regulations.gov at Docket No. FWS-R7-NWRS-2014-0005.

    Comment submission: You may submit comments on the proposed rule by any one of the following methods:

    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R7-NWRS-2014-0005, which is the docket number for this rulemaking. Then click on the Search button. On the resulting page, you may submit a comment by clicking on “Comment Now!”

    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R7-NWRS-2014-0005; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    (3) At open houses or public hearings: Written comments will be accepted by Service personnel at any of the nine scheduled open houses or public hearings. Public testimony will be recorded and submitted for the record at only the public hearings via a court reporter.

    We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us.

    Public meetings: The rescheduled open house and public hearing will be held at the Kodiak National Wildlife Refuge Visitor Center, 402 Center Ave., Kodiak, Alaska; 907-487-2600. For the dates and times of the other open houses and public hearings, see our Federal Register document announcing these open houses and public hearings (81 FR 886; January 8, 2016).

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448.

    SUPPLEMENTARY INFORMATION:

    On January 8, 2016, we published a proposed rule (81 FR 887) to clarify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; to prohibit several particularly effective methods and means for take of predators; and to update our public participation and closure procedures. The proposed rule would not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations.

    We received multiple requests from several entities, including the Alaska Congressional Delegation and the Governor of Alaska, to extend the comment period on the proposed rule. In order to provide all interested parties an additional opportunity to review and comment on our proposed rule, we are extending the comment period on the proposed rule for an additional 30 days, until April 7, 2016.

    If you previously submitted comments or information on the proposed rule, please do not resubmit them. We have incorporated them into the public record, and we will fully consider them in our final rulemaking. Our final determination concerning the proposed rulemaking will take into consideration all written comments and any additional information we receive.

    You may submit your comments and any associated materials concerning the proposed rule by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES.

    If you submit information via http://www.regulations.gov, your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov.

    Authority

    The authority for this action is 5 U.S.C. 301; 16 U.S.C. 460k et seq., 664, 668dd-668ee, 715i, and 3101 et seq.

    Dated: February 19, 2016. Michael J. Bean, Deputy Assistant Secretary, Fish and Wildlife and Parks.
    [FR Doc. 2016-04133 Filed 2-25-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 150623546-6098-01] RIN 0648-BF18 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Reef Fish, Spiny Lobster, Queen Conch, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes to implement measures described in Amendment 7 to the Fishery Management Plan (FMP) for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (USVI) (Reef Fish FMP), Amendment 6 to the FMP for the Spiny Lobster Fishery of Puerto Rico and the USVI (Spiny Lobster FMP), Amendment 5 to the FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the USVI (Coral FMP), and Amendment 4 to the FMP for the Queen Conch Resources of Puerto Rico and the USVI (Queen Conch FMP), as prepared by the Caribbean Fishery Management Council (Council). In combination, these amendments represent the Application of Accountability Measures (AM) Amendment (AM Application Amendment). If implemented, the AM Application Amendment would resolve an existing inconsistency between language in the FMPs and the regulations implementing the application of AMs in the U.S. Caribbean exclusive economic zone (EEZ). The purpose of the AM Application Amendment is to ensure the authorizing FMPs are consistent with the regulations governing AMs in the Caribbean EEZ. Additionally, this proposed rule would clarify the AM closure provisions, the application of the spiny lobster ACL in the Puerto Rico management area of the Caribbean EEZ, and the minimum size limit for queen conch in the Caribbean EEZ.

    DATES:

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

    ADDRESSES:

    You may submit comments on the proposed rule identified by “NOAA-NMFS-2015-0124” by any of the following methods:

    Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0124, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to María del Mar López, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

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

    Electronic copies of the AM Application Amendment, which includes an environmental assessment, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/index.html.

    FOR FURTHER INFORMATION CONTACT:

    María del Mar López, telephone: 727-824-5305; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Caribbean EEZ, the reef fish, spiny lobster, queen conch, and corals and reef associated plants and invertebrates fisheries are managed under their respective FMPs. The FMPs were prepared by the Council and are implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

    Background

    The final rule implementing Amendment 2 to the Queen Conch FMP and Amendment 5 to the Reef Fish FMP (2010 Caribbean Annual Catch Limit (ACL) Amendment) established ACLs and AMs for species/species groups that were at the time experiencing overfishing (i.e., parrotfish, snapper, grouper, queen conch) (76 FR 82404, December 30, 2011). The final rule implementing Amendment 3 to the Queen Conch FMP, Amendment 6 to the Reef Fish FMP, Amendment 5 to the Spiny Lobster FMP, and Amendment 3 to the Coral FMP (2011 Caribbean ACL Amendment) established ACLs and AMs for the remaining Council-managed species/species groups which were not undergoing overfishing at the time or for which the overfishing status was unknown (e.g., grunts, squirrelfish, jacks) (76 FR 82414, December 30, 2011). As described at § 622.12(a) for reef fish, spiny lobster, and corals and at § 622.491(b) for queen conch , the current AM regulations in the Caribbean EEZ require NMFS to shorten the length of the fishing season for a species/species group in the year following a determination that the applicable 3-year landings average exceeded the respective ACL, unless NMFS determines that the exceedance is due to enhanced data collection and monitoring efforts. The extent to which fishing seasons are shortened equates to the number of days necessary to remove the overage in pounds and to therefore constrain landings to the ACL. Pursuant to regulations at §§ 622.12(a) and 622.491(b), any such AM-based closures remain in effect only during the particular fishing year in which they are implemented. However, the AM closure language in the four authorizing FMPs states that any AM-based closure “will remain in effect until modified by the Council,” thereby carrying these closures over from year to year, unless or until the closures are revised by subsequent Council action.

    The AM Application Amendment would correct this inconsistency, between the authorizing FMPs and the regulatory language at §§ 622.12(a) and 622.491(b), by revising the applicable text within the four FMPs to be consistent with the language in the regulations. Specifically, the phrase in the four authorizing FMPs that states “The needed changes will remain in effect until modified by the Council,” which describes the duration of AMs, would be removed from the four FMPs. The result of this proposed change would be that under both the authorizing FMPs and AM-based closure regulatory language, any AM-based closure would only apply for the fishing year in which it was implemented. This approach is consistent with the intent of the Council and the regulations used by NMFS to apply AMs in the Caribbean EEZ. As this proposed change would only revise the language in the respective FMPs, no changes to the codified text would result from the AM Application Amendment.

    Additional Proposed Changes to Codified Text Not Part of the AM Application Amendment

    This proposed rule would also revise items in the codified text that are not part of the AM Application Amendment. Specifically, NMFS proposes to clarify the closure provisions when an ACL has been exceeded and an AM is implemented, based on the Council's intent as expressed in the 2010 and 2011 Caribbean ACL Amendments (76 FR 82404, December 30, 2011 and 76 FR 82414, December 30, 2011). NMFS also proposes to clarify the application of the spiny lobster ACL for the Puerto Rico management area of the EEZ to be consistent with the Council's intent expressed in the 2011 ACL Caribbean Amendment and to clarify minimum size requirements for queen conch.

    The 2010 and 2011 Caribbean ACL Amendments established AMs and ACLs and allocated those ACLs among three Caribbean island management areas, i.e., the Puerto Rico, St. Croix, and St. Thomas/St. John management areas of the EEZ, as specified in Appendix E to part 622, except for the ACLs for tilefish and aquarium trade species, which are for the Caribbean EEZ as a whole. The ACLs for species/species groups in the Puerto Rico management area, except for spiny lobster, are further allocated between the commercial and recreational sectors, and AMs apply to each of these sectors separately. Through this rule, NMFS proposes to clarify that the spiny lobster ACL for the Puerto Rico management area is applied as a single ACL for both the commercial and recreational sectors, consistent with the intent of the Council in the 2011 Caribbean ACL Amendment (76 FR 82414, December 30, 2011). The current regulations, as described in § 622.12(a)(1)(i)(R), specify only a commercial ACL for spiny lobster in the Puerto Rico management area. No recreational ACL is specified for spiny lobster in Puerto Rico. The intent of the Council in the 2011 Caribbean ACL Amendment was to manage the spiny lobster commercial and recreational sectors for the Puerto Rico management area under the same ACL, derived from commercial landings. The Council intended that this single ACL would be the AM trigger for both sectors for spiny lobster in the Puerto Rico management area. NMFS proposes to add paragraph § 622.12(a)(1)(iii) to the regulatory text to specify that the spiny lobster ACL applies to both sectors in the Puerto Rico management area. The actual ACL value would not change through this proposed rule.

    The ACLs for species/species groups in the St. Croix and St. Thomas/St. John management areas are not allocated between sectors, and if AMs are triggered they are applied to both the commercial and recreational sector.

    If an AM is triggered by an ACL being exceeded based on the 3-year landings average, and NMFS determines that the exceedance was not due to enhanced data collection and monitoring efforts, NMFS files a notification with the Office of the Federal Register to reduce the length of the following fishing season for the applicable species or species groups that year by the amount necessary, to ensure landings do not again exceed the applicable ACL. The current regulations do not specifically state what restrictions on fishing occur during such a closure.

    NMFS proposes to add § 622.12(b) to the regulatory text to specify that, if AMs are triggered as a result of an ACL overage and NMFS reduces the length of the fishing season for a species or species group, certain closure provisions would apply to species with Caribbean-wide ACLs, Caribbean reef fish species, and Caribbean spiny lobster.

    For Caribbean reef fish species in the Puerto Rico management area, § 622.12(b)(1)(i) through (iii) would be added to specify what restrictions apply during a commercial closure, recreational closure, or a closure of both sectors. In the event that the commercial fishing season is reduced for a species or species group due to a Puerto Rico commercial ACL overage, all harvest or possession of the indicated species or species group in or from the Puerto Rico management area would be limited to the bag and possession limits specified in § 622.437, and the sale or purchase of the indicated species or species group in or from the Puerto Rico management area would be prohibited during the closure. If the recreational fishing season is reduced for a species or species group due to a Puerto Rico recreational ACL overage, the bag and possession limits for the indicated species or species group would be zero during the closure. If both the commercial and recreational sectors for a species or species group in the Puerto Rico management area are closed, such species or species groups may not be harvested, possessed, purchased, or sold and the bag and possession limits for such species or species groups would be zero.

    For Caribbean reef fish species and spiny lobster in the St. Croix and St. Thomas/St. John island management areas, and species or species groups with Caribbean-wide ACLs, § 622.12(b)(2) would be added to specify that, if AMs are triggered as a result of an ACL overage and the fishing season is reduced for a species or species group, such species or species groups in or from the applicable management area of the Caribbean EEZ may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species in or from the applicable management area of the Caribbean EEZ would be zero.

    For Caribbean spiny lobster in the Puerto Rico management area, § 622.12(b)(1)(iv) would be added to clarify that, if the AM is triggered due to a spiny lobster ACL overage, the commercial and recreational fishing seasons are reduced. During such a closure, spiny lobster in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for spiny lobster in or from the Puerto Rico management area would be zero.

    Additionally, through this proposed rule, NMFS would revise § 622.492(a) to clarify the minimum size limit for a Caribbean queen conch. Currently, § 622.492(a) states that the minimum size limit is “9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, and 3/8 inch (9.5 cm) in lip width at its widest point.” However, this provision goes on to state that “A queen conch with a length of at least 9 inches (22.9 cm) or a lip width of at least 3/8 inch (9.5 mm) is not undersized.” The use of “and” in the first sentence and “or” in the second sentence of this provision has caused confusion among the public about whether both of these measurements are required to meet the minimum size limit for queen conch. Therefore, NMFS proposes to change the “and” to “or” in the first sentence and to remove the second sentence in paragraph (a) of § 622.492. The purpose of this change is to clarify that only one of the measurement descriptions must be met to fulfill the minimum size limit for Caribbean queen conch, consistent with the original intent of the Council in the Queen Conch FMP.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries has determined that this proposed rule is consistent with the U.S. Caribbean FMPs, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows:

    The purpose of this proposed rule is to revise the language within U.S. Caribbean FMPs to make it consistent with current regulations concerning the application of AMs. Because it would produce no regulatory changes, the action would have no economic impact on the estimated 1,037 to 1,185 small businesses in the finfish (NAICS code 114111) and shellfish (NAICS code 114112) fishing industries of the U.S. Caribbean.

    The rule would also include regulatory text to clarify the closure provisions for AMs, how the spiny lobster ACL is applied in the Puerto Rico management area, and the minimum size requirements for queen conch, all unrelated to the amendment. Because those clarifications would not affect current fishing practices, or change the manner in which fisheries in the Caribbean EEZ are regulated, they would not have an economic impact on the above-mentioned small businesses.

    Because this proposed rule, if implemented, would not have a significant direct adverse economic effect on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

    List of Subjects in 50 CFR Part 622

    Accountability measures, Caribbean, Fisheries, Fishing, Queen conch.

    Dated: February 22, 2016. Samuel D. Rauch III, Deputy Assistant for Regulatory Programs, National Marine Fisheries Service.

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

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

    16 U.S.C. 1801 et seq.

    2. In § 622.12, remove paragraph (a)(1)(i)(R) and add paragraphs (a)(1)(iii) and (b) to read as follows:
    § 622.12 Annual catch limits (ACLs) and accountability measures (AMs) for Caribbean island management areas/Caribbean EEZ.

    (a) * * *

    (1) * * *

    (iii) Spiny lobster. The following ACL applies to landings of spiny lobster throughout the Puerto Rico management area—327,920 lb (148,742 kg).

    (b) Closure provisions—(1) Restrictions applicable after a Puerto Rico closure. (i) Restrictions applicable after a Puerto Rico commercial closure, except for spiny lobster. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(i) of this section, the commercial sector for species or species groups included in the notification is closed and such species or species groups in or from the Puerto Rico management area may not be purchased or sold. Harvest or possession of such species or species groups in or from the Puerto Rico management area is limited to the recreational bag and possession limits unless the recreational sector for the species or species group is closed and the restrictions specified in paragraph (b)(1)(iii) apply.

    (ii) Restrictions applicable after a Puerto Rico recreational closure, except for spiny lobster. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(ii) of this section, the recreational sector for species or species groups included in the notification is closed and the recreational bag and possession limits for such species or species groups in or from the Puerto Rico management area are zero. If the seasons for both the commercial and recreational sectors for such species or species groups are closed, the restrictions specified in paragraph (b)(1)(iii) apply.

    (iii) Restrictions applicable when both Puerto Rico commercial and Puerto Rico recreational sectors are closed, except for spiny lobster. If the seasons for both the commercial and recreational sectors for a species or species group are closed, such species or species groups in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species or species groups in or from the Puerto Rico management area are zero.

    (iv) Restrictions applicable after a spiny lobster closure in Puerto Rico. During the closure period announced in the notification filed pursuant to paragraph (a)(1)(iii) of this section, both the commercial and recreational sectors are closed. Spiny lobster in or from the Puerto Rico management area may not be harvested, possessed, purchased, or sold, and the bag and possession limits for spiny lobster in or from the Puerto Rico management area are zero.

    (2) Restrictions applicable after a St. Croix, St. Thomas/St. John, or Caribbean EEZ closure. During the closure period announced in the notification filed pursuant to paragraph (a)(2), (3), or (4) of this section, such species or species groups in or from the applicable management area of the Caribbean EEZ may not be harvested, possessed, purchased, or sold, and the bag and possession limits for such species or species groups in or from the applicable management area of the Caribbean EEZ are zero.

    3. In § 622.492, paragraph (a) is revised to read as follows:
    § 622.492 Minimum size limit.

    (a) The minimum size limit for Caribbean queen conch is either 9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, or 3/8 inch (9.5 mm) in lip width at its widest point.

    [FR Doc. 2016-04094 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    81 38 Friday, February 26, 2016 Notices DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2016-0003] Codex Alimentarius Commission: Meeting of the Codex Committee on Food Labeling AGENCY:

    Office of the Deputy Under Secretary for Food Safety, USDA.

    ACTION:

    Notice of public meeting and request for comments.

    SUMMARY:

    The Office of the Deputy Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), are sponsoring a public meeting on April 13, 2016. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 43rd Session of the Codex Committee on Food Labeling in Foods (CCFL) of the Codex Alimentarius Commission (Codex), taking place in Ottawa, Canada May 9-13, 2016. The Deputy Under Secretary for Food Safety and the FDA recognize the importance of providing interested parties the opportunity to obtain background information on the 43rd Session of the CCFL and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Wednesday, April 13, 2016, from 1:00 p.m.-3:00 p.m.

    ADDRESSES:

    The public meeting will take place at the Food and Drug Administration (FDA), Harvey W. Wiley Federal Building, Center for Safety and Applied Nutrition (CFSAN), 5100 Paint Branch Parkway, Room 1A-003, College Park, MD 20740. Documents related to the 43rd Session of the CCFL will be accessible via the Internet at http://www.codexalimentarius.org/meetings-reports/en/.

    Felicia Billingslea, U.S. Delegate to the 43rd Session of the CCFL, invites U.S. parties to submit their comments electronically to the following email address: [email protected]

    Call-In-Number

    If you wish to participate in the public meeting for the 43rd Session of the CCFL by conference call. Please use the call-in-number below:

    Call-in-Number: 1-888-844-9904.

    The participant code will be posted on the Web page below: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/us-codex-alimentarius/public-meetings.

    Registration

    Attendees may register electronically to attend the public meeting by emailing [email protected] by April 11, 2016. The meeting will be held in a Federal building. Early registration is encouraged as it will expedite entry into the building and parking area. Attendees should bring photo identification and plan for adequate time to pass through security screening systems. If you require parking, please include the vehicle make and tag number when you register. Attendees not able to attend the meeting in-person, but wish to participate may do so by phone.

    For Further Information About the 43rd Session of the CCFL Contact: Office of Nutrition, Labeling, and Dietary Supplements, CFSAN/FDA, 5100 Paint Branch Parkway (HFS-800), College Park, MD 20740, Email: [email protected].

    FOR FURTHER INFORMATION ABOUT THE PUBLIC MEETING CONTACT: Barbara McNiff, U.S. Codex Office, 1400 Independence Avenue SW., Room 4861, Washington, DC 20250, Telephone: (202) 690-4719, Fax: (202) 720-3157, Email: [email protected]
    SUPPLEMENTARY INFORMATION: Background

    Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization and the World Health Organization. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure fair practices in the food trade.

    The CCFL is responsible for:

    (a) Drafting provisions on labeling applicable to all foods;

    (b) Considering, amending if necessary, and endorsing draft specific provisions on labeling prepared by the Codex Committee's drafting standards, codes of practice, and guidelines;

    (c) Studying specific labeling problems assigned to it by the Commission; and

    (d) Studying problems associated with the advertisement of food with particular reference to claims and misleading descriptions.

    The Committee is hosted by Canada.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 43rd Session of the CCFL will be discussed during the public meeting:

    • Matters referred to the Committee by the Codex Alimentarius Commission and by other Codex Subsidiary Bodies;

    • Consideration of labelling provisions in draft Codex standards;

    • Organic aquaculture (Proposed Draft Revision of the Guidelines for the Production, Processing, Labelling, and Marketing of Organically Produced Foods);

    • Date Marking (Proposed Draft Revision of the General Standard for the Labelling of Prepackaged Foods);

    • Labelling of non-retail containers (Discussion paper);

    • Issues related to Internet sales of food (Discussion Paper);

    • Proposal to revise the General Guidelines for the Use of the Term “Halal”; and

    • Other Business and Future Work.

    Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat before the meeting. Members of the public may access or request copies of these documents (see ADDRESSES).

    Public Meeting

    At the April 13, 2016, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Felicia Billingslea for the 43rd Session of the CCFL (see ADDRESSES). Written comments should state that they relate to activities of the 43rd Session of the CCFL.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.

    Email: [email protected]

    Fax: (202) 690-7442.

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done at Washington, DC, on February 22, 2016. Paulo Almeida, Acting U.S. Manager for Codex Alimentarius.
    [FR Doc. 2016-04106 Filed 2-25-16; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-848] Certain Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain stilbenic optical brightening agents (OBAs) from Taiwan. The period of review (POR) is May 1, 2014, through April 30, 2015. The review covers one producer/exporter of the subject merchandise, Teh Fong Ming International Co., Ltd. (TFM). We preliminarily find that TFM has sold subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective Date: February 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Catherine Cartsos or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1757, and (202) 482-1690, respectively.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise subject to the Order1 is OBAs and is currently classifiable under subheadings 3204.20.8000, 2933.69.6050, 2921.59.4000 and 2921.59.8090 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.2

    1See Certain Stilbenic Optical Brightening Agents From Taiwan: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order).

    2 A full description of the scope of the Order is contained in the memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Certain Stilbenic Optical Brightening Agents from Taiwan: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2014-2015” dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum).

    Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to TFM, the sole company in this review. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. 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 http://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 accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine that a weighted-average dumping margin of 6.19 percent exists for TFM for the period May 1, 2014, through April 30, 2015.

    Public Comment

    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit cases briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.3 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.4

    3See 19 CFR 351.309(d).

    4See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR 351.303 (for general filing requirements).

    Interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.5 Requests should contain (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

    5See 19 CFR 351.310(c).

    Assessment Rates

    Upon completion of the administrative review, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this review. For the final results, if we continue to rely on adverse facts available to establish TFM's weighted average dumping margin, we will instruct CBP to apply an ad valorem assessment rate of 6.19 percent to all entries of subject merchandise during the POR which were produced and/or exported by TFM.

    We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of OBAs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for TFM will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer of the merchandise for the most recently completed segment of this proceeding; (3) the cash deposit rate for all other manufacturers or exporters will continue to be 6.19 percent.6 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    6 The all-others rate established in the Order.

    Notification to Importers

    This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).

    Dated: February 19, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Discussion of the Methodology Use of Facts Otherwise Available A. Background B. Application of Facts Available With an Adverse Inference C. Selection and Corroboration of Information Used as Facts Available

    Recommendation

    [FR Doc. 2016-04200 Filed 2-25-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-475-828] Stainless Steel Butt-Weld Pipe Fittings From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 AGENCY:

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

    SUMMARY:

    For the preliminary results of administrative review of the antidumping duty order on stainless steel butt-weld pipe fittings from Italy, the Department of Commerce (the Department) preliminarily determines that sales of subject merchandise by Filmag Italia Spa (Filmag) were made at less than normal value during the period of review.1 The period of review is February 1, 2014, through January 31, 2015. Interested parties are invited to comment on these preliminary results.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015).

    DATES:

    Effective Date: February 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Edythe Artman or Brian Davis, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3931 or (202) 482-7924, respectively.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    For purposes of the order, the product covered is certain stainless steel butt-weld pipe fittings. Stainless steel butt-weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The product encompasses all grades of stainless steel and “commodity” and “specialty” fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel.

    The butt-weld fittings subject to the order is currently classifiable under subheading 7307.23.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for AD/CVD Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Butt-Weld Pipe Fittings from Italy; 2014-2015” (Preliminary Decision Memorandum), which is issued concurrent with and hereby adopted by 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 to ACCESS is available to registered users at http://access.trade.gov and is available 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 accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Tolling of Deadline

    As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this review is now February 22, 2016.2

    2See Memorandum to the file from Ron Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,” dated January 27, 2016.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price has been calculated in accordance with section 772 of the Act. Normal value has been calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

    Preliminary Results of Review

    We preliminarily determine that, for the period February 1, 2014, through January 31, 2015, the following dumping margin exists:

    Manufacturer/exporter Weighted-
  • average margin
  • (percent)
  • Filmag Italia Spa 35.86
    Disclosure and Public Comment

    The Department will disclose to parties to the proceeding any calculations performed in connection with these preliminary results of review within five days after the date of publication of this notice.3 Interested parties may submit case briefs to the Department in response to these preliminary results no later than 30 days after the publication of these preliminary results.4 Rebuttal briefs, the content of which is limited to the issues raised in the case briefs, must be filed within five days from the deadline date for the submission of case briefs.5

    3See 19 CFR 351.224(b)

    4See 19 CFR 351.309(c)(1)(ii).

    5See 19 CFR 351.309(d)(1) and (2).

    Parties who submit arguments in this proceeding are requested to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.6 Case and rebuttal briefs should be filed using ACCESS.7 Case and rebuttal briefs must be served on interested parties.8 Executive summaries should be limited to five pages total, including footnotes.

    6See 19 CFR 351.309(c)(2).

    7See generally 19 CFR 351.303.

    8See 19 CFR 351.303(f).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.9 Parties should confirm the date, time, and location of the hearing by telephone two days before the scheduled date.

    9See 19 CFR 351.310(d).

    The Department intends to publish the final results of this administrative review, including the results of its analysis of issues addressed in any case or rebuttal brief, no later than 120 days after publication of these preliminary results, unless extended.10

    10See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).

    Assessment Rates

    Upon completion of this administrative review, the Department shall determine, and Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries. If the respondent's weighted-average dumping margin is not zero or de minimis in the final results of this review, we will calculate importer- or customer-specific ad valorem assessment rates for the merchandise based on the ratio of the total amount of antidumping duties calculated for the examined sales made during the period of review to the total customs value of the sales used to calculate those duties in accordance with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties in accordance with 19 CFR 351.106(c)(2). If the respondent's weighted-average dumping margin is zero or de minimis in the final results of review, we will instruct CBP not to assess duties on any of its entries in accordance with the Final Modification for Reviews, i.e., “{w}here the weighted-average margin of dumping for the exporter is determined to be zero or de minimis, no antidumping duties will be assessed.” 11

    11See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for Reviews).

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Filmag will be that established in the final results of this administrative review; (2) for previously reviewed or investigated companies, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or in the investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent review period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be the all-others rate of 26.59 percent, the rate established in the investigation of this proceeding.12 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    12See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Butt-Weld Pipe Fittings from Italy, 65 FR 81830 (December 27, 2000).

    Notification to Importers

    This notice also serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: February 19, 2016. Ronald K. Lorentzen, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum 1. Background 2. Scope of the Order 3. Date of Sale 4. Comparisons to Normal Value A. Product Comparisons B. Determination of Comparison Method C. Export Price D. Normal Value 1. Home Market Viability 2. Level of Trade 3. Cost of Production 4. Calculation of Normal Value Based on Comparison Market Prices 5. Price-to-Constructed Value Comparison E. Currency Conversion 5. Recommendation
    [FR Doc. 2016-04198 Filed 2-25-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Caribbean Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Caribbean Fishery Management Council's (CFMC) Outreach and Education Advisory Panel (OEAP) will meet.

    DATES:

    The meeting will be held on April 13, 2016, from 10 a.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at CFMC Office, 270 Muñoz Rivera Avenue, Suite 401 San Juan, Puerto Rico 00918.

    FOR FURTHER INFORMATION CONTACT:

    Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918, telephone: (787) 766-5926.

    SUPPLEMENTARY INFORMATION:

    The OEAP will meet to discuss the items contained in the following agenda:

    —Call to Order —Adoption of Agenda —OEAP Members —OEAP Chairperson's Report: Hawaii Communications Meeting Timing closures Public Hearings —Status of: —Sustainable Seafood Campaign —Island-based FMPs —CFMC Report —2017 Calendar —USVI activities —PR Commercial Fisheries Project (PEPCO)—Helena Antoun —MREP-Caribbean: Helena Antoune —Fact Sheets/Infographics/small posters on: New lobster traps Octopus life cycle Forage fish Handling Fresh Tuna fish Essential Fish Habitats —Other Business

    The OEAP meeting will convene on April 13, 2016, from 10 a.m. until 5 p.m. The meeting is open to the public, and will be conducted in English. Fishers and other interested persons are invited to attend and participate with oral or written statements regarding agenda issues.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. For more information or request for sign language interpretation and/other auxiliary aids, please contact Mr. Miguel A. Rolón, Executive Director, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918, telephone (787) 766-5926, at least 5 days prior to the meeting date.

    Dated: February 23, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-04170 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Caribbean Fishery Management Council (CFMC); Public Meetings AGENCY:

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

    ACTION:

    Notice of Caribbean Fishery Management Council's Scientific and Statistical Committee (SSC), District Advisory Panels (DAPs) and one day Council Meeting.

    SUMMARY:

    The Caribbean Fishery Management Council's Scientific and Statistical Committee, the District Advisory Panels, and the Caribbean Council will hold a three-day meeting.

    DATES:

    The meetings will be held on March 15-17, 2016. See SUPPLEMENTARY INFORMATION for specific dates and times.

    ADDRESSES:

    The meetings will be held at the Verdanza Hotel, Tartak St. San Juan, Puerto Rico.

    FOR FURTHER INFORMATION CONTACT:

    Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico 00918-1903, telephone (787) 766-5926.

    SUPPLEMENTARY INFORMATION:

    The Caribbean Fishery Management Council's SSC, the District Advisory Panels, and the Caribbean Council will hold a three-day meeting to discuss the items contained in the following agenda:

    March 15-16, 2016 9 a.m.-5 p.m. Joint SSC-DAPs-CFMC —Call to Order —Adoption of Agenda —Dr. Richard Methot, NOAA Senior Scientist for Stock Assessment —Implementation of the Assessment Prioritization Process —Island Based Fishery Management —Review Goals and Objectives of the IBFMPs —Review Action 1: Species Selection —Action 2: Species Complexes—SERO Update —Recommendations to CFMC —Future Action 3: Reference Points —ABC Control Rule —SEDAR 46 U.S. Caribbean Data Limited Species Update—SEFSC March 17, 2016 9 a.m.-12 p.m. SSC Meeting —5 year CFMC Research Plan —Finalize 5-year Research Plan —Other Business DAPs Individual Meeting —Recommendations to the CFMC CFMC Individual Meeting —Review Goals and Objectives for the IBFMPs—Guidance to Staff —ABC Control Rule —Exempted Fishing Permit Application Submitted by Dept. of Natural and Environmental Resources, PR.

    The District Advisory Panels will meet individually on March 17, 2015, from 9 a.m. to 12 p.m., to discuss their reaction to the information received at the SSC Meeting, and to provide their recommendations to the CFMC. The Caribbean Fishery Management Council will meet on March 17, 2016, from 9 a.m. to 12 p.m., to discuss the information received from the SSC meeting, the ABC Control Rule, and to review an exempted permit application.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. For more information or request for sign language interpretation and other auxiliary aids, please contact Mr. Miguel A. Rolón, Executive Director, Caribbean Fishery Management Council, 270 Muñoz Rivera Avenue, Suite 401, San Juan, Puerto Rico, 00918-1903, telephone (787) 766-5926, at least 5 days prior to the meeting date.

    Dated: February 23, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-04167 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE464 Meeting of the Advisory Committee to the United States Delegation to the International Commission for the Conservation of Atlantic Tunas AGENCY:

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

    ACTION:

    Notice of Advisory Committee meeting.

    SUMMARY:

    The Advisory Committee (Committee) to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) announces its annual spring meeting to be held March 10-11, 2016.

    DATES:

    The open sessions of the Committee meeting will be held on March 10, 2016, 8:30 a.m. to 3:00 p.m.; and March 11, 2016, 9 a.m. to 12:15 p.m. Closed sessions will be held on March 10, 2016, 3:30 p.m. to 6 p.m., and on March 11, 2016, 8 a.m. to 9 a.m.

    ADDRESSES:

    The meeting will be held at the Hilton DoubleTree Hotel, 8727 Colesville Rd., Silver Spring, MD 20910. The phone number is (301) 589-5200.

    FOR FURTHER INFORMATION CONTACT:

    Rachel O'Malley at (301) 427-8373.

    SUPPLEMENTARY INFORMATION:

    The Advisory Committee to the U.S. Section to ICCAT will meet in open session to receive and discuss information on the 2015 ICCAT meeting results and U.S. implementation of ICCAT decisions; NMFS research and monitoring activities; global and domestic initiatives related to ICCAT; the Atlantic Tunas Convention Act-required consultation on any identification of countries that are diminishing the effectiveness of ICCAT; the results of the meetings of the Committee's Species Working Groups; and other matters relating to the international management of ICCAT species. The public will have access to the open sessions of the meeting, but there will be no opportunity for public comment. The agenda is available from the Committee's Executive Secretary upon request (see FOR FURTHER INFORMTION CONTACT).

    The Committee will meet in its Species Working Groups for part of the afternoon of March 10, 2016, and for one hour on the morning of March 11, 2016. These sessions are not open to the public, but the results of the species working group discussions will be reported to the full Advisory Committee during the Committee's open session on March 11, 2016.

    Special Accommodations

    The meeting location is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Rachel O'Malley at (301) 427-8373 at least 5 days prior to the meeting date.

    Dated: February 22, 2016. John Henderschedt, Director, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service.
    [FR Doc. 2016-04206 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Herring Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Tuesday, March 15, 2016 at 10 a.m.

    ADDRESSES:

    The meeting will be held at the DoubleTree by Hilton, 50 Ferncroft Road, Danvers, MA 01950; phone: (978) 777-2500; fax: (978) 750-7911.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION: Agenda

    The Advisory Panel plans to review/discuss herring coverage target alternatives in the IFM Amendment. The panel will also review/discuss economic and biological impacts of herring coverage target alternatives. They will also develop recommendations to the Herring Committee for preliminary preferred alternatives for the herring fishery in the IFM Amendment. The panel will receive a brief update on Amendment 8 to the Herring FMP. Other business will be discussed as necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: February 23, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-04171 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Addition And Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Addition to and Deletions from the Procurement List.

    SUMMARY:

    This action adds a product to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities, and deletes products and a service from the Procurement List previously furnished by such agencies.

    DATES:

    Effective Date: 3/27/2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Briscoe, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected].

    SUPPLEMENTARY INFORMATION: Addition

    On 12/18/2015 (80 FR 79031-79032), 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 product and impact of the addition on the current or most recent contractors, the Committee has determined that the product listed below is suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will furnish the product to the Government.

    2. The action will result in authorizing small entities to furnish the product 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 product proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following product is added to the Procurement List:

    Product NSN—Product Name: 5180-00-596-1501—Pipefitter's Tool Kit Mandatory Source of Supply: Industries for the Blind, Inc., West Allis, WI Mandatory for: U.S. Army Contracting Activity: U.S. Army Tank and Automotive Command, Warren, MI Distribution: C-List Deletions

    On 1/15/2016 (81 FR 2198-2199) and 2/5/2016 (81 FR 6241), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed deletions from the Procurement List.

    After consideration of the relevant matter presented, the Committee has determined that the products and service listed below are no longer 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 additional reporting, recordkeeping or other compliance requirements for small entities.

    2. The action may result in authorizing small entities to furnish the products and 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 products and service deleted from the Procurement List.

    End of Certification

    Accordingly, the following products and service are deleted from the Procurement List:

    Products NSNs—Product Names: 7195-01-567-9528—Bulletin Bar, Cork, Map Rail, 36″ x 1″, Aluminum Frame 7195-01-567-9529—Bulletin Board, Cork, Map Rail, 48″ x 1″, Aluminum Frame 7195-01-567-9530—Bulletin Bar, Cork, Map Rail, 24″ x 1″, Aluminum Frame Mandatory Source of Supply: The Lighthouse for the Blind, Inc. (Seattle Lighthouse), Seattle, WA Contracting Activities: Department of Veterans Affairs, NAC, Hines, IL; General Services Administration, FSS Household and Industrial Furniture, Arlington, VA NSNs—Product Names: 7105-00-260-1390—Mirror, Glass, 113/8 x 133/8 7105-00-264-5997—Mirror, Glass, 20 x 60′ Mandatory Source of Supply: UNKNOWN Contracting Activity: General Services Administration, Fort Worth, TX NSNs—Product Names: 8415-00-NSH-1276—Gortex, Women's Shell Trousers—Small/Short 8415-00-NSH-1277—Gortex, Women's Shell Trousers—Small/Long 8415-00-NSH-1278—Gortex, Women's Shell Trousers -Medium/Short 8415-00-NSH-1279—Gortex, Women's Shell Trousers—Medium/Long 8415-00-NSH-1280—Gortex, Women's Shell Trousers—Large/Short 8415-00-NSH-1281—Gortex, Women's Shell Trousers—Large/Long 8415-00-NSH-1282—Gortex, Women's Shell Trousers—Xlarge/Short 8415-00-NSH-1283—Gortex, Women's Shell Trousers—Xlarge/Long 8415-00-NSH-0591—Trousers, MPS, Navy, Women's, Sage Green, XSR 8415-00-NSH-0592—Trousers, MPS, Navy, Women's, Sage Green, SR 8415-00-NSH-0593—Trousers, MPS, Navy, Women's, Sage Green, MR 8415-00-NSH-0594—Trousers, MPS, Navy, Women's, Sage Green, LR 8415-00-NSH-0595—Trousers, MPS, Navy, Women's, Sage Green, XLR 8415-00-NSH-0994—Trousers, Shell Outer Layer, MPS, Navy, Women's, Black, X Small Short 8415-00-NSH-0995—Trousers, Shell Outer Layer, MPS, Navy, Women's, Black, X Small Long 8415-00-NSH-0547—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, XSR 8415-00-NSH-0548—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, SR 8415-00-NSH-0549—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, MR 8415-00-NSH-0550—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, ML 8415-00-NSH-0551—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, LR 8415-00-NSH-0552—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, LL 8415-00-NSH-0553—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, XLR 8415-00-NSH-0554—Gortex Shell Jacket, MPS, Army, Men's, Sage Green, XLL 8415-00-NSH-0877—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, X Small Short 8415-00-NSH-0878—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, X Small Long 8415-00-NSH-0879—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, Small Short 8415-00-NSH-0880—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, Small Long 8415-00-NSH-0881—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, Medium Short 8415-00-NSH-0882—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, Large Short 8415-00-NSH-0883—Gortex Shell Jacket, MPS, Navy, Men's, Sage Green, X Large Short 8415-00-NSH-0555—Gortex Shell Jacket, MPS, Army, Women's, Sage Green, XSR 8415-00-NSH-0556—Gortex Shell Jacket, MPS, Army, Women's, Sage Green, SR 8415-00-NSH-0557—Gortex Shell Jacket, MPS, Army, Women's, Sage Green, MR 8415-00-NSH-0558—Gortex Shell Jacket, MPS, Army, Women's, Sage Green, LR 8415-00-NSH-0559—Gortex Shell Jacket, MPS, Army, Women's, Sage Green, XLR 8415-00-NSH-0884—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, X Small Short 8415-00-NSH-0885—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, X Small Long 8415-00-NSH-0886—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Small Short 8415-00-NSH-0887—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Small Long 8415-00-NSH-0888—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Medium Short 8415-00-NSH-0889—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Medium Long 8415-00-NSH-0890—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Large Short 8415-00-NSH-0891—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, Large Long 8415-00-NSH-0892—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, X Large Short 8415-00-NSH-0893—Gortex Shell Jacket, MPS, Navy, Women's, Sage Green, X Large Long 8415-00-NSH-0583—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, XSR 8415-00-NSH-0584—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, SR 8415-00-NSH-0585—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, MR 8415-00-NSH-0586—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, ML 8415-00-NSH-0587—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, LR 8415-00-NSH-0588—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, LL 8415-00-NSH-0589—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, XLR 8415-00-NSH-0590—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, XLL 8415-00-NSH-0596—Gortex Shell Trousers, MPS, Navy, Men's, Sage Green, LS 8415-00-NSH-0991—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, X Small Short 8415-00-NSH-0992—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, X Small Long 8415-00-NSH-0993—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, Small Short 8415-00-NSH-0996—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, Small Long 8415-00-NSH-0997—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, Medium Short 8415-00-NSH-0998—Gortex Shell Trousers, Shell Outer Layer, MPS, Navy, Men's, Black, X Large Short Mandatory Sources of Supply: Group Home Foundation, Inc., Belfast, ME; Peckham Vocational Industries, Inc., Lansing, MI Contracting Activities: Naval Air Systems Command, Patuxent River, MD; Army Contracting Command—Aberdeen Proving Ground, Natick Contracting Division, Natick, MA Service Service Type: Parts Sorting Service Mandatory for: Oklahoma City Air Logistics Center, Bldg 3, Suite 20, Tinker AFB, OK Mandatory Source of Supply: NewView Oklahoma, Inc., Oklahoma City, OK Contracting Activity: Dept of the Air Force, FA7014 AFDW PK, Andrews AFB, MD Patricia Briscoe, Deputy Director, Business Operations, (Pricing and Information Management).
    [FR Doc. 2016-04175 Filed 2-25-16; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed Additions to and Deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add products to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products previously furnished by such agencies.

    Comments Must Be Received on or Before: 3/27/2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    For Further Information or To Submit Comments Contact: Patricia Briscoe, 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.

    Additions

    If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the products listed below from nonprofit agencies employing persons who are blind or have other severe disabilities.

    The following products are proposed for addition to the Procurement List for production by the nonprofit agencies listed:

    Products NSN—Product Name: MR 10659—Container Set, Soup and Salad, includes Shipper 20659 Mandatory Source of Supply: Winston-Salem Industries for the Blind, Inc., Winston-Salem, NC NSN—Product Name: MR 849—Whisk, Wire Looped Mandatory Source of Supply: Cincinnati Association for the Blind, Cincinnati, OH NSN—Product Name: MR 753—Pillow, Jumbo Mandatory Source of Supply: Georgia Industries for the Blind, Bainbridge, GA NSN—Product Name: MR 1188—MR Towel Set, Christmas, includes Shipper 11188 Mandatory Source of Supply: Alphapointe, Kansas City, MO Mandatory for: The requirements of military commissaries and exchanges in accordance with the Code of Federal Regulations, Chapter 51, 51-6.4. Contracting Activity: Defense Commissary Agency, Fort Lee, VA Distribution: C-List Deletions

    The following products are proposed for deletion from the Procurement List:

    Products NSNs—Product Names MR 523—Candle, Air Freshening, Potpourri MR 524—Candle, Air Freshening, Dewdrop MR 525—Candle, Air Freshening, Rose MR 526—Candle, Air Freshening, Mulberry MR 528—Candle, Air Freshening, Wildflower MR 529—Candle with Glass Holder MR 531—Candle, Air Freshening, Peach Mandatory Source of Supply: South Texas Lighthouse for the Blind, Corpus Christi, TX MR 808—Spoon, Basting, SS Trim MR 811—Fork, Serving, SS Trim MR 824—Mandolin Slicer MR 987—Towel, Super Absorbent, Orange, 20″ x 23″, 3 Pack Mandatory Source of Supply: Industries for the Blind, Inc., West Allis, WI MR 1049—Amazing Mop, Microfiber, 16″ MR 1059—Refill, Amazing Mop, Microfiber, 16″ Mandatory Source of Supply: Alphapointe, Kansas City, MO MR 3209—Ouchless Latex Elastic, Goody Hair Care Products Mandatory Source of Supply: Association for Vision Rehabilitation and Employment, Inc., Binghamton, NY Contracting Activity: Defense Commissary Agency, Fort Lee, VA NSNs—Product Names 6515-01-466-2710—Combat Arms Ear Plug, Dual Ended, Universal Size 6515-00-SAM-0016—Combat Arms Ear Plug, Dual Ended Mandatory Source of Supply: Access: Supports for Living Inc., Middletown, NY Contracting Activity: Defense Logistics Agency Troop Support, Philadelphia, PA Patricia Briscoe, Deputy Director, Business Operations, (Pricing and Information Management).
    [FR Doc. 2016-04174 Filed 2-25-16; 8:45 am] BILLING CODE 6353-01-P
    DEPARTMENT OF DEFENSE Department of the Army Advisory Committee on Arlington National Cemetery; Request for Nominations AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice; request for nominations.

    SUMMARY:

    The Advisory Committee on Arlington National Cemetery is an independent Federal advisory committee chartered to provide the Secretary of Defense, through the Secretary of the Army, independent advice and recommendations on Arlington National Cemetery, including, but not limited to cemetery administration, the erection of memorials at the cemetery, and master planning for the cemetery. The Secretary of the Army may act on the Committee's advice and recommendations. The Committee is comprised of no more than nine (9) members. Subject to the approval of the Secretary of Defense, the Secretary of the Army appoints no more than seven (7) of these members. The purpose of this notice is to solicit nominations from a wide range of highly qualified persons to be considered for appointment to the Committee. Nominees may be appointed as members of the Committee and its sub-committees for terms of service ranging from one to four years. This notice solicits nominations to fill Committee membership vacancies that may occur through July 20, 2016. Nominees must be preeminent authorities in their respective fields of interest or expertise.

    DATES:

    All nominations must be received at (see ADDRESSES) no later than April 30, 2016.

    ADDRESSES:

    Interested persons may submit a resume for consideration by the Department of the Army to the Committee's Designated Federal Officer at the following address: Advisory Committee on Arlington National Cemetery, ATTN: Designated Federal Officer (DFO) (Ms. Yates), Arlington National Cemetery, Arlington, VA 22211.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Renea C. Yates, Designated Federal Officer, by email at [email protected] or by telephone 877-907-8585.

    SUPPLEMENTARY INFORMATION:

    The Advisory Committee on Arlington National Cemetery was established pursuant to Title 10, United States Code, Section 4723. The selection, service and appointment of members of the Committee are covered by the Committee Charter, available on the Arlington National Cemetery Web site http://www.arlingtoncemtery.mil/AboutUs/Charter.aspx. The substance of these provisions of the Charter is as follows:

    a. Selection. The Committee Charter provides that the Committee shall be comprised of no more than nine members, all of whom are preeminent authorities in their respective fields of interest or expertise. Of these, no more than seven members are nominated by the Secretary of the Army.

    By direction of the Secretary of the Army, all resumes submitted in response to this notice will be presented to and reviewed by a panel of three senior Army leaders. Potential nominees shall be prioritized after review and consideration of their resumes for: Demonstrated technical/professional expertise; preeminence in a field(s) of interest or expertise; potential contribution to membership balance in terms of the points of view represented and the functions to be performed; potential organizational and financial conflicts of interest; commitment to our Nation's veterans and their families; and published points of view relevant to the objectives of the Committee. The panel will provide the DFO with a prioritized list of potential nominees for consideration by the Executive Director, Army National Military Cemeteries, in making an initial recommendation to the Secretary of the Army. The Executive Director, Army National Military Cemeteries; the Secretary of the Army; and the Secretary of Defense are not limited or bound by the recommendations of the Army senior leader panel. Sources in addition to this Federal Register notice may be utilized in the solicitation and selection of nominations.

    b. Service. The Secretary of Defense may approve the appointment of a Committee member for a one-to-four year term of service; however, no member, unless authorized by the Secretary of Defense, may serve on the Committee or authorized subcommittee for more than two consecutive terms of service. The Secretary of the Army shall designate the Committee Chair from the total Advisory Committee membership. The Committee meets at the call of the DFO, in consultation with the Committee Chair. It is estimated that the Committee meets four times per year.

    c. Appointment. The operations of the Committee and the appointment of members are subject to the Federal Advisory Committee Act (Pub. L. 92-463, as amended) and departmental implementing regulations, including Department of Defense Instruction 5105.04, Department of Defense Federal Advisory Committee Management Program, available at http://www.dtic.mil/whs/directives/corres/pdf/510504p.pdf. Appointed members who are not full-time or permanent part-time Federal officers or employees shall be appointed as experts and consultants under the authority of Title 5, United States Code, Section 3109 and shall serve as special government employees. Committee members appointed as special government employees shall serve without compensation except that travel and per diem expenses associated with official Committee activities are reimbursable.

    Additional information about the Committee is available on the Internet at: http://www.arlingtoncemetery.mil/About/Advisory-Committee-on-Arlington-National-Cemetery/Charter.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-04182 Filed 2-25-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [Docket No. DARS-2016-0005] Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding With the Ministry of Defense of Estonia AGENCY:

    Department of Defense (DoD).

    ACTION:

    Notice.

    SUMMARY:

    On behalf of the U.S. Government, DoD is contemplating negotiating and concluding a Reciprocal Defense Procurement (RDP) Memorandum of Understanding (MOU) with the Ministry of Defense of Estonia. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Estonian Ministry of Defense or Armed Forces.

    DATES:

    Submit written comments to the address shown below on or before March 28, 2016.

    ADDRESSES:

    Submit comments to Defense Procurement and Acquisition Policy, Attn: Lt. Col. Judy Anderson, 3060 Defense Pentagon, Room 5E621, Washington, DC 20301-3060; or by email to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Lt. Col. Judy Anderson, Senior Analyst, Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (OUSD(AT&L)), Defense Procurement and Acquisition Policy, Contract Policy and International Contracting; Room 5E621, 3060 Defense Pentagon, Washington, DC 20301-3060; telephone (703) 695-7197.

    SUPPLEMENTARY INFORMATION:

    DoD has concluded Reciprocal Defense Procurement (RDP) Memorandums of Understanding (MOUs) with 23 “qualifying countries” at the level of the Secretary of Defense and his counterpart. The purpose of an RDP MOU is to promote rationalization, standardization, and interoperability of conventional defense equipment with allies and other friendly governments. These MOUs provide a framework for ongoing communication regarding market access and procurement matters that enhance effective defense cooperation.

    RDP MOUs generally include language by which the Parties agree that their defense procurements will be conducted in accordance with certain implementing procedures. These procedures relate to—

    • Publication of notices of proposed purchases;

    • The content and availability of solicitations for proposed purchases;

    • Notification to each unsuccessful offeror;

    • Feedback, upon request, to unsuccessful offerors concerning the reasons they were not allowed to participate in a procurement or were not awarded a contract; and

    • Provision for the hearing and review of complaints arising in connection with any phase of the procurement process to ensure that, to the extent possible, complaints are equitably and expeditiously resolved.

    Based on the MOU, each country affords the other country certain benefits on a reciprocal basis consistent with national laws and regulations. The benefits that the United States accords to the products of qualifying countries include—

    • Offers of qualifying country end products are evaluated without applying the price differentials otherwise required by the Buy American statute and the Balance of Payments Program;

    • The chemical warfare protection clothing restrictions in 10 U.S.C. 2533a, and the specialty metals restriction in 10 U.S.C. 2533b(a)(1) do not apply to products manufactured in a qualifying country; and

    • Customs, taxes, and duties are waived for qualifying country end products and components of defense procurements.

    If DoD (for the United States Government) concludes an RDP MOU with the Ministry of Defense of Estonia, then Estonia would be listed as one of the “qualifying countries” in the definition of “qualifying country” at DFARS 225.003, and offers of products of Estonia or that contain components from Estonia would be afforded the benefits available to all qualifying countries. This also means that U.S. products would be exempt from any analogous “Buy Estonia” and “Buy European Union” laws or policies applicable to procurements by the Estonia Ministry of Defense or Armed Forces.

    While DoD is evaluating Estonia's laws and regulations in this area, DoD would benefit from U.S. industry's experience in participating in Estonia's public defense procurements. DoD is, therefore, asking U.S. firms that have participated or attempted to participate in procurements by or on behalf of Estonia's Ministry of Defense or Armed Forces to let us know if the procurements were conducted with transparency, integrity, fairness, and due process in accordance with published procedures, and if not, the nature of the problems encountered.

    DoD is also interested in comments relating to the degree of reciprocity that exists between the United States and Estonia when it comes to the openness of defense procurements to offers of products from the other country.

    Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.
    [FR Doc. 2016-04186 Filed 2-25-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Inland Waterways Users Board Meeting Notice AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of open Federal advisory committee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at http://www.iwr.usace.army.mil/Missions/Navigation/InlandWaterwaysUsersBoard.aspx.

    DATES:

    The Army Corps of Engineers, Inland Waterways Users Board will meet from 9:00 a.m. to 1:00 p.m. on April 1, 2016. Public registration will begin at 8:15 a.m.

    ADDRESSES:

    The Board meeting will be conducted at the Hotel Monaco—Pittsburgh, 620 William Penn Place, Pittsburgh, PA 15219, at 412-471-1170, reservations at 855-338-3837, http://www.monaco-pittsburgh.com.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mark R. Pointon, the Designated Federal Officer (DFO) for the committee, in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR-GM, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315-3868; by telephone at 703-428-6438; and by email at [email protected] Alternatively, contact Mr. Kenneth E. Lichtman, the Alternate Designated Federal Officer (ADFO), in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR-GW, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315-3868; by telephone at 703-428-8083; and by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The committee meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (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.

    Purpose of the Meeting: The Board is chartered to provide independent advice and recommendations to the Secretary of the Army on construction and rehabilitation project investments on the commercial navigation features of the inland waterways system of the United States. At this meeting, the Board will receive briefings and presentations regarding the investments, projects and status of the inland waterways system of the United States and conduct discussions and deliberations on those matters. The Board is interested in written and verbal comments from the public relevant to these purposes.

    Proposed Agenda: At this meeting the agenda will include the status of funding for inland navigation projects and studies in FY 2016 and budgeted in FY 2017, the status of the Inland Waterways Trust Fund, the status of the Olmsted Locks and Dam Project and the Locks and Dams 2, 3, and 4 Monongahela River Project, status of the Inland Marine Transportation System (IMTS) Capital Investment Strategy (CIS), follow up to the Lock Performance Monitoring System (LPMS) reporting modifications and reporting navigation notices to maritime interests, and discussion of the Board's 2015 Annual Report.

    Availability of Materials for the Meeting: A copy of the agenda or any updates to the agenda for the April 1, 2016 meeting. The final version will be provided at the meeting. All materials will be posted to the Web site after the meeting.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.1 65, 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 at 8:15 a.m. on the day of the meeting. 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 at registration. 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, as set forth below.

    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 Mr. Pointon, the committee DFO, or Mr. Lichtman, the ADFO, at the email addresses or telephone numbers 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 Board about its mission and/or the topics to be addressed in this public meeting. Written comments or statements should be submitted to Mr. Pointon, the committee DFO, or Mr. Lichtman, the committee ADFO, via electronic mail, the preferred mode of submission, at the addresses 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 or ADFO at least five (5) business days prior to the meeting so that they may be made available to the Board for its consideration prior to the meeting. Written comments or statements received after this date may not be provided to the Board until its next meeting. Please note that because the Board 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 Board 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 business (3) days in advance to the committee DFO or ADFO, via electronic mail, the preferred mode of submission, at the addresses listed in the FOR FURTHER INFORMATION CONTACT section. The committee DFO and ADFO 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 Board's mission and/or the topics to be addressed in this public meeting. A 15-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 above, will be allotted no more than three (3) minutes during this period, and will be invited to speak in the order in which their requests were received by the DFO and ADFO.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-04181 Filed 2-25-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Training and Information for Parents of Children With Disabilities—Parent Training and Information Centers AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Notice.

    SUMMARY: Overview Information

    Training and Information for Parents of Children with Disabilities—Parent Training and Information Centers Notice inviting applications for new awards for fiscal year (FY) 2016.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.328M.

    DATES:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 11, 2016.

    Deadline for Intergovernmental Review: June 10, 2016.

    SUPPLEMENTARY INFORMATION: Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The purpose of this program is to ensure that parents of children with disabilities receive training and information to help improve results for their children.

    Priority: This competition has one absolute priority. In accordance with 34 CFR 75.105(b)(2)(iv) and (v), this priority is from allowable activities specified in the statute, or otherwise authorized in the statute (see sections 671 and 681(d) of the Individuals with Disabilities Education Act (IDEA)).

    Absolute Priority: For FY 2016 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Parent Training and Information Centers.

    Background

    The purpose of this priority is to fund one regional Pacific Parent Training and Information Center (PTI) designed to meet the information and training needs of parents of infants, toddlers, children, and youth with disabilities, ages birth through 26 (collectively, “children with disabilities”), and the information and training needs of youth with disabilities, living in American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. The 2015 notice inviting applications for new awards for CFDA 84.328M included the Pacific region. However, we received no applications for the Pacific region PTI. The fiscal year 2015 funding was used to supplement the PTI in Hawaii to provide services in the Pacific and help build the organizational capacity of eligible Pacific entities to respond to this notice.

    More than 35 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by strengthening the ability of parents to participate fully in the education of their children at school and at home (see section 601(c)(5)(B) of IDEA). PTIs help parents set high expectations for their children with disabilities and provide parents with the information and training they need to help their children meet those expectations. The following Web site provides further information on the work of currently funded PTIs: www.parentcenterhub.org.

    Consistent with section 671(b) of IDEA, PTIs help families: (a) Navigate systems that provide early intervention, special education, general education, postsecondary options, and related services; (b) understand the nature of their children's disabilities; (c) learn about their rights and responsibilities under IDEA; (d) expand their knowledge of evidence-based (as defined in this notice) education practices to help their children succeed; (e) strengthen their collaboration with professionals; (f) locate resources available for themselves and their children, which connects them to their local communities; and (g) advocate for improved student achievement, increased graduation rates, and improved postsecondary outcomes for all children through participation in school reform activities. In addition, PTIs have helped youth with disabilities have high expectations for themselves, understand their rights and responsibilities, and learn self-advocacy skills. PTIs have also partnered with Federal, State, and local agencies, providing expertise on how to better support families and youth with disabilities as they access IDEA services.

    The PTI to be funded through this priority will build on the program's history by helping youth become effective self-advocates and by providing parents with information, individual assistance, and training to enable them to: (a) Ensure that their children are included in general education classrooms and extracurricular activities with their peers; (b) help their children meet developmental and academic goals; (c) help their children meet challenging expectations established for all children, including college- and career-ready academic standards; and (d) prepare their children to achieve positive postsecondary outcomes that lead to lives that are as productive and independent as possible.

    Priority

    The Department intends to fund one grant to establish and operate one PTI to serve the Pacific region. Based on the quality of applications received, the Department intends to fund this PTI to serve the following outlying areas in the Pacific: American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands and the freely associated States as authorized in section 610 of IDEA: The Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. For purposes of this notice, the covered jurisdictions will be referred to as “States.”

    At a minimum, the PTI must: (a) Increase parents' 1 capacity to help their children with disabilities 2 improve their early learning, school-aged, and postsecondary outcomes; and (b) increase youth with disabilities' capacity to be effective self-advocates.

    1 Section 602(23) of IDEA defines “parent” to include natural, adoptive, and foster parents; guardians; individuals acting in the place of natural or adoptive parents, and individuals assigned to be surrogate parents.

    2 The term “disabilities” refers to the full range of disabilities described in section 602(3) of IDEA.

    To be considered for funding under this priority, an applicant must meet the application, programmatic, and administrative requirements of this priority. Applicants must—

    (a) Demonstrate, in the narrative section of the application under “Significance of the Project,” how the proposed project will, within the area served by the center—

    (1) Address the needs of parents of children with disabilities for high-quality services that increase parents' capacity to help their children with disabilities improve their early learning, school-aged, and postsecondary outcomes. To meet this requirement, the applicant must—

    (i) Present appropriate information on the needs of parents, including underserved parents, low-income parents, parents with limited English proficiency, parents of incarcerated youth with disabilities, and parents with disabilities;

    (ii) Demonstrate knowledge of best practices in providing training and information to a variety of audiences, including underserved parents, low-income parents, parents with limited English proficiency, parents of incarcerated youth with disabilities, and parents with disabilities;

    (iii) Demonstrate knowledge of best practices in outreach and family-centered services;

    (iv) Demonstrate knowledge of current evidence-based education practices and policy initiatives to improve outcomes in early intervention and early childhood, general and special education, transition services, and postsecondary options; and

    (v) Demonstrate knowledge of how to identify and work with appropriate partners in the Pacific, including local providers and lead agencies providing Part C services under IDEA; State and local educational agencies; State child welfare agencies; disability-specific systems and entities serving families, such as the State's protection and advocacy system; and other nonprofits serving families in order to improve outcomes; and

    (2) Address the needs of youth with disabilities for high-quality services that increase their capacity to be effective self-advocates. To meet this requirement, the applicant must—

    (i) Present appropriate information on the needs of youth with disabilities, including underserved youth, incarcerated youth, youth in foster care, and youth with limited English proficiency;

    (ii) Demonstrate knowledge of best practices in providing training and information to youth with disabilities;

    (iii) Demonstrate knowledge of current evidence-based education practices and policy initiatives in self-advocacy; and

    (iv) Demonstrate knowledge of how to work with appropriate partners serving youth with disabilities, including State and local agencies, other nonprofits, and Independent Living Centers that are providing assistance such as postsecondary education options, employment training, and supports.

    (b) Demonstrate, in the narrative section of the application, under “Quality of the Project Services,” how the proposed project will—

    (1) Use a project logic model (see paragraph (f)(1) of this priority) to guide the development of project plans and activities within the area served by the center;

    (2) Develop and implement an outreach plan to inform parents of children with disabilities of how they can benefit from the services provided by the PTI, including—

    (i) Parents of children who may be inappropriately identified as having a disability;

    (ii) Underserved parents, including parents who are underserved based on race or ethnicity;

    (iii) Parents with limited English proficiency;

    (iv) Low-income parents; and

    (v) Parents with disabilities;

    (3) Develop and implement an outreach plan to inform youth with disabilities of how they can benefit from the services provided by the PTI;

    (4) Provide high-quality services that increase parents' capacity to help their children with disabilities improve their early learning, school-aged, and postsecondary outcomes. To meet this requirement, the applicant must include information as to how the services will—

    (i) Increase parents' knowledge of—

    (A) The nature of their children's disabilities, including their children's strengths and academic, behavioral, and developmental challenges;

    (B) The importance of having high expectations for their children and how to help them meet those expectations;

    (C) The local, State, and Federal resources available to assist them and their children and local resources that strengthen their connection to their communities;

    (D) IDEA, Federal IDEA regulations, and State implementation of IDEA, including—

    (1) Their rights and responsibilities under IDEA, including procedural safeguards and dispute resolution;

    (2) Their role on Individualized Family Service Plan (IFSP) and Individualized Education Program (IEP) Teams and how to effectively participate on IFSP and IEP Teams; and

    (3) How services are provided under IDEA;

    (E) Other relevant educational and health care legislation, including the Elementary and Secondary Education Act of 1965, as amended (ESEA); section 504 of the Rehabilitation Act of 1973, as amended (section 504); and the Americans with Disabilities Act of 1990 (ADA);

    (F) Transition services at all levels, including: Part C early intervention to Part B preschool, preschool to elementary school, elementary school to secondary school, secondary school to postsecondary education and workforce options, and re-entry of incarcerated youth to school and the community;

    (G) How their children can have access to the general education curriculum, including access to college- and career-ready academic standards and assessments, extracurricular and enrichment opportunities available to all children, and other initiatives to make students college- and career-ready;

    (H) How their children can have access to inclusive early learning programs, inclusive general education classrooms and settings, and extracurricular and enrichment opportunities available to all children;

    (I) Evidence-based early intervention and education practices that improve early learning, school-aged, and postsecondary outcomes;

    (J) School reform efforts to improve student achievement and increase graduation rates; and

    (K) The use of data to inform instruction and advance school reform efforts;

    (ii) Increase parents' capacity to—

    (A) Effectively support their children with disabilities and participate in their children's education;

    (B) Communicate effectively and work collaboratively in partnership with early intervention service providers, school-based personnel, related services personnel, and administrators;

    (C) Resolve disputes effectively; and

    (D) Participate in school reform activities to improve outcomes for children;

    (5) Provide high-quality services that increase youth with disabilities' capacity to be effective self-advocates. To meet this requirement, the applicant must include information as to how the services will—

    (i) Increase the knowledge of youth with disabilities about—

    (A) The nature of their disabilities, including their strengths and of their academic, behavioral, and developmental challenges;

    (B) The importance of having high expectations for themselves and how to meet those expectations;

    (C) The resources available to support their success in secondary and postsecondary education and employment and full participation in their communities;

    (D) IDEA, section 504, ADA, and other legislation and policies that affect people with disabilities;

    (E) Their rights and responsibilities while receiving services under IDEA and after transitioning to post-school programs, services, and employment;

    (F) How they can participate on IEP Teams; and

    (G) Supported decisionmaking necessary to transition to adult life; and

    (ii) Increase the capacity of youth with disabilities to advocate for themselves, including communicating effectively and working in partnership with providers;

    (6) Use various methods to deliver services, including in-person and remotely through the use of technology;

    (7) Use best practices to provide training and information to adult learners and youth;

    (8) Establish cooperative partnerships with any Community Parent Resource Centers under section 672 of IDEA; and

    (9) Network with local, State, and national organizations and agencies, such as the Part C State Interagency Coordination Council, the Part B State Advisory Panel, and protection and advocacy agencies that serve parents and families of children with disabilities, to better support families and children with disabilities to effectively and efficiently access IDEA services.

    (c) Demonstrate, in the narrative section of the application, under “Quality of the Evaluation Plan,” how—

    (1) The applicant will evaluate how well the goals or objectives of the proposed project, as described in its logic model, have been met by undertaking a formative evaluation and a summative evaluation, including a description of how the applicant will measure the outcomes proposed in the logic model (see paragraph (f)(1) of this priority). The description must include—

    (i) Proposed evaluation methodologies, including proposed instruments, data collection methods, and analyses; and

    (ii) Proposed criteria for determining if the project has reached and served youth with disabilities and parents, including underserved parents of children with disabilities; and

    (2) The proposed project will use the evaluation results to examine its implementation and its progress toward achieving intended outcomes.

    (d) Demonstrate, in the narrative section of the application under “Adequacy of Project Resources,” how—

    (1) The proposed personnel, consultants, and contractors have the qualifications and experience to carry out the proposed activities and achieve the intended outcomes identified in the project logic model (see paragraph (f)(1) of this priority);

    (2) The applicant will encourage applications for employment from persons who are members of groups that have historically been underrepresented based on race, color, national origin, linguistic diversity, gender, age, or disability, as appropriate; and

    (3) The applicant and key partners have adequate resources to carry out the proposed activities.

    (e) Demonstrate, in the narrative section of the application under “Quality of the Management Plan,” how—

    (1) The proposed management plan will ensure that the intended outcomes identified in the project logic model (see paragraph (f)(1) of this priority) will be achieved on time and within budget;

    (2) The time of key personnel, consultants, and contractors will be sufficiently allocated to the project;

    (3) The proposed management plan will ensure that the services provided are of high quality;

    (4) The board of directors will be used to provide appropriate oversight to the project;

    (5) The proposed project benefits from a diversity of perspectives, including those of parents, providers, and administrators in the area to be served by the center;

    (6) The proposed project will ensure that the Annual Performance Reports submitted to the Department will—

    (i) Be accurate and timely;

    (ii) Include information on the projects' outputs and outcomes; and

    (iii) Include, at a minimum, the number and demographics of parents and youth to whom the PTI provided information and training, the parents' and youth's unique needs, and the levels of service provided to them; and

    (7) The project management and staff will—

    (i) Make use of the technical assistance (TA) and products provided by the Center on Parent Information and Resources, Regional Parent Technical Assistance Centers (PTACs), Native American PTAC, Military PTAC, and other TA centers funded by the Office of Special Education Programs (OSEP), as appropriate, in order to serve parents of children with disabilities and youth with disabilities as effectively as possible;

    (ii) Participate in developing individualized TA plans with the Regional PTAC as appropriate; and

    (iii) Facilitate one site visit from the Regional PTAC during the grant cycle.

    (f) In the narrative or appendices as directed, the applicant must—

    (1) Include, in Appendix A, a logic model that depicts, at a minimum, the goals, activities, outputs, and intended outcomes of the proposed project. A logic model 3 communicates how a project will achieve its intended outcomes and provides a framework for both the formative and summative evaluations of the project;

    3 The following Web sites provide more information on logic models: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.osepideasthatwork.org/logicModel/index.asp.

    (2) Include, in Appendix A, person-loading charts and timelines, as applicable, to illustrate the management plan described in the narrative;

    (3) Include, in the budget, attendance by the project director at one OSEP meeting in Washington DC annually, to be determined by OSEP; and

    Note:

    Within 30 days of receipt of the award, a post-award teleconference must be held between the OSEP project officer and the grantee's project director and other authorized representatives.

    (4) Include a statement in the narrative about how the project will maintain a Web site that meets government or industry-recognized standards for accessibility and that includes, at a minimum, a current calendar of upcoming events, free informational publications for families, and links to Webinars or other online multimedia resources.

    Definitions

    For the purposes of this priority:

    Evidence-based means supported by strong theory.

    Strong theory means a rationale for the proposed process, product, strategy, or practice that includes a logic model.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 681(d) of IDEA, however, makes the public comment requirements of the APA inapplicable to the priority in this notice.

    Program Authority:

    20 U.S.C. 1471 and 1481.

    Applicable Regulations: (a) The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474.

    Note:

    The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education only.

    II. Award Information

    Type of Award: Discretionary grant.

    Estimated Available Funds: $200,000.

    Contingent on the availability of funds and the quality of applications, we may make additional awards in FY 2017 from the list of unfunded applications from this competition.

    Maximum Award: We will reject any application that proposes a budget exceeding $200,000 for a single budget period of 12 months.

    Estimated Number of Awards: 1.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 36 months.

    III. Eligibility Information

    1. Eligible Applicants: Parent organizations.

    Note:

    Section 671(a)(2) of IDEA defines a “parent organization” as a private nonprofit organization (other than an institution of higher education) that—

    (a) Has a board of directors—

    (1) The majority of whom are parents of children with disabilities ages birth through 26;

    (2) That includes—

    (i) Individuals working in the fields of special education, related services, and early intervention; and

    (ii) Individuals with disabilities; and

    (3) The parent and professional members of which are broadly representative of the population to be served, including low-income parents and parents of limited English proficient children; and

    (b) Has as its mission serving families of children with disabilities who are ages birth through 26, and have the full range of disabilities described in section 602(3) of IDEA.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Eligible Subgrantees: (a) Under 34 CFR 75.708(b) and (c) a grantee may award subgrants—to directly carry out project activities described in its application—to the following types of entities: Nonprofit organizations.

    (b) The grantee may award subgrants to entities it has identified in an approved application.

    4. Other General Requirements: (a) Recipients of funding under this program must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

    (b) Each applicant for, and recipient of, funding under this program must involve individuals with disabilities, or parents of individuals with disabilities ages birth through 26, in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA).

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet, from the Education Publications Center (ED Pubs), or from the program office.

    To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from ED Pubs, write, fax, or call: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application package from ED Pubs, be sure to identify this competition as follows: CFDA number 84.328M.

    To obtain a copy from the program office, contact: Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington DC 20202-5076. Telephone: (202) 245-6595. If you use a TDD or TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to no more than 50 pages, using the following standards:

    • A “page” is 8.5″ × 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, reference citations, and captions, as well as all text in charts, tables, figures, graphs, and screen shots.

    • Use a font that is 12 point or larger.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit and double-spacing requirements do not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the abstract (follow the guidance provided in the application package for completing the abstract), the table of contents, the list of priority requirements, the resumes, the reference list, the letters of support, or the appendices. However, the page limit and double-spacing requirements do apply to all of Part III, the application narrative, including all text in charts, tables, figures, graphs, and screen shots.

    We will reject your application if you exceed the page limit in the application narrative section.

    3. Submission Dates and Times:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 11, 2016.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: June 10, 2016.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications

    Applications for grants under the Parent Training and Information Centers competition, CFDA number 84.328M, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Parent Training and Information Centers competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.328, not 84.328M).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the project narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because--

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington, DC 20202-5076. FAX: (202) 245-7590.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.328M), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    We will not consider applications postmarked after the application deadline date.

    c. Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.328M), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 75.210 and are listed in the application package.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Additional Review and Selection Process Factors: In the past, the Department has had difficulty finding peer reviewers for certain competitions because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The standing panel requirements under section 682(b) of IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications. However, if the Department decides to select an equal number of applications in each group for funding, this may result in different cut-off points for fundable applications in each group.

    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition, the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: Under the Government Performance and Results Act of 1993 (GPRA), the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Training and Information for Parents of Children with Disabilities program. The measures focus on the extent to which projects provide high-quality products and services, the relevance of project products and services to educational and early intervention policy and practice, and the use of products and services to improve educational and early intervention policy and practice. Projects funded under this competition are required to submit data on these measures as directed by OSEP.

    Grantees will be required to report information on their project's performance in annual and final performance reports to the Department (34 CFR 75.590).

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-6595.

    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue SW., Room 5037, Potomac Center Plaza, Washington, DC 20202-2550. Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: February 23, 2016. Michael K. Yudin, Assistant Secretary for Special Education and Rehabilitative Services.
    [FR Doc. 2016-04254 Filed 2-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Alaska Native and Native Hawaiian-Serving Institutions Program AGENCY:

    Office of Postsecondary Education, Department of Education.

    ACTION:

    Notice.

    Overview Information:

    Alaska Native and Native Hawaiian-Serving Institutions (ANNH) Program.

    Notice inviting applications for new awards for fiscal year (FY) 2016.

    Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.031R and 84.031V.

    Dates:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 26, 2016.

    Deadline for Intergovernmental Review: June 27, 2016.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of Program: The ANNH Program provides grants to eligible institutions of higher education (IHEs) that have an undergraduate enrollment of at least 20 percent Alaska Native or 10 percent Native Hawaiian students to allow such institutions to plan, develop, undertake, and carry out activities to improve and expand their capacity to serve Alaska Native and Native Hawaiians. Examples of authorized activities for the ANNH Program are in section 317(c) of the Higher Education Act of 1965, as amended (HEA).

    Priorities: This notice contains one absolute priority, two competitive preference priorities, and one invitational priority. The absolute priority is from the Department's notice of final supplemental priorities and definitions for discretionary grant programs (Supplemental Priorities), published in the Federal Register on December 10, 2014 (79 FR 73425). In accordance with 34 CFR 75.105(b)(2)(ii), the competitive preference priorities are from 34 CFR 75.226.

    Absolute Priority: For FY 2016 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Supporting High-Need Students.

    (a) Projects that are designed to improve:

    (i) Academic outcomes;

    (ii) Learning environments; or

    (iii) Both,

    (b) For one or more of the following groups of students:

    (i) High-need students.

    (ii) Students with disabilities.

    (iii) English learners.

    (iv) Disconnected youth or migrant youth.

    (v) Low-skilled adults.

    Competitive Preference Priorities: For FY 2016 and any subsequent year in which we make awards from the list of unfunded applications from this competition, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i), we award one additional point to an application that meets Competitive Preference Priority 1 and three additional points to an application that meets Competitive Preference Priority 2. Applicants may address only one of the competitive preference priorities and must clearly indicate in their application which competitive preference priority they are addressing. Applicants that apply under Competitive Preference Priority 2, but whose applications do not meet the moderate evidence of effectiveness standard, may still be considered under Competitive Preference Priority 1 to determine whether their applications meet the evidence of promise standard.

    In assessing the relevance of the research cited to the proposed project, the Secretary will consider, among other factors, the portion of the requested funds that will be dedicated to the evidence-based strategies or activities.

    These priorities are:

    Competitive Preference Priority 1 (One additional point) Applications supported by evidence of effectiveness that meets the conditions set out in the definition of “evidence of promise.”

    Competitive Preference Priority 2 (Three additional points) Applications supported by evidence of effectiveness that meets the conditions set out in the definition of “moderate evidence of effectiveness.”

    Invitational Priority: For FY 2016 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an invitational priority. Under 34 CFR 75.105(c)(1), we do not give an application that meets this invitational priority a competitive or absolute preference over other applications.

    This priority is:

    Projects that support activities that strengthen Native language preservation and revitalization.

    Definitions: The following definitions are from 34 CFR 77.1 and the Supplemental Priorities.

    Disconnected youth means low-income individuals, ages 14-24, who are homeless, are in foster care, are involved in the justice system, or are not working or not enrolled in (or at risk of dropping out of) an educational institution.

    Evidence of promise means there is empirical evidence to support the theoretical linkage(s) between at least one critical component and at least one relevant outcome presented in the logic model for the proposed process, product, strategy, or practice. Specifically, evidence of promise means the conditions in both paragraphs (i) and (ii) of this definition are met:

    (i) There is at least one study that is a—

    (A) Correlational study with statistical controls for selection bias;

    (B) Quasi-experimental design study that meets the What Works Clearinghouse Evidence Standards with reservations; or

    (C) Randomized controlled trial that meets the What Works Clearinghouse Evidence Standards with or without reservations.

    (ii) The study referenced in paragraph (i) of this definition found a statistically significant or substantively important (defined as a difference of 0.25 standard deviations or larger) favorable association between at least one critical component and one relevant outcome presented in the logic model for the proposed process, product, strategy, or practice.

    High-minority school means a school as that term is defined by a local educational agency (LEA), which must define the term in a manner consistent with its State's Teacher Equity Plan, as required by section 1111(b)(8)(C) of the Elementary and Secondary Education Act of 1965, as amended. The applicant must provide the definition(s) of high-minority schools used in its application.

    High-need students means students who are at risk of educational failure or otherwise in need of special assistance and support, such as students who are living in poverty, who attend high-minority schools, who are far below grade level, who have left school before receiving a regular high school diploma, who are at risk of not graduating with a diploma on time, who are homeless, who are in foster care, who have been incarcerated, who have disabilities, or who are English learners.

    Large sample means an analytic sample of 350 or more students (or other single analysis units), or 50 or more groups (such as classrooms or schools) that contain 10 or more students (or other single analysis units).

    Logic model (also referred to as theory of action) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally.

    Low-skilled adult means an adult with low literacy and numeracy skills.

    Moderate evidence of effectiveness means one of the following conditions is met:

    (i) There is at least one study of the effectiveness of the process, product, strategy, or practice being proposed that meets the What Works Clearinghouse Evidence Standards without reservations, found a statistically significant favorable impact on a relevant outcome (with no statistically significant and overriding unfavorable impacts on that outcome for relevant populations in the study or in other studies of the intervention reviewed by and reported on by the What Works Clearinghouse), and includes a sample that overlaps with the populations or settings proposed to receive the process, product, strategy, or practice.

    (ii) There is at least one study of the effectiveness of the process, product, strategy, or practice being proposed that meets the What Works Clearinghouse Evidence Standards with reservations, found a statistically significant favorable impact on a relevant outcome (with no statistically significant and overriding unfavorable impacts on that outcome for relevant populations in the study or in other studies of the intervention reviewed by and reported on by the What Works Clearinghouse), includes a sample that overlaps with the populations or settings proposed to receive the process, product, strategy, or practice, and includes a large sample and a multi-site sample. Note: Multiple studies can cumulatively meet the large and multi-site sample requirements as long as each study meets the other requirements in this paragraph.

    Multi-site sample means more than one site, where site can be defined as an LEA, locality, or State.

    Quasi-experimental design study means a study using a design that attempts to approximate an experimental design by identifying a comparison group that is similar to the treatment group in important respects. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards with reservations (but not What Works Clearinghouse Evidence Standards without reservations).

    Randomized controlled trial means a study that employs random assignment of, for example, students, teachers, classrooms, schools, or districts to receive the intervention being evaluated (the treatment group) or not to receive the intervention (the control group). The estimated effectiveness of the intervention is the difference between the average outcome for the treatment group and for the control group. These studies, depending on design and implementation, can meet What Works Clearinghouse Evidence Standards without reservations.

    Regular high school diploma means the standard high school diploma that is awarded to students in the State and that is fully aligned with the State's academic content standards or a higher diploma and does not include a General Education Development (GED) credential, certificate of attendance, or any alternative award.

    Relevant outcome means the student outcome(s) (or the ultimate outcome if not related to students) the proposed process, product, strategy, or practice is designed to improve; consistent with the specific goals of a program.

    State means any of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

    What Works Clearinghouse Evidence Standards means the standards set forth in the What Works Clearinghouse Procedures and Standards Handbook (Version 3.0, March 2014), which can be found at the following link: http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19.

    Program Authority: 20 U.S.C. 1059d.

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474. (d) The Supplemental Priorities.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $3,588,546.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2017 from the list of unfunded applications from this competition.

    Estimated Range of Awards: $400,000-$500,000.

    Estimated Average Size of Awards: $450,000 per year.

    Maximum Award: $500,000 per year.

    We will reject any application that proposes a budget exceeding $500,000 for a single budget period of 12 months.

    Estimated Number of Awards: 7-8.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 60 months.

    III. Eligibility Information

    1. Eligible Applicants: (a) An IHE is eligible to receive funds under the ANNH Program if it qualifies as an Alaska Native or Native Hawaiian-Serving Institution. At the time of application, an Alaska Native-Serving Institution must have an enrollment of undergraduate students that is at least 20 percent Alaska Native (34 CFR 607.2(e)); and a Native Hawaiian-Serving Institution must have an enrollment of undergraduate students that is at least 10 percent Native Hawaiian (34 CFR 607.2(f)).

    At the time of submission of their applications, applicants must certify their total undergraduate headcount enrollment and that either 20 percent of the IHE's enrollment is Alaska Native or 10 percent is Native Hawaiian. An assurance form, which is included in the application materials for this competition, must be signed by an official for the applicant and submitted.

    To qualify as an eligible institution under the ANNH Program, an institution must also be—

    (i) Accredited or preaccredited by a nationally recognized accrediting agency or association that the Secretary has determined to be a reliable authority as to the quality of education or training offered;

    (ii) Legally authorized by the State in which it is located to be a junior college or to provide an educational program for which it awards a bachelor's degree; and

    (iii) Designated as an “eligible institution” by demonstrating that it: (1) Has an enrollment of needy students as described in 34 CFR 607.3; and (2) has low average educational and general expenditures per full-time equivalent (FTE) undergraduate student, as described in 34 CFR 607.4.

    Note:

    The notice announcing the FY 2016 process for designation of eligible institutions, and inviting applications for waiver of eligibility requirements, was published in the Federal Register on November 19, 2015 (80 FR 72422). Only institutions that the Department determines are eligible, or are granted a waiver, may apply for a grant in this program.

    2. a. Cost Sharing or Matching: This program does not require cost sharing or matching.

    b. Supplement-Not-Supplant: This program involves supplement-not-supplant funding requirements.

    IV. Application and Submission Information

    1. Address to Request Application Package: Robyn Wood or Don Crews, Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue SW., Room 7E311, Washington, DC 20202. You may contact these individuals at the following email addresses or telephone numbers:

    [email protected]; (202) 502-7437 [email protected]; (202) 502-7574

    If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    You can obtain an application via the Internet using the following address: www.Grants.gov.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting one of the program contact people listed in this section.

    2. Content and Form of Application Submission:

    Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program.

    Page Limit: The application narrative is where you, the applicant, address the selection criteria, the absolute priority, the competitive preference priorities, and the invitational priority that reviewers use to evaluate your application. We have established mandatory page limits. You must limit the section of the application narrative that addresses:

    • The selection criteria to no more than 50 pages.

    • The absolute priority to no more than three pages.

    • A competitive preference priority, to no more than three pages, if you address one.

    • The invitational priority to no more than two pages, if you address it.

    Accordingly, under no circumstances may the application narrative exceed 58 pages. Include a separate heading for each priority that you address.

    For the purpose of determining compliance with the page limits, each page on which there are words will be counted as one full page. Applicants must use the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. Page numbers and an identifier may be within the 1″ margins.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, except titles, headings, footnotes, quotations, references, and captions and all text in charts, tables, figures, and graphs. These items may be single-spaced. Charts, tables, figures, and graphs in the application narrative count toward the page limits.

    • Use a font that is either 12 point or larger, or no smaller than 10 pitch (characters per inch). However, you may use a 10-point font in charts, tables, figures, graphs, footnotes, and endnotes.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit does not apply to the Application for Federal Assistance (SF 424); the Supplemental Information for SF 424 Form; the Budget Information Summary Form (ED Form 524) and Budget Narrative; and the assurances and certifications. The page limit also does not apply to the table of contents, the one-page abstract, the resumes, the bibliography, the letters of support, program profile, or the studies. If you include any attachments or appendices, these items will be counted as part of the application narrative for purposes of the page-limit requirement. You must include your complete response to the selection criteria and priorities in the application narrative.

    We will reject your application if you exceed the page limits.

    3. Submission Dates and Times:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 26, 2016.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact one of the program contact persons listed under For Further Information Contact in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: June 27, 2016.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program.

    5. Funding Restrictions: We reference the regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Alaska Native-Serving Institutions Program (CFDA number 84.031N) and the Native Hawaiian-Serving Institutions Program (CFDA number 84.031W) must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the ANNH Program at www.Grants.gov. You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.031, not 84.031R or 84.031V).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the project narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact one of the program contact people listed under For Further Information Contact in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Robyn Wood, Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue SW., Room 7E311, Washington, DC 20202. Fax: (202) 205-0063.

    Your paper application must be submitted in accordance with the mail or hand-delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031R or 84.031V), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    We will not consider applications postmarked after the application deadline date.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.031R or 84.031V), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 607.22(a) through (g). We will award up to 100 points to an application under the selection criteria; the total possible points for each criterion are noted in parentheses.

    a. Quality of the applicant's comprehensive development plan. (Maximum 25 points). The extent to which—

    1. The strengths, weaknesses, and significant problems of the institution's academic programs, institutional management, and fiscal stability are clearly and comprehensively analyzed and result from a process that involved major constituencies of the institution;

    2. The goals for the institution's academic programs, institutional management, and fiscal stability are realistic and based on comprehensive analysis;

    3. The objectives stated in the plan are measurable, related to institutional goals, and, if achieved, will contribute to the growth and self-sufficiency of the institution; and

    4. The plan clearly and comprehensively describes the methods and resources the institution will use to institutionalize practice and improvements developed under the proposed project, including, in particular, how operational costs for personnel, maintenance, and upgrades of equipment will be paid with institutional resources.

    b. Quality of activity objectives. (Maximum 15 points). The extent to which the objectives for each activity are—

    1. Realistic and defined in terms of measurable results; and

    2. Directly related to the problems to be solved and to the goals of the comprehensive development plan.

    c. Quality of implementation strategy. (Maximum 20 points). The extent to which—

    1. The implementation strategy for each activity is comprehensive;

    2. The rationale for the implementation strategy for each activity is clearly described and is supported by the results of relevant studies or projects; and

    3. The timetable for each activity is realistic and likely to be attained.

    d. Quality of key personnel. (Maximum 7 points). The extent to which—

    1. The past experience and training of key professional personnel are directly related to the stated activity objectives; and

    2. The time commitment of key personnel is realistic.

    e. Quality of project management plan. (Maximum 10 points). The extent to which—

    1. Procedures for managing the project are likely to ensure efficient and effective project implementation; and

    2. The project coordinator and activity directors have sufficient authority to conduct the project effectively, including access to the president or chief executive officer.

    f. Quality of evaluation plan. (Maximum 15 points). The extent to which—

    1. The data elements and the data collection procedures are clearly described and appropriate to measure the attainment of activity objectives and to measure the success of the project in achieving the goals of the comprehensive development plan; and

    2. The data analysis procedures are clearly described and are likely to produce formative and summative results on attaining activity objectives and measuring the success of the project on achieving the goals of the comprehensive development plan.

    g. Budget. (Maximum 8 points). The extent to which the proposed costs are necessary and reasonable in relation to the project's objectives and scope.

    2. Review and Selection Process: Awards will be made in rank order according to the average score received from a panel of three readers.

    We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Tie-breaker for Development Grants. To resolve ties in the reader scores of applications for grants, the Department will award one additional point to an application from an IHE that has an endowment fund for which the current market value, per Full Time Equivalent (FTE) enrolled student, is less than the average current market value of the endowment funds, per FTE enrolled student at comparable institutions that offer similar instruction. In addition, to resolve ties in the reader scores of applications for grants, the Department will award one additional point to an application from an IHE that has expenditures for library materials per FTE enrolled student that are less than the average expenditures for library materials per FTE enrolled student at comparable institutions that offer similar instruction. We also will add one additional point to an application from an IHE that proposes to carry out one or more of the following activities—

    (a) Faculty development;

    (b) Funds and administrative management;

    (c) Development and improvement of academic programs;

    (d) Acquisition of equipment for use in strengthening management and academic programs;

    (e) Joint use of facilities; and

    (f) Student services.

    For the purpose of these funding considerations, we will use the most recent complete data available (e.g., for FY 2016, we will use 2013-2014 data).

    If a tie remains after applying the tie-breaker mechanism above, priority will be given to applicants that have the lowest endowment values per FTE enrolled student.

    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: The Secretary has established the following key performance measures for assessing the effectiveness of the ANNH Program:

    (a) The percentage change, over the five-year period, of the number of full-time degree-seeking undergraduates enrolled at ANNHs. Note that this is a long-term measure, which will be used to periodically gauge performance;

    (b) The percentage of first-time, full-time degree-seeking undergraduate students at four-year ANNHs who were in their first year of postsecondary enrollment in the previous year and are enrolled in the current year at the same ANNH;

    (c) The percentage of first-time, full-time degree-seeking undergraduate students at two-year ANNHs who were in their first year of postsecondary enrollment in the previous year and are enrolled in the current year at the same ANNH;

    (d) The percentage of first-time, full-time degree-seeking undergraduate students enrolled at four-year ANNHs who graduate within six years of enrollment; and

    (e) The percentage of first-time, full-time degree-seeking undergraduate students enrolled at two-year ANNHs who graduate within three years of enrollment.

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contacts

    For Further Information Contact: Robyn Wood or Don Crews, Office of Postsecondary Education, U.S. Department of Education, 400 Mary1and Avenue SW., Room 7E311, Washington, DC 20202. You may contact these individuals at the following email addresses or telephone numbers:

    [email protected]; (202) 502-7437 [email protected]; (202) 502-7574 If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339. VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact persons listed under For Further Information Contact in this notice.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: February 23, 2016. Lynn B. Mahaffie, Deputy Assistant Secretary for Policy, Planning, and Innovation, Delegated the duties of the Assistant Secretary for Postsecondary Education.
    [FR Doc. 2016-04226 Filed 2-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Training and Information for Parents of Children With Disabilities—Community Parent Resource Centers AGENCY:

    Office of Special Education and Rehabilitative Services, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    Overview Information: Training and Information for Parents of Children with Disabilities—Community Parent Resource Centers Notice inviting applications for new awards for fiscal year (FY) 2016.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.328C.

    DATES:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 11, 2016.

    Deadline for Intergovernmental Review: June 10, 2016.

    Full Text of Announcement

    SUPPLEMENTARY INFORMATION: I. Funding Opportunity Description

    Purpose of Program: The purpose of this program is to ensure that parents of children with disabilities receive training and information to help improve results for their children.

    Priority: In accordance with 34 CFR 75.105(b)(2)(iv) and (v), this priority is from allowable activities specified in the statute, or otherwise authorized in the statute (see sections 671 and 681(d) of the Individuals with Disabilities Education Act (IDEA)).

    Absolute Priority: For FY 2016 and any subsequent year in which we make awards from the list of unfunded applications from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority.

    This priority is:

    Community Parent Resource Centers.

    Background: The purpose of this priority is to fund 30 Community Parent Resource Centers (CPRCs) designed to meet the specific needs of parents of children with disabilities, and youth with disabilities, who experience significant isolation from available sources of information and support in the geographically defined communities served by the centers. These parents can include, for example, low-income parents, parents with limited English proficiency, and parents with disabilities. Youth can include, for example, youth living in low-income households and youth with limited English proficiency.

    More than 35 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by strengthening the ability of parents to participate fully in the education of their children at school and at home (see section 601(c)(5)(B) of IDEA). Since the Department first funded CPRCs over 20 years ago, the CPRC program has helped parents in their communities set high expectations for children with disabilities and has provided parents with the information and training they need to help their children meet those expectations. Information about the Office of Special Education's parent training and information program can be found at: www.parentcenterhub.org.

    CPRCs, consistent with section 671(b) of IDEA, help families in the geographically defined communities identified by the applicant: (a) Navigate systems that provide early intervention, special education, general education, postsecondary options, and related services; (b) understand the nature of their children's disabilities; (c) learn about their rights and responsibilities under IDEA; (d) expand their knowledge of evidence-based, as defined in this notice, education practices to help their children succeed; (e) strengthen their collaboration with professionals; (f) locate resources available for themselves and their children, which connects them to their local communities; and (g) advocate for improved student achievement, increased graduation rates, and improved postsecondary outcomes for all children through participation in school reform activities. In addition, CPRCs may help youth with disabilities in their communities have high expectations for themselves and understand their rights and responsibilities. In addition, effective CPRCs can partner with local agencies, providing expertise on how to better support families in their communities and help them access other community supports that empower families.

    The CPRCs to be funded through this priority will provide parents with information, individual assistance, and training to enable them to: (a) Advocate for their children's access to appropriate services, including access to general education classrooms and extracurricular activities; (b) help their children meet developmental and academic goals; (c) help their children meet challenging expectations established for all children; and (d) prepare their children to achieve positive postsecondary outcomes that lead to lives that are as productive and independent as possible. In addition, all CPRCs will be required to help youth with disabilities become effective self-advocates.

    Priority: At a minimum, the CPRCs must: (1) Increase parents' capacity to help their children with disabilities improve their early learning, school-aged, and postsecondary outcomes; and (2) increase youth with disabilities' capacity to be effective self-advocates. To be considered for funding under this priority, an applicant must meet the application, programmatic, and administrative requirements of this priority. Applicants must—

    (a) Demonstrate, in the narrative section of the application under “Significance of the Project,” how the proposed project will—

    (1) Address the needs of parents of children with disabilities who experience significant isolation from available sources of information and support for services that increase the parents' capacity to help their children improve their early learning, school-aged, and postsecondary outcomes. To meet this requirement, the applicant must—

    (i) Present appropriate information on the characteristics and needs of parents in the identified community who experience significant challenges identifying reliable sources of information and support, including, for example, low-income parents, parents with limited English proficiency, parents of incarcerated youth with disabilities, and parents with disabilities;

    (ii) Present appropriate information about the identified community, including a description of its geographic area, population demographics, and the resources available in the community to support all families;

    (iii) Demonstrate knowledge of best practices in providing training and information to parents and youth in the identified community;

    (iv) Demonstrate knowledge of current evidence-based education practices and policy initiatives to improve outcomes in early intervention and early childhood, general and special education, transition services, and postsecondary options, including, if applicable to its community, the Promoting the Readiness of Minors in Supplemental Security Income (PROMISE) initiative; and

    (v) Demonstrate knowledge of how to identify and work with appropriate partners in the community, including agencies providing Part C services under IDEA; local educational agencies (LEAs); child welfare agencies; disability-specific resources serving families, such as local service providers; and other community nonprofits serving families; and

    (2) Address the needs of youth with disabilities for services that increase their capacity to be effective self-advocates. To meet this requirement, the applicant must—

    (i) Present appropriate information on the needs of youth with disabilities in the identified community who experience significant isolation from available sources of information and support, including for example, youth who are low-income, homeless, or limited English proficient, have dropped out of school, or are in foster care or involved in the juvenile justice system;

    (ii) Demonstrate knowledge of best practices in providing training and information to youth with disabilities in the identified community;

    (iii) Demonstrate knowledge of best practices in self-advocacy; and

    (iv) Demonstrate knowledge of how to work with appropriate partners serving youth with disabilities in the identified community, including local agencies, other nonprofits, and Independent Living Centers that provide assistance such as postsecondary education options, employment training, and supports.

    (b) Demonstrate, in the narrative section of the application, under “Quality of the Project Services,” how the proposed project will—

    (1) Use a project logic model (see paragraph (f)(1) of this priority) to guide the development of project plans and activities within the identified community;

    (2) Develop and implement an outreach plan to inform parents of children with disabilities and youth with disabilities in the identified community of how they can benefit from the services provided by the CPRC;

    (3) Provide services that increase parents' capacity to help their children with disabilities improve their early learning, school-aged, and postsecondary outcomes. To meet this requirement, the applicant must include information as to how the services will—

    (i) Increase parents' knowledge of—

    (A) The nature of their children's disabilities, including their children's strengths and academic, behavioral, and developmental challenges;

    (B) The importance of having high expectations for their children and how to help them meet those expectations;

    (C) The local, State, and Federal resources available to assist them and their children, and local resources that strengthen their connection to their community;

    (D) IDEA, Federal IDEA regulations, and State implementation of IDEA, including parents' role on Individualized Family Service Plan (IFSP) and Individualized Education Program (IEP) Teams and how to effectively participate on IFSP and IEP Teams;

    (E) Other relevant educational and health care legislation, including the Elementary and Secondary Education Act of 1965, as amended (ESEA); section 504 of the Rehabilitation Act of 1973, as amended (section 504); and the Americans with Disabilities Act of 1990 (ADA);

    (F) Transition services at all levels, including: Part C early intervention to Part B preschool, preschool to elementary school, elementary school to secondary school, and secondary school to postsecondary education and workforce options;

    (G) How their children can have access to the general education curriculum, including access to college- and career-ready academic standards and assessments; inclusive early learning programs; inclusive general education classrooms and settings; vocational education; extracurricular and enrichment opportunities available to all children; and other initiatives to make students college- and career-ready;

    (H) Evidence-based early intervention and education practices that improve early learning, school-aged, and postsecondary outcomes;

    (I) Local school reform efforts to improve student achievement and increase graduation rates; and

    (J) The use of data to inform instruction and advance school reform efforts;

    (ii) Increase parents' capacity to—

    (A) Effectively support their children with disabilities and participate in their children's education;

    (B) Communicate effectively and work collaboratively in partnership with early intervention service providers, school-based personnel, related services personnel, and administrators;

    (C) Resolve disputes effectively; and

    (D) Participate in school reform activities to improve outcomes for all children;

    (4) Provide services that increase youth with disabilities' capacity to be effective self-advocates. To meet this requirement, the applicant must include information as to how the services will—

    (i) Increase the knowledge of youth with disabilities about—

    (A) The nature of their disabilities, including their strengths, and their academic, behavioral, and developmental challenges;

    (B) The importance of having high expectations for themselves and how to meet those expectations;

    (C) The resources available to support their success in secondary and postsecondary education and employment and full participation in their communities;

    (D) IDEA, section 504, ADA, and other legislation and policies that affect people with disabilities;

    (E) Their rights and responsibilities while receiving services under IDEA and after transitioning to post-school programs, services, and employment;

    (F) How they can participate on IEP Teams; and

    (G) Supported decisionmaking necessary to transition to adult life; and

    (ii) Increase the capacity of youth with disabilities to advocate for themselves, including communicating effectively and working in partnership with providers;

    (5) Use various methods to deliver services that are appropriate in the context of the identified community;

    (6) Use best practices to provide training and information to adult learners and youth in the identified community;

    (7) Establish cooperative partnerships with any Parent Training and Information Center and any other CPRCs funded in the State under sections 671 and 672 of IDEA, respectively; and

    (8) Network with local and State organizations and agencies, such as the Part C State Interagency Coordinating Council, the Part B State Advisory Panel, and protection and advocacy agencies that serve parents and families of children with disabilities, to better support the families and children with disabilities in the identified community to effectively and efficiently access IDEA services.

    (c) Demonstrate, in the narrative section of the application, under “Quality of the Evaluation Plan,” how—

    (1) The applicant will evaluate how well the goals or objectives of the proposed project, as described in its logic model, have been met, including a description of how the applicant will measure the outcomes proposed in the logic model (see paragraph (f)(1) of this priority). The description must include—

    (i) Proposed evaluation methodologies appropriate to the scope of the project and the identified community, including proposed instruments, data collection methods, and analyses; and

    (ii) Proposed criteria for determining if the project has reached and served families and youth in the identified community; and

    (2) The proposed project will use the evaluation results to examine its implementation and its progress toward achieving intended outcomes.

    (d) Demonstrate, in the narrative section of the application under “Adequacy of Project Resources,” how—

    (1) The proposed personnel, consultants, and contractors have the qualifications and experience to carry out the proposed activities and achieve the intended outcomes identified in the project logic model (see paragraph (f)(1) of this priority);

    (2) The applicant will encourage applications for employment from persons who are members of groups that have historically been underrepresented based on race, color, national origin, linguistic diversity, gender, age, or disability, as appropriate; and

    (3) The applicant and key partners have adequate resources to carry out the proposed activities.

    (e) Demonstrate, in the narrative section of the application under “Quality of the Management Plan,” how—

    (1) The proposed management plan will ensure that the intended outcomes identified in the project logic model (see paragraph (f)(1) of this priority) will be achieved on time and within budget;

    (2) The time of key personnel, consultants, and contractors will be sufficiently allocated to the project;

    (3) The proposed management plan will ensure that the services provided are of high quality;

    (4) The board of directors will be used to provide appropriate oversight to the project;

    (5) The proposed project benefits from a diversity of perspectives, including those of parents, providers, and administrators in the identified community;

    (6) The proposed project will ensure that the Annual Performance Reports submitted to the Department will—

    (i) Be accurate and timely;

    (ii) Include information on the projects' outputs and outcomes; and

    (iii) Include, at a minimum, the number and demographics of parents and youth to whom the CPRC provided information and training, and the levels of service provided to them; and

    (7) The project management and staff will—

    (i) Make use of the technical assistance (TA) and products provided by the Center on Parent Information and Resources, Regional Parent Technical Assistance Centers (PTACs), Native American PTAC, Military PTAC, and other TA centers funded by the Office of Special Education Programs (OSEP), as appropriate, including the PROMISE TA Center, in order to serve parents of children with disabilities and youth with disabilities as effectively as possible;

    (ii) Participate in developing individualized TA plans with the Regional PTAC as appropriate; and

    (iii) Facilitate one site visit from the Regional PTAC during the grant cycle.

    (f) In the narrative or appendices as directed, the applicant must—

    (1) Include, in Appendix A, a logic model that depicts, at a minimum, the goals, activities, outputs, and intended outcomes of the proposed project. A logic model communicates how a project will achieve its intended outcomes and provides a framework for both the formative and summative evaluations of the project;

    Note: The following Web sites provide more information on logic models: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.osepideasthatwork.org/logicModel/index.asp.

    (2) Include, in Appendix A, person-loading charts and timelines, as applicable, to illustrate the management plan described in the narrative; and

    (3) Include, in the budget, attendance by the project director at one OSEP meeting in Washington DC annually, to be determined by OSEP;

    Note: Within 30 days of receipt of the award, a post-award teleconference must be held between the OSEP project officer and the grantee's project director and other authorized representatives.

    Definitions: For the purposes of this priority:

    Evidence-based means supported by strong theory.

    Strong theory means a rationale for the proposed process, product, strategy, or practice that includes a logic model.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities and requirements. Section 681(d) of IDEA, however, makes the public comment requirements of the APA inapplicable to the priority in this notice.

    Program Authority:

    20 U.S.C. 1471 and 1481.

    Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended as regulations of the Department in 2 CFR part 3474.

    Note:

    The regulations in 34 CFR part 79 apply to all applicants except federally recognized Indian tribes.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education only.

    II. Award Information

    Type of Award: Discretionary grants.

    Estimated Available Funds: $3,000,000.

    Contingent upon the availability of funds and the quality of applications, we may make additional awards in FY 2017 from the list of unfunded applications from this competition.

    Estimated Average Size of Awards: $100,000.

    Maximum Award: We will reject any application that proposes a budget exceeding $100,000 for a single budget period of 12 months.

    Estimated Number of Awards: 30.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: Up to 60 months.

    III. Eligibility Information

    1. Eligible Applicants: Local parent organizations.

    Note:

    Section 671(a)(2) of IDEA defines a “parent organization” as a private nonprofit organization (other than an institution of higher education) that—

    (a) Has a board of directors—

    (1) The majority of whom are parents of children with disabilities ages birth through 26;

    (2) That includes—

    (i) Individuals working in the fields of special education, related services, and early intervention; and

    (ii) Individuals with disabilities; and

    (3) The parent and professional members of which are broadly representative of the population to be served, including low-income parents and parents of limited English proficient children; and

    (b) Has as its mission serving families of children with disabilities who are ages birth through 26, and have the full range of disabilities described in section 602(3) of IDEA.

    2. Cost Sharing or Matching: This program does not require cost sharing or matching.

    3. Eligible Subgrantees: (a) Under 34 CFR 75.708(b) and (c) a grantee may award subgrants—to directly carry out project activities described in its application—to the following types of entities: State educational agencies; LEAs, including public charter schools that are considered LEAs under State law; IHEs; other public agencies; private nonprofit organizations; freely associated States and outlying areas; Indian tribes or tribal organizations; and for-profit organizations suitable to carry out the activities proposed in the application.

    (b) The grantee may award subgrants to entities it has identified in an approved application.

    4. Other General Requirements:

    (a) Recipients of funding under this program must make positive efforts to employ and advance in employment qualified individuals with disabilities (see section 606 of IDEA).

    (b) Each applicant for, and recipient of, funding under this program must involve individuals with disabilities, or parents of individuals with disabilities ages birth through 26, in planning, implementing, and evaluating the project (see section 682(a)(1)(A) of IDEA).

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet, from the Education Publications Center (ED Pubs), or from the program office.

    To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from ED Pubs, write, fax, or call: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application package from ED Pubs, be sure to identify this competition as follows: CFDA number 84.328C.

    To obtain a copy from the program office, contact: Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-6595. If you use a TDD or TTY, call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

    Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the person or team listed under Accessible Format in section VIII of this notice.

    2. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to no more than 50 pages, using the following standards:

    • A “page” is 8.5″ × 11″, on one side only, with 1″ margins at the top, bottom, and both sides.

    • Double-space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, reference citations, and captions, as well as all text in charts, tables, figures, graphs, and screen shots.

    • Use a font that is 12 point or larger.

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit and double-spacing requirements do not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the abstract (follow the guidance provided in the application package for completing the abstract), the table of contents, the list of priority requirements, the resumes, the reference list, the letters of support, or the appendices. However, the page limit and double-spacing requirements do apply to all of Part III, the application narrative, including all text in charts, tables, figures, graphs, and screen shots.

    We will reject your application if you exceed the page limit in the application narrative section; or if you apply standards other than those specified in the application package.

    3. Submission Dates and Times:

    Applications Available: February 26, 2016.

    Deadline for Transmittal of Applications: April 11, 2016.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    Deadline for Intergovernmental Review: June 10, 2016.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry), the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, it may be 24 to 48 hours before you can access the information in, and submit an application through, Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Community Parent Resource Centers competition, CFDA number 84.328C, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Community Parent Resource Centers competition at www.Grants.gov. You must search for the downloadable application package for this competition by the CFDA number. Do not include the CFDA number's alpha suffix in your search (e.g., search for 84.328, not 84.328C).

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: The Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the project narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF. Additional, detailed information on how to attach files is in the application instructions.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that the problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. We will contact you after we determine whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date.

    Address and mail or fax your statement to: Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington, DC 20202-5076. FAX: (202) 245-7617.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.328C), LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    We will not consider applications postmarked after the application deadline date.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.328C), 550 12th Street SW., Room 7039, Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The selection criteria for this program are from 34 CFR 75.210 and are listed in the application package.

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Additional Review and Selection Process Factors: In the past, the Department has had difficulty finding peer reviewers for certain competitions because so many individuals who are eligible to serve as peer reviewers have conflicts of interest. The standing panel requirements under section 682(b) of IDEA also have placed additional constraints on the availability of reviewers. Therefore, the Department has determined that for some discretionary grant competitions, applications may be separated into two or more groups and ranked and selected for funding within specific groups. This procedure will make it easier for the Department to find peer reviewers by ensuring that greater numbers of individuals who are eligible to serve as reviewers for any particular group of applicants will not have conflicts of interest. It also will increase the quality, independence, and fairness of the review process, while permitting panel members to review applications under discretionary grant competitions for which they also have submitted applications. However, if the Department decides to select an equal number of applications in each group for funding, this may result in different cut-off points for fundable applications in each group.

    4. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multiyear award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: Under the Government Performance and Results Act of 1993 (GPRA), the Department has established a set of performance measures, including long-term measures, that are designed to yield information on various aspects of the effectiveness and quality of the Training and Information for Parents of Children with Disabilities program. The measures focus on the extent to which projects provide high-quality products and services, the relevance of project products and services to educational and early intervention policy and practice, and the use of products and services to improve educational and early intervention policy and practice. Projects funded under this competition are required to submit data on these measures as directed by OSEP.

    Grantees will be required to report information on their project's performance in annual and final performance reports to the Department (34 CFR 75.590).

    5. Continuation Awards: In making a continuation award under 34 CFR 75.253, the Secretary considers, among other things: Whether a grantee has made substantial progress in achieving the goals and objectives of the project; whether the grantee has expended funds in a manner that is consistent with its approved application and budget; and, if the Secretary has established performance measurement requirements, the performance targets in the grantee's approved application.

    In making a continuation award, the Secretary also considers whether the grantee is operating in compliance with the assurances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Carmen Sanchez, U.S. Department of Education, 400 Maryland Avenue SW., Room 5175, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-6595.

    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the Grants and Contracts Services Team, U.S. Department of Education, 400 Maryland Avenue SW., Room 5037, Potomac Center Plaza, Washington, DC 20202-2550. Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: February 23, 2016. Michael K. Yudin, Assistant Secretary for Special Education and Rehabilitative Services.
    [FR Doc. 2016-04256 Filed 2-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2242-078—Oregon] Eugene Water and Electric Board; Notice of Designation of Certain Commission Personnel as Non-Decisional

    Commission staff members Ryan Hansen (Office of Energy Projects 202-502-8074; [email protected]) and Katherine Liberty (Office of the General Counsel 202-502-6491; [email protected]) are assigned to help resolve environmental and other issues associated with development of a settlement agreement for the Carmen-Smith Project.

    As “non-decisional” staff, Mr. Hansen and Ms. Liberty will not participate in an advisory capacity in the Commission's review of any offer of settlement or settlement agreement, or deliberations concerning the disposition of the relicense application.

    Different Commission “advisory staff” will be assigned to review any offer of settlement or settlement agreement, and to process the relicense application, including providing advice to the Commission with respect to the agreement and the application. Non-decisional staff and advisory staff are prohibited from communicating with one another concerning the settlement and the relicense application.

    Dated: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04154 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator Status Docket No. Pavant Solar, LLC EG15-115-000 Campbell County Wind Farm, LLC EG16-15-000 OCI Alamo 6 LLC EG16-16-000 OCI Alamo 7 LLC EG16-17-000 OCI Solar TRE LLC EG16-18-000 BIF III Holtwood LLC EG16-19-000 Black Oak Wind, LLC EG16-20-000 Central Antelope Dry Ranch C LLC EG16-21-000 Shelby County Energy Center, LLC EG16-22-000 Golden Hills Interconnection, LLC EG16-23-000 Blythe Solar 110, LLC EG16-24-000 NextEra Blythe Solar Energy Center, LLC EG16-25-000

    Take notice that during the months of November 2015 and January 2016, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a).

    Dated: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04151 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-17-000] Millennium Pipeline Company, L.L.C.; Notice of Schedule for Environmental Review of the Valley Lateral Project

    On November 13, 2015, Millennium Pipeline Company, L.L.C. (Millennium) filed an application in Docket No. CP16-17-000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain natural gas pipeline facilities. The proposed project is known as the Valley Lateral Project (Project), and would provide approximately 130,000 dekatherms per day (Dth/d) of firm transportation service to CPV Valley, LLC to serve a new natural gas combined-cycle electric generator in the Town of Wawayanda, New York (CPV Valley Energy Center).

    On November 30, 2015, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review Issuance of EA—May 9, 2016 90-day Federal Authorization Decision Deadline—August 7, 2016

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    Millennium proposes to construct, install, own, and maintain the proposed Valley Lateral Project, which would involve construction of an approximately 7.9-mile, 16-inch diameter lateral pipeline from Millennium's existing mainline in Orange County, New York to the CPV Valley Energy Center. The Project would also involve construction of a new meter station within the CPV Valley Energy Center property, and pig launcher and receiver facilities.

    Background

    On July 6, 2015, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Valley Lateral Project and Request for Comments on Environmental Issues (NOI). The NOI was issued during the pre-filing review of the Project in Docket No. PF15-23-000 and was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. In response to the NOI, the Commission received comments from the U.S. Environmental Protection Agency (EPA) and 48 comments from individual stakeholders. The primary issues raised by commentors are purpose and need, land use, visual impacts, vegetation and wildlife, cumulative impacts, alternatives, air quality and climate change, safety, and socioeconomic impacts.

    The EPA and New York State Department of Agriculture and Markets are cooperating agencies in the preparation of the EA.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC Web site (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP16-17), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04144 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-76-000.

    Applicants: Cedar Creek Wind Energy, LLC.

    Description: Application Under Section 203 of the FPA of Cedar Creek Wind Energy, LLC.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5215.

    Comments Due: 5 p.m. ET 3/11/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER14-1579-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Report Filing: Potomac Electric submits Refund Report under Cancellation of SA No. 3555 to be effective N/A.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5042.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-976-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: OATT Formula Rate—Attachment T (Temporary Schedule 10) to be effective 4/19/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5187.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-977-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of the Solar Wind WMPA SA No. 3205, Queue No. W4-011 to be effective 2/22/2016.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5035.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-978-000.

    Applicants: AEP Texas Central Company.

    Description: § 205(d) Rate Filing: TCC-Rocksprings Val Verde Wind Interconnection Agreement First Amend & Restated to be effective 2/1/2016.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5037.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-979-000.

    Applicants: Niagara Mohawk Power Corporation, Inc., New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: Cost Reimbursement Agreement (SA 2264) between NMPC and the Oneida Indian Nation to be effective 12/14/2015.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5039.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-980-000.

    Applicants: Midcontinent Independent System Operator, Inc., MidAmerican Energy Company.

    Description: § 205(d) Rate Filing: 2016-02-22_SA 2314 MidAmerican Lehigh-Webster 3rd Rev IA to be effective 2/23/2016.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5040.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-981-000.

    Applicants: Consolidated Edison Company of New York, Inc., New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: Con Edison and Central Hudson Facilities Agreement, SA# 2263 to be effective 4/22/2016.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5107.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-982-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-02-22_SA 2017 ITC Midwest-Barton Wind 4th Rev GIA (G540/G548) to be effective 8/1/2014.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5109.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-983-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Amended LGIA Mojave Solar LLC to be effective 4/22/2016.

    Filed Date: 2/22/16.

    Accession Number: 20160222-5131.

    Comments Due: 5 p.m. ET 3/14/16.

    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: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04149 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-37-000] Central Hudson Gas & Electric Corporation; Tucson Electric Power Company; UNS Electric, Inc; UniSource Energy Development Company; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On February 22, 2016, the Commission issued an order in Docket No. EL16-37-000, 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 Central Hudson Gas & Electric Corporation, Tucson Electric Power Company, UNS Electric, Inc. and UniSource Energy Development Company's (collectively Applicants) market based rates in the Tucson Electric balancing authority area. Central Hudson Gas & Electric Corporation, et al., 154 FERC ¶ 61,124 (2016).

    The refund effective date in Docket No. EL16-37-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Dated: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04153 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-73-000.

    Applicants: Big Sandy Peaker Plant, LLC, High Desert Power Project, LLC, TPF Generation Holdings, LLC, Wolf Hills Energy, LLC.

    Description: Joint Application for Authorization of Transaction under Section 203 of Big Sandy Peaker Plant, LLC, et al.

    Filed Date: 2/16/16.

    Accession Number: 20160216-5407.

    Comments Due: 5 p.m. ET 3/8/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-54-000.

    Applicants: Solar Star California XLI, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Solar Star California XLI, LLC.

    Filed Date: 2/9/16.

    Accession Number: 20160209-5269.

    Comments Due: 5 p.m. ET 3/1/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-116-001.

    Applicants: ISO New England Inc., Eversource Energy Service Company (as agent).

    Description: Tariff Amendment: Eversource Energy Service Company—Docket No. ER16-116 to be effective 4/16/2015.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5000.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-952-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: Third Amended Lockhart PPA, RS No. 332 to be effective 1/1/2015.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5079.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-953-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: Third Amended Due West PPA, RS No. 329 to be effective 1/1/2015.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5080.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-954-000.

    Applicants: ISO New England Inc., New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: DARD Pump Parameter Changes to be effective 3/31/2017.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5108.

    Comments Due: 5 p.m. ET 3/9/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04155 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-36-000] Arizona Public Service Company; Notice of Institution of Section 206 Proceeding and Refund Effective Date

    On February 22, 2016, the Commission issued an order in Docket No. EL16-36-000, 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 Arizona Public Service Company's market based rates in the Tucson Electric balancing authority area. Arizona Public Service Company, 154 FERC ¶ 61,123 (2016).

    The refund effective date in Docket No. EL16-36-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Dated: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04152 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 516-490] South Carolina Electric & Gas Co.; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Application Type: Non-project use of project lands and waters.

    b. Project No: 516-490.

    c. Date Filed: February 3, 2016.

    d. Applicant: South Carolina Electric & Gas Co.

    e. Name of Project: Saluda Hydroelectric Project.

    f. Location: Saluda River in Lexington, Newberry, Richland, and Saluda counties, South Carolina.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: William Argentieri, Manager Civil Engineering, 100 SCANA Parkway, Cayce, SC 29033-3701, (803) 217-9162.

    i. FERC Contact: Mark Carter at (678) 245-3083, or email: [email protected].

    j. Deadline for filing comments, motions to intervene, and protests: March 18, 2016.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-516-490.

    The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. Description of Request: South Carolina Electric & Gas Co. proposes to construct a 2-megawatt solar array on 10 acres of project lands that it owns on and adjacent to a closed landfill used to store byproducts of the nearby McMeekin coal plant. Although the majority of the site has been previously disturbed, minor re-grading and minimal tree clearing would be necessary at the site.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: February 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04159 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Availability of the Draft Environmental Impact Statement for the Proposed Rover Pipeline, Panhandle Backhaul, and Trunkline Backhaul Projects Docket Number Rover Pipeline, LLC CP15-93-000 Panhandle Eastern Pipe Line Company, LP CP15-94-000 Trunkline Gas Company, LLC CP15-96-000

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a draft environmental impact statement (EIS) for the Rover Pipeline, Panhandle Backhaul, and Trunkline Backhaul Projects (Projects), proposed by Rover Pipeline, LLC (Rover), Panhandle Eastern Pipe Line Company, LP (Panhandle), and Trunkline Gas Company, LLC (Trunkline), respectively, in the above-referenced dockets. Rover requests authorization to construct, operate, and maintain certain natural gas pipeline facilities to transport about 3.25 billion cubic feet per day (Bcf/d) of stranded natural gas from Marcellus and Utica production areas in West Virginia, Pennsylvania, and Ohio to markets in the United States and Canada. Panhandle requests authorization to modify existing facilities and install an interconnection with Rover in Defiance County, Ohio to accommodate 0.75 Bcf/d of east-to-west firm transportation service. Trunkline would modify existing facilities, including piping at the existing Panhandle-Trunkline Interconnect in Douglas County, Illinois to provide 0.75 Bcf/d of north-to-south firm transportation service.

    The draft EIS assesses the potential environmental effects of the construction and operation of the Projects in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the Projects would have some adverse and significant environmental impacts; however, these impacts would be reduced to acceptable levels with the implementation of Rover's, Panhandle's, and Trunkline's proposed mitigation and the additional measures recommended by staff in the draft EIS.

    The U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers (COE), the U.S. Fish and Wildlife Service (FWS), the Ohio Environmental Protection Agency (OHEPA), and the West Virginia Department of Environmental Protection (WVDEP) participated as cooperating agencies in the preparation of the EIS. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposals and participate in the NEPA analysis. Although the cooperating agencies provided input to the conclusions and recommendations presented in the draft EIS, the agencies will present their own conclusions and recommendations in their respective Records of Decision for the Projects.

    The draft EIS addresses the potential environmental effects of the construction and operation of the following facilities:

    • 510.7 miles of new 24- to 42-inch-diameter natural gas pipeline and appurtenant facilities that include 10 new compressor stations, 19 new meter stations, 5 new tie-ins, 78 mainline valves, and 11 pig launcher and receiver facilities.1

    1 A pig is an internal tool that can be used to clean and dry a pipeline and/or to inspect it for damage or corrosion.

    • modifications by Panhandle at four existing compressor stations, one interconnection, and three valve sites; and

    • modifications by Trunkline at four existing compressor stations and one meter station.

    The FERC staff mailed copies of the draft EIS to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; newspapers and libraries in the project area; and parties to this proceeding. Paper copy versions of this EIS were mailed to those specifically requesting them; all others received a CD version. In addition, the draft EIS is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the draft EIS may do so. To ensure consideration of your comments on the proposal in the final EIS, it is important that the Commission receive your comments on or before April 11, 2016.

    For your convenience, there are four methods you can use to submit your comments to the Commission. The Commission will provide equal consideration to all comments received, whether filed in written form or provided verbally. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the applicable project docket number (CP15-93-000, CP15-94-000, or CP15-96-000) with your submission:

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    (4) In lieu of sending written or electronic comments, the Commission invites you to attend one of the public comment meetings its staff will conduct in the Project area to receive comments on the draft EIS. The date, time, and location of the public comment meetings will be published in a separate Notice and will be mailed to all those receiving the draft EIS and posted on the FERC Web site (www.ferc.gov). The meetings will be recorded by a court reporter to ensure comments are accurately recorded. Transcripts will be placed into the formal record of the Commission proceeding and available for public review.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR part 385.214).2 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    2 See the previous discussion on the methods for filing comments.

    Questions?

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP15-93, CP15-94, or CP15-96). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676; for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04142 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1 4751-001] Alpine Pacific Utilities, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On January 22, 2016, Alpine Pacific Utilities, LLC filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Fresno Dam Site Water Power Project (Fresno Dam Project or project) to be located in Hill County, Montana near the town of Kremlin at the existing Bureau of Reclamation Fresno Dam located on the Milk River. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would utilize the existing outlet structure on Fresno Dam. The proposed project would consist of the following new facilities: (1) A 48-inch-diameter, 100-foot-long bifurcated penstock leading from the existing outlet works; (2) a powerhouse containing two turbines/generating units with a combined installed capacity of 1.348 megawatts; (3) a tailrace discharging flows into the existing dam spillway; (4) a transformer in a 25-square-foot switchyard; (5) an approximately 1-mile-long, 12.74-kilovolt overhead transmission line connecting to existing Hill County Electric and Northwest Electric transmission systems; and (6) appurtenant facilities. The proposed project would have an average annual generation of 4,700 megawatt-hours

    Applicant Contact: Justin D. Ahmann, Alpine Pacific Utilities, LLC, 111 Legend Trail, Kalispell, MT 59901.

    FERC Contact: Ryan Hansen, phone: (202) 502-8074, or email [email protected]

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 Days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14751-001.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14751) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: February 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04161 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-64-001.

    Applicants: Tallbear Seville LLC.

    Description: Report Filing: Refund Report to be effective N/A.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5133.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-778-001.

    Applicants: MATL LLP.

    Description: Tariff Amendment: MATL Amendment of Pending Tariff Filing to be effective 3/26/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5046.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER16-970-000.

    Applicants: MATL LLP.

    Description: § 205(d) Rate Filing: MATL Concurrrence to be effective 3/26/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5042.

    Comments Due: 5 p.m. ET 3/11/16.

    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: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04145 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: PR16-25-000.

    Applicants: Columbia Gas of Ohio, Inc.

    Description: Tariff filing per 284.123(b)(1)/.: COH 2-16-2016 SOC to be effective 2/1/2016; Filing Type: 980.

    Filed Date: 2/16/16.

    Accession Number: 201602165220.

    Comments/Protests Due: 5 p.m. ET 3/8/16.

    Docket Number: PR16-17-001.

    Applicants: Acadian Gas Pipeline System.

    Description: Tariff filing per 284.123(b), (e), (g): Amended SOC Update per FERC Order 809 to be effective 4/1/2016; Filing Type: 1270.

    Filed Date: 2/17/2016.

    Accession Number: 201602175169.

    Comments Due: 5 p.m. ET 3/9/16.

    284.123(g) Protests Due: 5 p.m. ET 3/28/16.

    Docket Number: PR16-20-001.

    Applicants: Enterprise Texas Pipeline LLC.

    Description: Tariff filing per 284.123(b), (e), (g): Amended SOC Update per FERC Order 809 to be effective 4/1/2016; Filing Type: 1270.

    Filed Date: 2/18/2016.

    Accession Number: 201602185053.

    Comments Due: 5 p.m. ET 3/10/16.

    284.123(g) Protests Due: 5 p.m. ET 3/29/16.

    Docket Number: PR16-23-001.

    Applicants: Enterprise Intrastate LLC.

    Description: Tariff filing per 284.123(b), (e), (g): Amended SOC Update per FERC Order 809 to be effective 4/1/2016; Filing Type: 1270.

    Filed Date: 2/18/2016.

    Accession Number: 201602185045.

    Comments Due: 5 p.m. ET 3/10/16.

    284.123(g) Protests Due: 5 p.m. ET 3/29/16.

    Docket Number: PR16-23-002.

    Applicants: Enterprise Intrastate LLC.

    Description: Tariff filing per 284.123(b), (e), (g): Amended Section 18.5 & 18.6 of SOC Update per FERC Order 809 to be effective 4/1/2016; Filing Type: 1270.

    Filed Date: 2/18/2016.

    Accession Number: 201602185192.

    Comments Due: 5 p.m. ET 3/10/16.

    284.123(g) Protests Due: 5 p.m. ET 3/29/16.

    Docket Numbers: RP16-614-000.

    Applicants: Midcontinent Express Pipeline LLC.

    Description: Annual Report of Operational Purchases and Sales of Midcontinent Express Pipeline LLC under RP16-614.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5075.

    Comments Due: 5 p.m. ET 3/1/16.

    Docket Numbers: RP16-615-000.

    Applicants: WPX Energy Holdings, LLC,Terra Energy Partners LLC,WPX Energy Marketing, LLC,WPX Energy Rocky Mountain, LLC.

    Description: Joint Petition of WPX Energy Holdings, LLC, WPX Energy Marketing, LLC, WPX Energy Rocky Mountain, LLC and Terra Energy Partners LLC for Temporary Waiver of Capacity Release and Certain Other Regulations and Policies and Related Tariff Provisions.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5156.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: RP16-616-000.

    Applicants: Southern Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Fuel Retention Rates—Spring 2016 to be effective 4/1/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5000.

    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: RP16-617-000.

    Applicants: Southwest Gas Storage Company.

    Description: § 4(d) Rate Filing: Housekeeping and Contracting Provisions to be effective 3/21/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5011.

    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: RP16-618-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Bidding Requirements Waiver for State-Regulated Electric Reliability Programs to be effective 4/1/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5050.

    Comments Due: 5 p.m. ET 3/2/16.

    Docket Numbers: RP16-619-000.

    Applicants: National Fuel Gas Supply Corporation.

    Description: § 4(d) Rate Filing: Fuel Tracker (04/01/16) to be effective 4/1/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5161.

    Comments Due: 5 p.m. ET 3/2/16.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP16-234-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: Report Filing: Refund Report in Docket Nos. RP16-234 and RP10-1398.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5140.

    Comments Due: 5 p.m. ET 3/1/16.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 22, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04157 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-552-000] Northern Natural Gas Company; Notice of Schedule for Environmental Review of the Gaines County Crossover Compressor Station Project

    On September 9, 2015, Northern Natural Gas Company (Northern) filed an application in Docket No. CP15-552-000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate a new compressor station in Gaines County, Texas. The proposed project is known as the Gaines County Crossover Compressor Station Project (Project), and would deliver an additional 210 million standard cubic feet of natural gas per day to supply natural gas for electrical power plants.

    On September 22, 2015, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review Issuance of EA—May 9, 2016 90-day Federal Authorization Decision Deadline—August 7, 2016

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    The Project would include installation of two compressor units with a combined horsepower of 18,089. The suction side of the compressor station would be connected to Northern's existing 30-inch-diameter Spraberry to Plains Pipeline. The station would discharge to Northern's existing 30-inch-diameter Kermit to Beaver Pipeline. The proposed Project would also include the installation of two compressor buildings, a control building, an auxiliary building, associated above-grade and below-grade piping, and valves and instrumentation.

    Background

    On October 22, 2015, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Gaines County Crossover Compressor Station and Request for Comments on Environmental Issues (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. In response to the NOI, the Commission received one comment from the Bureau of Indian Affairs recommending consultation with four different tribes with historic traditions in the area. No issues of environmental concern were raised by the commentor.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC Web site (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP15-552), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04146 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-74-000.

    Applicants: Black Hills Colorado IPP, LLC.

    Description: Application for Authorization under Section 203 of the Federal Power Act of Black Hills Colorado IPP, LLC.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5171.

    Comments Due: 5 p.m. ET 3/9/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1350-006.

    Applicants: Entergy Services, Inc.

    Description: Entergy Services, Inc. submits Compliance Filing Pursuant to Opinion No. 545.

    Filed Date: 2/16/16.

    Accession Number: 20160216-5413.

    Comments Due: 5 p.m. ET 3/8/16.

    Docket Numbers: ER16-780-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Tariff Amendment: 1166R27 Oklahoma Municipal Power Authority NITSA and NOA to be effective 1/1/2016.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5160.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-955-000.

    Applicants: Red Horse Wind 2, LLC.

    Description: Baseline eTariff Filing: Shared Facilities Agreement to be effective 4/4/2016.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5125.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-956-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: LGIA Aurora Solar LLC Sorrel I Solar Farm Project to be effective 2/18/2016.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5126.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-957-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: LGIA NextEra Energy Resources, LLC Ord Mountain Project to be effective 2/18/2016.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5127.

    Comments Due: 5 p.m. ET 3/9/16.

    Docket Numbers: ER16-958-000.

    Applicants: Red Horse III, LLC.

    Description: § 205(d) Rate Filing: Concurrence filing to be effective 4/4/2016.

    Filed Date: 2/17/16.

    Accession Number: 20160217-5154.

    Comments Due: 5 p.m. ET 3/9/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04156 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11841-027] Ketchikan Public Utilities; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Application to amend license.

    b. Project No.: 11841-027.

    c. Date Filed: March 18 and 30, 2015, as supplemented on June 17 and December 16, 2015.

    d. Applicant: Ketchikan Public Utilities.

    e. Name of Project: Whitman Lake Hydroelectric Project.

    f. Location: The project is located on Whitman Creek in Ketchikan Gateway Borough, approximately four miles east of the City of Ketchikan, Alaska.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Ms. Jennifer Holstrom, PE, Senior Project Engineer, Ketchikan Public Utilities, 1065 Fair Street, Ketchikan, AK 99901, (907) 228-4733.

    i. FERC Contact: Mr. Christopher Chaney, (202) 502-6778, or [email protected].

    j. Deadline for filing comments, motions to intervene, protests, and recommendations is 30 days from the date of issuance of this notice. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P-11841-027) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The applicant requests approval of revised Exhibits A, F, and G to rectify discrepancies between the facilities and the project boundary authorized in the license and the as-built project configuration and boundary. The changes incorporated into the revised exhibits include: (1) The location, size, and configuration of the Achilles Diversion Dam, and the alignments of the associated access road and pipeline; (2) the lengths, sizes, undergrounding, and alignments of the Unit 1 and Unit 2 penstocks; (3) the sizes of the valve house and head tank; (4) the location and size of the powerhouse; (5) the location of the switchyard; (6) the length, alignment, and undergrounding of the transmission line; (7) the length of the tailrace; and (8) the incorporation of the Whitman Creek Gaging Station into the project boundary.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208- 3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading, the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license amendment. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 22, 2016. Nathanial J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04160 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 309-087] Brookfield Power Piney and Deep Creek, LLC; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Application to amend temporary variance of reservoir elevation requirements of license article 402.

    b. Project No.: 309-087.

    c. Date Filed: January 27, 2016.

    d. Applicant: Brookfield Power Piney and Deep Creek, LLC.

    e. Name of Project: Piney Hydroelectric Project.

    f. Location: The project is located on the Clarion River in Clarion County, Pennsylvania.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mr. Randy Garletts, Brookfield Power Piney and Deep Creek, LLC, 14 River View Terrace, Oakland, MD 21550, (301) 387-6616.

    i. FERC Contact: Mr. Mark Pawlowski, (202) 502-6052, or [email protected].

    j. Deadline for filing comments, motions to intervene, protests, and recommendations is 15 days from the date of issuance of this notice by the Commission. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P-309-087) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The applicant proposes to modify the timing and duration of the temporary variance of article 402 and Water Quality Certificate conditions 1.1 and 1.2 of the project license issued on March 30, 2015. The licensee requests authorization to operate the Project with a maximum reservoir elevation of 1087.5 ± 0.5 ft msl during the months of April through December, from 2016 through 2018 in order to replace the existing 14 radial spillway gates.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading, the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license amendment. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 17, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04158 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-70-000] Impulsora Pipeline, LLC; Notice of Application To Amend

    Take notice that on February 4, 2016, Impulsora Pipeline, LLC (Impulsora) filed in the above referenced docket an application pursuant to section 3 of the Natural Gas Act (NGA) and the Federal Energy Regulatory Commission's (Commission) regulations seeking to amend its section 3 authorizations and its Presidential Permit which were issued in an order by the Commission on May 14, 2015 (May 14 Order). Specifically, Impulsora requests termination of its authorization to construct and operate the 12-inch-diameter pipeline, but retain authorization to construct and operate the 36-inch-diameter pipeline authorized in the May 14 Order, all as more fully described in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application should be directed to Kenneth Simon, Latham & Watkins, LLP, 555 Eleventh Street NW., Suite 1000, Washington, DC 20004, or call (202) 637-2397, or by email [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on March 11, 2016.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04150 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP16-76-000] Cameron Interstate Pipeline LLC; Notice of Application To Amend

    Take notice that on February 18, 2016, Cameron Interstate Pipeline LLC (Cameron), 488 8th Avenue, San Diego, California 92101, filed in the above referenced docket an application pursuant to section 7(c) of the Natural Gas Act (NGA), and Part 157 of the Commission's regulations to amend the certificate of public convenience and necessity granted to Cameron on June 19, 2014 in Docket No. CP13-27-000, to decrease the diameter of 3.58 miles of pipeline from 42 to 36 inches, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning this application may be directed to William D. Rapp, Cameron Interstate Pipeline LLC, 488 8th Avenue, San Diego, CA 92101, by telephone at (619) 699-5050.

    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9), within 90 days of this Notice, the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit seven copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on February 29, 2016.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04147 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-75-000.

    Applicants: Desert Sunlight 250, LLC, Desert Sunlight 300, LLC, Summit Solar Desert Sunlight, LLC.

    Description: Joint Application for Authorization under FPA Section 203 of Desert Sunlight 250, LLC, et.al.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5214.

    Comments Due: 5 p.m. ET 3/10/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-967-000.

    Applicants: Midcontinent Independent System Operator, Inc., Entergy New Orleans, Inc.

    Description: § 205(d) Rate Filing: 2016-02-18_ENO Pricing Zone Filing to be effective 9/1/2016.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5163.

    Comments Due: 5 p.m. ET 3/10/16.

    Docket Numbers: ER16-968-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: Silicon Valley Power Work Performance Agreement for Relay Testing to be effective 2/19/2016.

    Filed Date: 2/18/16.

    Accession Number: 20160218-5200.

    Comments Due: 5 p.m. ET 3/10/16.

    Docket Numbers: ER16-969-000.

    Applicants: Commonwealth Edison Company, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: ComEd submits revisions to Attach. H-13—McHenry wholesale distribution charge to be effective 2/19/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5018.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-971-000.

    Applicants: Public Service Company of New Mexico.

    Description: Compliance filing: PNM/Navopache eTariff Compliance Filing—NITSA and NOA to be effective 1/1/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5047.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-972-000.

    Applicants: Public Service Company of New Mexico.

    Description: Compliance filing: PNM/Navopache eTariff Compliance Filing—PSA to be effective 11/1/2015.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5048.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-973-000.

    Applicants: Public Service Company of New Mexico.

    Description: Tariff Cancellation: Notice of Cancellation of Records to be effective 11/1/2015.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5049.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-974-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-02-19_SA 2898 Ameren Illinois-Ford County Wind Farm GIA (J375) to be effective 2/20/2016.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5079.

    Comments Due: 5 p.m. ET 3/11/16.

    Docket Numbers: ER16-975-000.

    Applicants: New York Independent System Operator, Inc., Niagara Mohawk Power Corporation.

    Description: Joint Notice of Termination of Small Generator Interconnection Service Agreement No. 1483 Among the New York Independent System Operator, Inc., Niagara Mohawk Power Corporation and Green Power Energy LLC.

    Filed Date: 2/19/16.

    Accession Number: 20160219-5081.

    Comments Due: 5 p.m. ET 3/11/16.

    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: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04141 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-41-000] Morongo Transmission LLC; Notice of Petiton for Declaratory Order

    Take notice that on February 19, 2016, pursuant to Rule 207 of the Commission's Rules of Practice and Procedure of the Federal Energy Regulatory Commission's (Commission), 18 CFR 385.207(a)(2) (2015), Morongo Transmission LLC (Morongo) filed a petition for declaratory order stating that amounts invested by Morongo Transmission in the West of Devers Transmission Upgrade Project in excess of $400 million will receive the same rate treatment that the Commission authorized in its August 25, 2014 order,1 as more fully explained in the petition.

    1Morongo Transmission LLC, 148 FERC 61,139 (2014).

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the 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 proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with an FERC Online service, please email [email protected]or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on March 21, 2016.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04148 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-504-000] Dominion Carolina Gas Transmission, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Columbia to Eastover Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared this environmental assessment for the Columbia to Eastover Project (Project) proposed by Dominion Carolina Gas Transmission, L.L.C. in the above-referenced docket. Dominion Carolina Gas requests authorization to construct, install, own, operate and maintain certain facilities located in Calhoun, Richland, and Lexington Counties, South Carolina. This Project would enable Dominion Carolina Gas to provide 18 million cubic feet per day of firm transportation service to the existing International Paper Plant in Eastover, South Carolina.

    Specifically, the proposed Project includes the following facilities:

    • 28 miles of new 8-inch-diameter pipeline;

    • a pig launcher;

    • a joint new pig receiver and meter and regulator station;

    • cathodic protection; and

    • eight mainline valves along the pipeline.

    The environmental assessment assesses the potential environmental effects of the construction and operation of the Project in accordance with the National Environmental Policy Act. The FERC staff concludes that approval of the proposed Project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The environmental assessment has been placed in the public files of the FERC and is available for public viewing on the FERC's Web site at www.ferc.gov using the eLibrary link. A limited number of copies of the environmental assessment are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Conference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Copies of the environmental assessment have been mailed to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; libraries in the Project area; and parties to this proceeding.

    Any person wishing to comment on the environmental assessment may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are properly recorded and considered prior to a Commission decision on the proposal, it is important that the FERC receives your comments in Washington, DC on or before March 21, 2016.

    For your convenience, there are three methods you can use to submit your comments to the Commission. In all instances, please reference the Project docket number (CP15-504-000) with your submission. The Commission encourages electronic filing of comments and has dedicated eFiling expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You may file your comments electronically by using the eComment feature, which is located on the Commission's Web site at www.ferc.gov under the link to Documents and Filings. An eComment is an easy method for interested persons to submit brief, text-only comments on a project;

    (2) You may file your comments electronically by using the eFiling feature, which is located on the Commission's Web site at www.ferc.gov under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making. A comment on a particular project is considered a “Comment on a Filing”; or

    (3) You may file a paper copy of your comments at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Although your comments will be considered by the Commission, simply filing comments will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision.

    1 See the previous discussion on the methods for filing comments.

    Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your comments considered.

    Additional information about the Project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP15-504). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to http://www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-04143 Filed 2-25-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9025-7] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www2.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements (EISs) Filed 02/15/2016 Through 02/19/2016 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: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

    EIS No. 20160041, Final, FTA, NC, Durham-Orange Light Rail, Contact: Stanley A. Mitchell 404-865-5600, Under MAP 21 section 1319, FTA has issued a Final EIS and ROD. Therefore, the 30-day wait/review period under NEPA does not apply to this action. EIS No. 20160042, Final, USACE, CA, San Elijo Lagoon Restoration Project, Review Period Ends: 03/28/2016, Contact: Meris Guerrero 760-602-4836 EIS No. 20160043, Draft Supplement, USFWS, OH, Ballville Dam Project, Comment Period Ends: 04/11/2016, Contact: Brian Elkington 612-713-5168 EIS No. 20160044, Draft Supplement, BOEM, LA, Gulf of Mexico OCS Oil and Gas Lease Sale: 2017 Central Planning Area Lease Sale 247, Comment Period Ends: 04/11/2016, Contact: Gary Goeke 504-736-3233 EIS No. 20160045, Final, TVA, TN, Floating Houses Policy Review, Review Period Ends: 03/28/2016, Contact: Matthew Higdon 865-632-8051 EIS No. 20160046, Draft, FERC, OH, Rover Pipeline, Panhandle Backhaul, and Trunkline Backhaul Projects, Comment Period Ends: 04/11/2016, Contact: Kevin Bowman 202-502-6287 Dated: February 23, 2016. Dawn Roberts, Management Analyst, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2016-04184 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9942-74-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed consent decree; request for public comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by Preserve Pepe`ekeo Health and Environment (“PPHE”) in the United States District Court for the District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412-ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (“EPA”), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by PPHE on September 13, 2014 requesting that EPA object to a CAA Title V permit issued by the Environmental Management Division of the Clean Air Branch, Hawaii Department of Health, to Hu Honua Bioenergy, LLC, authorizing the operation of the Hu Honua Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent decree would establish a deadline for EPA to take such action.

    DATES:

    Written comments on the proposed consent decree must be received by March 28, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2016-0055, online at www.regulations.gov (EPA's preferred method); by email to [email protected]; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above.

    FOR FURTHER INFORMATION CONTACT:

    Anthony Moffa, Air and Radiation Law Office (2322A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-1087; email address: [email protected]

    SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by PPHE seeking to compel the Administrator to take actions under CAA section 505(b)(2). Under the terms of the proposed consent decree, EPA would agree to sign its response granting or denying the petition filed by PPHE regarding the Hu Honua Bioenergy Facility located in Pepe`ekeo, Hawaii, pursuant to section 505(b)(2) of the CAA, on or before September 16, 2016.

    Under the terms of the proposed consent decree, EPA would expeditiously deliver notice of EPA's response to the Office of the Federal Register for review and publication following signature of such response. In addition, the proposed consent decree outlines the procedure for the Plaintiffs to request costs of litigation, including attorney fees.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who are not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the consent decree will be affirmed.

    II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2016-0055) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (“OEI”) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.”

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, Confidential Business Information (“CBI”), or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: February 5, 2016. Lorie J. Schmidt, Associate General Counsel.
    [FR Doc. 2016-03753 Filed 2-25-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0719] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before April 26, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0719.

    Title: Quarterly Report of Local Exchange Carriers Listing Payphone Automatic Number Identifications (ANIs).

    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: 400 respondents; 1,600 responses.

    Estimated Time per Response: 3.5 hours (8 hours for the initial submission; 2 hours per subsequent submission—for an average of 3.5 hours per response).

    Frequency of Response: Quarterly reporting requirement, recordkeeping requirement and third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 154, 201-205, 215, 218, 219, 220, 226 and 276 of the Communications Act of 1934, as amended.

    Total Annual Burden: 5,600 hours.

    Total Annual Cost: No cost.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: The Commission is not requesting respondents to submit confidential information to the Commission. If the respondents wish confidential treatment of their information, they may request confidential treatment under 47 CFR 0.459 of the Commission's rules.

    Needs and Uses: The Commission adopted rules and policies governing the payphone industry under section 276(b)(1)(A) of the Telecommunications Act of 1996 (the Act) and established “a per call compensation plan to ensure that all payphone service providers are fairly compensated for each and every completed intrastate and interstate call.” Pursuant to this mandate, and as required by section 64.1310(d) of the Commission's rules, Local Exchange Carriers (LECs) must provide to carriers required to pay compensation pursuant to section 64.1300(a), a quarterly report listing payphone ANIs. Without provision of this report, resolution of disputed ANIs would be rendered very difficult. Carriers would not be able to discern which ANIs pertain to payphones and therefore would not be able to ascertain which dial-around calls were originated by payphones for compensation purposes. There would be no way to guard against possible fraud. Without this collection, lengthy investigations would be necessary to verify claims. The report allows carriers to determine which dial-around calls are made from payphones. The information must be provided to third parties. The requirement would be used to ensure that LECs and the carriers required to pay compensation pursuant to 47 CFR 64.1300(a) of the Commission's rules comply with their obligations under the Telecommunications Act of 1996.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2016-04129 Filed 2-25-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0788] Information Collection 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 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the 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 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 Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before April 26, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments 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: 3060-0788.

    Title: DTV Showings/Interference Agreements.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities, Not-for-profit institutions.

    Number of Respondents and Responses: 300 respondents; 300 responses.

    Estimated Hours per Response: 5 hours.

    Frequency of Response: On occasion reporting requirement, Third Party Disclosure requirement.

    Total Annual Burden: 1,500 hours.

    Total Annual Costs: $3,900,000.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 154(i), 303 and 308 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality required with this collection of information.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: 47 CFR 73.623 requires applicants to submit a technical showing to establish that their proposed facilities will not result in additional interference to TV broadcast operations. The Commission permits broadcasters to agree to proposed TV facilities that do not conform to the allotted parameters, even though they might be affected by potential new interference. The Commission will consider granting applications on the basis of interference agreements if it finds that such grants will serve the public interest. These agreements must be signed by all parties to the agreement. In addition, the Commission needs the following information to enable such public interest determinations: A list of parties predicted to receive additional interference from the proposed facility; a showing as to why a grant based on the agreements would serve the public interest; and technical studies depicting the additional interference. The technical showings and interference agreements will be used by FCC staff to determine if the public interest would be served by the grant of the application and to ensure that the proposed facilities will not result in additional interference.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2016-04130 Filed 2-25-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0214, 3060-0316 and 3060-1207] Information Collections Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before March 28, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-1207.

    Title: Sections 25.701, Other DBS Public Interest Obligations, and 25.702, Other SDARS Public Interest Obligations.

    Form Number: None.

    Type of Review: New collection.

    Respondents: Business or other for profit entities.

    Number of Respondents and Responses: 3 respondents and 3 responses.

    Estimated Hours per Response: 18 hrs.

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

    Total Annual Burden: 54 hours.

    Total Annual Cost: $592.

    Obligation to Respond: Required to be obtained or retained for benefits. The statutory authority for this information collection is contained in sections 154, 301, 302, 303, 307, 309, 319, 332, 605, and 721 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Act Assessment: The Commission prepared a system of records notice (SORN), FCC/MB-2, “Broadcast Station Public Inspection Files,” that covers the PII contained in the broadcast station public inspection files located on the Commission's Web site. The Commission will revise appropriate privacy requirements as necessary to include any entities and information added to the online public file in this proceeding.

    Needs and Uses: In 2012, the Commission replaced the decades-old requirement that commercial and noncommercial television stations maintain public files at their main studios with a requirement to post most of the documents in those files to a central, online public file hosted by the Commission. On January 28, 2016, the Commission adopted a Report and Order (“R&O”) in MB Docket No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, expanding the requirement that public inspection files be posted to the FCC-hosted online public file database to satellite TV (also referred to as “Direct Broadcast Satellite” or “DBS”) providers and to satellite radio (also referred to as “satellite Digital Audio Radio Services” or “SDARS”) licensees, among other entities. The Commission stated that its goal is to make information that these entities are already required to make publicly available more accessible while also reducing costs both for the government and the public sector. The Commission took the same general approach to transitioning these entities to the online file that it took with television broadcasters in 2012, tailoring the requirements as necessary to the different services. The Commission also took similar measures to minimize the effort and cost entities must undertake to move their public files online. Specifically, the Commission required entities to upload to the online public file only documents that are not already on file with the Commission or that the Commission maintains in its own database. The Commission also exempted existing political file material from the online file requirement and required that political file documents be uploaded only on a going-forward basis.

    The Commission first adopted a public inspection file requirement for broadcasters more than 40 years ago. The public file requirement grew out of Congress' 1960 amendment of Sections 309 and 311 of the Communications Act of 1934. Finding that Congress, in enacting these provisions, was guarding “the right of the general public to be informed, not merely the rights of those who have special interests,” the Commission adopted the public inspection file requirement to “make information to which the public already has a right more readily available, so that the public will be encouraged to play a more active part in dialogue with broadcast licensees.” The information provided in the public file enables citizens to engage in an informed dialog with their local video provider or to file complaints regarding provider operations. Satellite TV (also known as “Direct Broadcast Satellite” or “DBS”) providers and satellite radio (also referred to as “Satellite Digital Audio Radio Services” or “SDARS”) licensees have public and political file requirements modeled, in large part, on the longstanding broadcast requirements. With respect to DBS providers, the Commission adopted public and political inspection file requirements in 1998 in conjunction with the imposition of certain public interest obligations, including political broadcasting requirements, on those entities. DBS providers were required to “abide by political file obligations similar to those requirements placed on terrestrial broadcasters and cable systems” and were also required to maintain a public file with records relating to other DBS public interest obligations. The Commission imposed equal employment opportunity and political broadcast requirements on SDARS licensees in 1997, noting that the rationale behind imposing these requirements on broadcasters also applies to satellite radio.

    47 CFR 25.701(d) requires each DBS provider to keep and permit public inspection of a complete and orderly record (political file) of all requests for DBS origination time made by or on behalf of candidates for public office, together with an appropriate notation showing the disposition made by the provider of such requests, and the charges made, if any, if the request is granted. The disposition includes the schedule of time purchased, when the spots actually aired, the rates charged, and the classes of time purchased. Also, when free time is provided for use by or on behalf of candidates, a record of the free time provided is to be placed in the political file. All records required to be retained by this section must be placed in the political file as soon as possible and retained for a period of two years. DBS providers must make available, by fax, email, or by mail upon telephone request, copies of documents in their political files and assist callers by answering questions about the contents of their political files. If a requester prefers access by mail, the DBS provider must pay for postage but may require individuals requesting documents to pay for photocopying. If a DBS provider places its political file on its Web site, it may refer the public to the Web site in lieu of mailing copies.

    Any material required to be maintained in the political file must be made available to the public by either mailing or Web site access or both.

    The R&O changes 47 CFR 25.701(d) to require DBS providers to place all new political file material required to be retained by this section in the online file hosted by the Commission. The R&O also eliminates the requirement that DBS providers honor requests by telephone for copies of political file materials if those materials are made available online.

    47 CFR 25.701(f)(6) requires each DBS provider to maintain a public file containing a complete and orderly record of quarterly measurements of: channel capacity and yearly average calculations on which it bases its four percent reservation, as well as its responses to any capacity changes; a record of entities to whom noncommercial capacity is being provided, the amount of capacity being provided to each entity, the conditions under which it is being provided and the rates, if any, being paid by the entity; and a record of entities that have requested capacity, disposition of those requests and reasons for the disposition. All records required by this provision must be placed in a file available to the public as soon as possible and be retained for a period of two years.

    The R&O changes 47 CFR 25.701(f)(6) to require DBS providers to place all public file material required to be retained by this section in the online file hosted by the Commission. The R&O also requires that each DBS provider place in the online file the records required to be placed in the public inspection file by 47 CFR 25.701(e)(commercial limits in children's programs) and by 47 CFR 25.601 and Part 76, Subpart E (equal employment opportunity requirements) and retain those records for the period required by those rules. In addition, the R&O requires each DBS provider to provide a link to the public inspection file hosted on the Commission's Web site from the home page of its own Web site, if the provider has a Web site, and provide on its Web site contact information for a representative who can assist any person with disabilities with issues related to the content of the public files. Each DBS provider is also required to include in the online public file the name, phone number, and email address of the licensee's designated contact for questions about the public file. In addition, each DBS provider must place the address of the provider's local public file in the Commission's online file unless the provider has fully transitioned to the FCC's online public file (e.g., posts to the FCC's online file database all public and political file material required to be maintained in the public inspection file) and also provides online access via the provider's own Web site to back-up political file material in the event the online file becomes temporarily unavailable.

    47 CFR 25.702. The R&O adds this new rule. New 47 CFR 25.702(b) requires each SDARS licensee to maintain a complete and orderly record (political file) of all requests for SDARS origination time made by or on behalf of candidates for public office, together with the disposition made by the provider of such requests, and the charges made, if any, if the request is granted. The disposition must include the schedule of time purchased, when the spots actually aired, the rates charged, and the classes of time purchased. Also, when free time is provided for use by or on behalf of candidates, a record of the free time provided is to be placed in the political file. SDARS licensees are required to place all records required by this section in the political file as soon as possible and retain the record for a period of two years.

    New 47 CFR 25.702(c) requires each SDARS applicant or licensee to place in the online file hosted by the Commission the records required to be placed in the public inspection file by 47 CFR 25.601 and 73.2080 (equal employment opportunities) and to retain those records for the period required by those rules. Each SDARS licensee must provide a link to the public inspection file hosted on the Commission's Web site from the home page of its own Web site, if the licensee has a Web site, and provide on its Web site contact information for a representative who can assist any person with disabilities with issues related to the content of the public files. Each SDARS licensee is also required to include in the online public file the name, phone number, and email address of the licensee's designated contact for questions about the public file. In addition, each SDARS licensee must place the address of the provider's local public file in the Commission's online file unless the provider has fully transitioned to the FCC's online public file (i.e., posts to the Commission's online public file all public and political file material required to be maintained in the public inspection file) and also provides online access via the licensee's own Web site to back-up political file material in the event the online file becomes temporarily unavailable.

    OMB Control Number: 3060-0214.

    Title: Sections 73.3526 and 73.3527, Local Public Inspection Files; Sections 76.1701 and 73.1943, Political Files.

    Form Numbers: None.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for profit entities; Not for profit institutions; State, Local or Tribal government; Individuals or households.

    Number of Respondents/Responses: 24,962 respondents; 64,374 responses.

    Estimated Hours per Response: 1-52 hours per response.

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

    Total Annual Burden: 2.093,149 hours.

    Total Annual Cost: $3,653,372.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 151, 152, 154, (i) 303, 307 and 308 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Act Assessment: The Commission prepared a system of records notice (SORN), FCC/MB-2, “Broadcast Station Public Inspection Files,” that covers the PII contained in the broadcast station public inspection files located on the Commission's Web site. The Commission will revise appropriate privacy requirements as necessary to include any entities and information added to the online public file in this proceeding.

    Needs and Uses: In 2012, the Commission replaced the decades-old requirement that commercial and noncommercial television stations maintain public files at their main studios with a requirement to post most of the documents in those files to a central, online public file hosted by the Commission. On January 28, 2016, the Commission adopted a Report and Order (“R&O”) in MB Docket No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees. The R&O expands the requirement that public inspection files be posted to an FCC-hosted online public file database to cable operators, satellite TV (also referred to as “Direct Broadcast Satellite” or “DBS”) providers, broadcast radio licensees, and satellite radio (also referred to as “Satellite Digital Audio Radio Services” or “SDARS”) licensees. The Commission stated that its goal is to make information that these entities are already required to make publicly available more accessible while also reducing costs both for the government and the public sector. The Commission took the same general approach to transitioning these entities to the online file that it took with television broadcasters in 2012, tailoring the requirements as necessary to the different services. The Commission also took similar measures to minimize the effort and cost entities must undertake to move their public files online. Specifically, the Commission required entities to upload to the online public file only documents that are not already on file with the Commission or that the Commission maintains in its own database. The Commission also exempted existing political file material from the online file requirement and required that political file documents be uploaded only on a going-forward basis.

    With respect to broadcast radio licensees, the Commission commenced the transition to an online file with commercial stations in larger markets with five or more full-time employees, while postponing temporarily all online file requirements for other radio stations. The R&O also requires stations to provide information to the online file regarding the location of the station's main studio.

    With respect to cable operator public file requirements, the R&O phased-in the requirement to commence uploading political file documents to the online file for smaller cable systems and exempted cable systems with fewer than 1,000 subscribers from all online public file requirements.

    OMB Control Number: 3060-0316.

    Title: 47 CFR Sections 76.1700, Records to be maintained locally by Cable System Operators; 76.1702, Equal Employment Opportunity; 76.1703, Commercial Records on Children's Programs; 76.1707, Leased Access; 76.1711, Emergency Alert System (EAS) Tests and Activation.

    Form Number: Not applicable.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for profit entities.

    Number of Respondents/Responses: 3,000 respondents; 3,000 responses.

    Estimated Hours per Response: 18 hours.

    Frequency of Response: Recordkeeping requirement.

    Total Annual Burden: 54,000 hours.

    Total Annual Cost: $591,840.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in Sections 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 339, 340, 341, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, and 573 of the Communications Act of 1934, as amended.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Act Assessment: The Commission prepared a system of records notice (SORN), FCC/MB-2, “Broadcast Station Public Inspection Files,” that covers the PII contained in the broadcast station public inspection files located on the Commission's Web site. The Commission will revise appropriate privacy requirements as necessary to include any entities and information added to the online public file in this proceeding.

    Needs and Uses: The Commission is revising this collection to reflect the Commission's adoption of a Report and Order (“R&O”) in MB Docket No. 14-127, FCC 16-4, In the Matter of Expansion of Online Public File Obligations to Cable and Satellite TV Operators and Broadcast and Satellite Radio Licensees, adopted on January 28, 2016. The R&O revised 47 CFR Sections 76.1700 and 76.1702(a).

    The R&O expands to cable operators the requirement that public inspection files be posted to an FCC- hosted online public file database. The Commission stated that its goal is to make information that these entities are already required to make publicly available more accessible while also reducing costs both for the government and the public sector. The Commission took the same general approach to transitioning cable operators to the online file that it took with television broadcasters in 2012, tailoring the requirements as necessary to the different services. The Commission also took similar measures to minimize the effort and cost entities must undertake to move their public files online. Specifically, the Commission required cable operators to upload to the online public file only documents that are not already on file with the Commission or that the Commission maintains in its own database. The Commission also exempted existing political file material from the online file requirement and required that political file documents be uploaded only on a going-forward basis.

    Section 76.1700 addresses the records to be maintained by cable system operators. The R&O revised Section 76.1700 to require that cable operators maintain their public inspection file online on the Web site hosted by the FCC. In addition, the Commission reorganized Section 76.1700 to more clearly address which records must be maintained in the public inspection file versus those that must be made available to the Commission or franchising authority upon request. Among other changes, the Commission clarified that proof-of-performance test data and signal leakage logs and repair data must be made available only to the Commission and, in the case of proof-of-performance test data, also to the franchisor, and not to the public. Accordingly, this information is not required to be included in the public inspection file or in the online public inspection file.

    The Commission phased-in the requirement to commence uploading political file documents to the online file for smaller cable systems and exempted cable systems with fewer than 1,000 subscribers from all online public file requirements. The R&O also made several minor additional changes to the existing cable public file requirements—it requires operators, when first establishing their online public file, to provide a list of the zip codes served by the system and requires them to identify the employment unit(s) associated with the system. The R&O also requires cable systems to provide the contact information for their local file. In addition, each cable system must place the address of its local public file in the Commission's online file unless the system has fully transitioned to the FCC's online public file (i.e., posts to the Commission's online public file all public and political file material required to be maintained in the public inspection file) and also provides online access via the system's own Web site to back-up political file material in the event the online file becomes temporarily unavailable.

    Apart from these minor exceptions, the R&O does not adopt new or modified public inspection file requirements. The Commission's goal was simply to adapt the existing cable public file requirements to an online format.

    47 CFR 76.1700 requires cable system operators to place the public inspection file materials required to be retained by the following rules in the online public file hosted by the Commission, with the exception of existing political file material which cable systems may continue to retain in their local public file until the end of the retention period: 76.1701 (political file), 76.1702 (EEO), 76.1703 (commercial records for children's programming), 76.1705 (performance tests—channels delivered); 76.1707 (leased access); and 76.1709 (availability of signals), 76.1710 (operator interests in video programming), 76.1715 (sponsorship identification), and 76.630 (compatibility with consumer electronics equipment. Cable systems with fewer than 5,000 subscribers may continue to retain their political file locally and are not required to upload new political file material to the online public file until March 1, 2018. In addition, cable systems may elect to retain the material required by 76.1708 (principal headend) locally rather than placing this material in the online public file.

    47 CFR 76.1700(b) requires cable system operators to make the records required to be retained by the following rules available to local franchising authorities: 76.1704 (proof-of-performance test data) and 76.1713 (complaint resolution).

    47 CFR 76.1700(c) requires cable system operators to make the records required to be retained by the following rules available to the Commission: 76.1704 (proof-of-performance test data), 76.1706 (signal leakage logs and repair records), 76.1711 (emergency alert system and activations), 76.1713 (complaint resolution), and 76.1716 (subscriber records).

    47 CFR 76.1700(d) exempts cable television systems having fewer than 1,000 subscribers from the online public file and the public inspection requirements contained in 47 CFR 76.1701 (political file); 76.1702 (equal employment opportunity); 76.1703 (commercial records for children's programming); 76.1704 (proof-of-performance test data); 76.1706 (signal leakage logs and repair records); and 76.1715 (sponsorship identifications).

    47 CFR 76.1700(e) requires that public file material that continues to be retained at the system be retained in a public inspection file maintained at the office which the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business or at any accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). Public files must be available for public inspection during regular business hours.

    47 CFR 76.1700(f) requires cable systems to provide a link to the public inspection file hosted on the Commission's Web site from the home page of its own Web site, if the system has a Web site, and provide contact information on its Web site for a system representative who can assist any person with disabilities with issues related to the content of the public files. A system also is required to include in the online public file the address of the system's local public file, if the system retains documents in the local file that are not available in the Commission's online file, and the name, phone number, and email address of the system's designated contact for questions about the public file. In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the system.

    47 CFR 76.1700(g) requires that cable operators make any material in the public inspection file that is not also available in the Commission's online file available for machine reproduction upon request made in person, provided the requesting party shall pay the reasonable cost of reproduction. Requests for machine copies must be fulfilled at a location specified by the system operator, within a reasonable period of time, which in no event shall be longer than seven days. The system operator is not required to honor requests made by mail but may do so if it chooses.

    47 CFR 76.1702(a) requires that every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission and the equal employment opportunity program information described in 47 76.1702(b). These materials shall be placed in the Commission's online public inspection file for each cable system associated with the employment unit. These materials must be placed in the Commission's online public inspection file annually by the date that the unit's EEO program annual report is due to be filed and shall be retained for a period of five years. A headquarters employment unit file and a file containing a consolidated set of all documents pertaining to the other employment units of a multichannel video programming distributor that operates multiple units shall be maintained in the Commission's online public file for every cable system associated with the headquarters employment unit.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-04118 Filed 2-25-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0292] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. 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 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 Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before April 26, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicole Ongele, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0292.

    Title: Section 69.605, Reporting and Distribution of Pool Access Revenues, Part 69-Access Charges.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit.

    Number of Respondents and Responses: 1,064 respondents; 12,757 responses.

    Estimated Time per Response: 0.75 hours-1 hour.

    Frequency of Response: Annual and monthly reporting requirements and third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 154, 201, 202, 203, 205, 218 and 403 of the Communications Act of 1934, as amended.

    Total Annual Burden: 9,568 hours.

    Total Annual Cost: No cost.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality.

    Needs and Uses: The Commission is requesting approval for an extension (no change in the reporting and/or third party disclosure requirements).

    Due to consolidation in the telecommunications marketplace, there is a decrease in the Commission's burden estimates. Section 69.605 requires that access revenues and cost data shall be reported by participants in association tariffs to the association for computation of monthly pool revenues distributions. The association shall submit a report on or before February 1 of each calendar year describing the associations' cost study review process for the preceding calendar year as well as the results of that process. For any revisions to the cost study results made or recommended by the association that would change the respective carrier's calculated annual common line or traffic sensitive revenue requirement by ten percent or more, the report shall include the following information:

    (1) Name of the carrier;

    (2) A detailed description of the revisions;

    (3) The amount of the revisions;

    (4) The impact of the revisions on the carrier's calculated common line and traffic sensitive revenue requirements; and

    (5) The carrier's total annual common line and traffic sensitive revenue requirement. The information is used to compute charges in tariffs for access service (or origination and termination) and to compute revenue pool distributions. Neither process could be implemented without the information.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2016-04131 Filed 2-25-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than March 24, 2016.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Royal Financial, Inc., Chicago, Illinois; to merge with Park Bancorp, Inc., and indirectly acquire Park Federal Savings Bank, both in Chicago, Illinois, and thereby engage in operating a savings association, pursuant to section 225.28(b)(4)(ii).

    Board of Governors of the Federal Reserve System, February 23, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-04132 Filed 2-25-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL TRADE COMMISSION [File No. 142-3156] ASUSTeK Computer, Inc.; Analysis of Proposed Consent Order To Aid Public Comment AGENCY:

    Federal Trade Commission.

    ACTION:

    Proposed Consent Agreement.

    SUMMARY:

    The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.

    DATES:

    Comments must be received on or before March 24, 2016.

    ADDRESSES:

    Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/asusconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write “ASUSTeK Computer Inc.,—Consent Agreement; File No. 142-3156” on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/asusconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write “ASUSTeK Computer Inc.,—Consent Agreement; File No. 142-3156” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Nithan Sannappa (202) 326-3185 or Jarad Brown (202) 326-2927, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for February 23, 2016), on the World Wide Web at: http://www.ftc.gov/os/actions.shtm.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before March 24, 2016. Write “ASUSTeK Computer Inc.,—Consent Agreement; File No. 142-3156” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site.

    Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any “[t]rade secret or any commercial or financial information which . . . is privileged or confidential,” as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.

    If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest.

    1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c).

    Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/asusconsent by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.

    If you file your comment on paper, write “ASUSTeK Computer Inc.,—Consent Agreement; File No. 142-3156” on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.

    Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before March 24, 2016. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final approval, a consent order applicable to ASUSTeK Computer, Inc. (“ASUS”).

    The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreement's proposed order.

    ASUS is a hardware manufacturer that, among other things, sells routers, and related software and services, intended for consumer use. Routers forward data packets along a network. In addition to routing network traffic, consumer routers typically function as a hardware firewall for the local network, and act as the first line of defense in protecting consumer devices on the local network, such as computers, smartphones, internet-protocol (“IP”) cameras, and other connected appliances, against malicious incoming traffic from the internet. ASUS marketed its routers as including security features such as “intrusion detection,” and instructed consumers to “enable the [router's] firewall to protect your local network against attacks from hackers.”

    Many of ASUS's routers also include “cloud” software features called AiCloud and AiDisk that allow consumers to attach a USB storage device to their router and then wirelessly access and share files. ASUS publicized AiCloud as a “private personal cloud for selective file sharing” that featured “indefinite storage and increased privacy” and described the feature as “the most complete, accessible, and secure cloud platform.” Similarly, ASUS promoted AiDisk as a way to “safely secure and access your treasured data through your router.”

    The Commission's complaint alleges that, despite these representations, ASUS engaged in a number of practices that, taken together, failed to provide reasonable security in the design and maintenance of the software developed for its routers and related “cloud” features. The complaint challenges these failures as both deceptive and unfair. Among other things, the complaint alleges that ASUS failed to:

    a. Perform security architecture and design reviews to ensure that the software is designed securely, including failing to:

    i. Use readily-available secure protocols when designing features intended to provide consumers with access to their sensitive personal information. For example, ASUS designed the AiDisk feature to use FTP rather than a protocol that supports transit encryption;

    ii. implement secure default settings or, at the least, provide sufficient information that would ensure that consumers did not unintentionally expose sensitive personal information;

    iii. prevent consumers from using weak default login credentials. For example, respondent allowed consumers to retain weak default login credentials to protect critical functions, such as username “admin” and password “admin” for the admin console, and username “Family” and password “Family” for the AiDisk FTP server;

    b. perform reasonable and appropriate code review and testing of the software to verify that access to data is restricted consistent with a user's privacy and security settings;

    c. perform vulnerability and penetration testing of the software, including for well-known and reasonably foreseeable vulnerabilities that could be exploited to gain unauthorized access to consumers' sensitive personal information and local networks, such as authentication bypass, clear-text password disclosure, cross-site scripting, cross-site request forgery, and buffer overflow vulnerabilities;

    d. implement readily-available, low-cost protections against well-known and reasonably foreseeable vulnerabilities, as described in (c), such as input validation, anti-CSRF tokens, and session time-outs;

    e. maintain an adequate process for receiving and addressing security vulnerability reports from third parties such as security researchers and academics;

    f. perform sufficient analysis of reported vulnerabilities in order to correct or mitigate all reasonably detectable instances of a reported vulnerability, such as those elsewhere in the software or in future releases; and

    g. provide adequate notice to consumers regarding (i) known vulnerabilities or security risks, (ii) steps that consumers could take to mitigate such vulnerabilities or risks, and (iii) the availability of software updates that would correct or mitigate the vulnerabilities or risks.

    The Complaint further alleges that, due to these failures, ASUS has subjected its customers to a significant risk that their sensitive personal information and local networks will be subject to unauthorized access. For example, on or before February 1, 2014, a group of hackers exploited vulnerabilities and design flaws in ASUS's routers to gain unauthorized access to thousands of consumers' USB storage devices. Numerous consumers reported having their routers compromised, and some complained that a major search engine had indexed the files that the vulnerable routers had exposed, making them easily searchable online. Others claimed to be the victims of related identity theft, including a consumer who claimed identity thieves had gained unauthorized access to his USB storage device, which contained his family's sensitive personal information, such as login credentials, social security numbers, dates of birth, and tax returns. According to the consumer, the identity thieves used this information to make thousands of dollars of fraudulent charges to his financial accounts, requiring him to cancel accounts and place a fraud alert on his credit report. In addition, in April 2015, a malware researcher discovered a large-scale, active exploit campaign that reconfigured vulnerable routers so that the attackers could control and redirect consumers' web traffic. This exploit campaign specifically targeted numerous ASUS router models.

    The proposed consent order contains provisions designed to prevent ASUS from engaging in the future in practices similar to those alleged in the complaint. Part I of the proposed consent order prohibits ASUS from misrepresenting: (1) The extent to which it maintains and protects the security of any covered device (including routers), or the security, privacy, confidentiality, or integrity of any covered information; (2) the extent to which a consumer can use a covered device to secure a network; and (3) the extent to which a covered device is using up-to-date software.

    Part II of the proposed consent order requires ASUS to establish and implement, and thereafter maintain, a comprehensive security program that is reasonably designed to (1) address security risks related to the development and management of new and existing covered devices; and (2) protect the privacy, security, confidentiality, and integrity of covered information. The security program must contain administrative, technical, and physical safeguards appropriate to ASUS's size and complexity, nature and scope of its activities, and the sensitivity of the covered device's function or the sensitivity of the covered information. Specifically, the proposed order requires ASUS to:

    a. Designate an employee or employees to coordinate and be accountable for the information security program;

    b. identify material internal and external risks to the security of covered devices that could result in unauthorized access to or unauthorized modification of a covered device, and assess the sufficiency of any safeguards in place to control these risks;

    c. identify material internal and external risks to the privacy, security, confidentiality, and integrity of covered information that could result in the unintentional exposure of such information by consumers or the unauthorized disclosure, misuse, loss, alteration, destruction, or other compromise of such information, and assessment of the sufficiency of any safeguards in place to control these risks;

    d. consider risks in each area of relevant operation, including, but not limited to: (1) Employee training and management, including in secure engineering and defensive programming; (2) product design, development, and research; (3) secure software design, development, and testing, including for default settings; (4) review, assessment, and response to third-party security vulnerability reports, and (5) prevention, detection, and response to attacks, intrusions, or systems failures;

    e. design and implement reasonable safeguards to control the risks identified through risk assessment, including through reasonable and appropriate software security testing techniques, and regularly test or monitor the effectiveness of the safeguards' key controls, systems, and procedures;

    f. develop and use reasonable steps to select and retain service providers capable of maintaining security practices consistent with the order, and require service providers by contract to implement and maintain appropriate safeguards; and

    g. evaluate and adjust its information security program in light of the results of testing and monitoring, any material changes to ASUS's operations or business arrangement, or any other circumstances that it knows or has reason to know may have a material impact on its security program.

    Part III of the proposed consent order requires ASUS to obtain, within the first one hundred eighty (180) days after service of the order and on a biennial basis thereafter for a period of twenty (20) years, an assessment and report from a qualified, objective, independent third-party professional, certifying, among other things, that: (1) It has in place a security program that provides protections that meet or exceed the protections required by Part II of the proposed consent order; and (2) its security program is operating with sufficient effectiveness to provide reasonable assurance that the security of covered devices and the privacy, security, confidentiality, and integrity of covered information is protected.

    Part IV of the proposed consent order requires ASUS to provide clear and conspicuous notice to consumers when a software update for a covered device that addresses a security flaw is available or when ASUS is aware of reasonable steps that a consumer could take to mitigate a security flaw in a covered device. In addition to posting notice on its Web site and informing consumers that contact the company, ASUS must provide security-related notifications directly to consumers. For this purpose, ASUS must provide consumers with an opportunity to register an email address, phone number, device, or other information during the initial setup or configuration of a covered device.

    Parts V through IX of the proposed consent order are reporting and compliance provisions. Part V requires ASUS to retain documents relating to its compliance with the order. The order requires that materials relied upon to prepare the assessments required by Part III be retained for a three-year period, and that all other documents related to compliance with the order be retained for a five-year period. Part VI requires dissemination of the order now and in the future to all current and future subsidiaries, current and future principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having supervisory responsibilities relating to the subject matter of the order. Part VII ensures notification to the FTC of changes in corporate status. Part VIII mandates that ASUS submit a compliance report to the FTC within 60 days, and periodically thereafter as requested. Part IX is a provision “sunsetting” the order after (20) years, with certain exceptions.

    The purpose of this analysis is to facilitate public comment on the proposed consent order. It is not intended to constitute an official interpretation of the proposed complaint or consent order or to modify the consent order's terms in any way.

    By direction of the Commission.

    Donald S. Clark, Secretary.
    [FR Doc. 2016-04190 Filed 2-25-16; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3331-N] Medicare Program; Meeting of the Medicare Evidence Development and Coverage Advisory Committee—April 27, 2016 AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice of meeting.

    SUMMARY:

    This notice announces that a public meeting of the Medicare Evidence Development & Coverage Advisory Committee (MEDCAC) (“Committee”) will be held on Wednesday, April 27, 2016. This meeting will specifically focus on obtaining the MEDCAC's recommendations regarding the definition of treatment resistant depression (TRD) as well as to advise CMS on the use of the definition of TRD in the context of coverage with evidence development and treatment outcomes. This meeting is open to the public in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)).

    DATES:

    Meeting Date: The public meeting will be held on Wednesday, April 27, 2016 from 7:30 a.m. until 4:30 p.m., Eastern Daylight Time (EDT).

    Deadline for Submission of Written Comments: Written comments must be received at the address specified in the ADDRESSES section of this notice by 5:00 p.m., EDT, Monday, March 28, 2016. Once submitted, all comments are final.

    Deadlines for Speaker Registration and Presentation Materials: The deadline to register to be a speaker and to submit PowerPoint presentation materials and writings that will be used in support of an oral presentation is 5:00 p.m., EDT on Monday, March 28, 2016. Speakers may register by phone or via email by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice. Presentation materials must be received at the address specified in the ADDRESSES section of this notice.

    Deadline for All Other Attendees Registration: Individuals may register online at http://www.cms.gov/apps/events/upcomingevents.asp?strOrderBy=1&type=3 or by phone by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice by 5:00 p.m. EDT, Wednesday, April 20, 2016.

    We will be broadcasting the meeting live via Webcast at http://www.cms.gov/live/.

    Deadline for Submitting a Request for Special Accommodations: Persons attending the meeting who are hearing or visually impaired, or have a condition that requires special assistance or accommodations, are asked to contact the Executive Secretary as specified in the FOR FURTHER INFORMATION CONTACT section of this notice no later than 5:00 p.m., EDT Friday, April 1, 2016.

    ADDRESSES:

    Meeting Location: The meeting will be held in the main auditorium of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244.

    Submission of Presentations and Comments: Presentation materials and written comments that will be presented at the meeting must be submitted via email to [email protected] or by regular mail to the contact listed in the FOR FURTHER INFORMATION CONTACT section of this notice by the date specified in the DATES section of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Maria Ellis, Executive Secretary for MEDCAC, Centers for Medicare & Medicaid Services, Center for Clinical Standards and Quality, Coverage and Analysis Group, S3-02-01, 7500 Security Boulevard, Baltimore, MD 21244 or contact Ms. Ellis by phone (410-786-0309) or via email at [email protected]

    SUPPLEMENTARY INFORMATION: I. Background

    MEDCAC, formerly known as the Medicare Coverage Advisory Committee (MCAC), is advisory in nature, with all final coverage decisions resting with CMS. MEDCAC is used to supplement CMS' internal expertise. Accordingly, the advice rendered by the MEDCAC is most useful when it results from a process of full scientific inquiry and thoughtful discussion, in an open forum, with careful framing of recommendations and clear identification of the basis of those recommendations. MEDCAC members are valued for their background, education, and expertise in a wide variety of scientific, clinical, and other related fields. (For more information on MCAC, see the MEDCAC Charter (http://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/Downloads/medcaccharter.pdf) and the CMS Guidance Document, Factors CMS Considers in Referring Topics to the MEDCAC (http://www.cms.gov/medicare-coverage-database/details/medicare-coverage-document-details.aspx?MCDId=10)).

    II. Meeting Topic and Format

    This notice announces the Wednesday, April 27, 2016, public meeting of the Committee. During this meeting, the Committee will discuss recommendations regarding the definition of treatment resistant depression (TRD) and provide advice to CMS on the use of the definition of TRD in the context of coverage with evidence development and treatment outcomes. Background information about this topic, including panel materials, is available at http://www.cms.gov/medicare-coverage-database/indexes/medcac-meetings-index.aspx?bc=BAAAAAAAAAAA&. We will no longer be providing paper copies of the handouts for the meeting. Electronic copies of all the meeting materials will be on the CMS Web site no later than 2 business days before the meeting. We encourage the participation of appropriate organizations with expertise in TRD clinical research. This meeting is open to the public. The Committee will hear oral presentations from the public for approximately 45 minutes. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, we may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by April 4, 2016. Your comments should focus on issues specific to the list of topics that we have proposed to the Committee. The list of research topics to be discussed at the meeting will be available on the following Web site prior to the meeting: http://www.cms.gov/medicare-coverage-database/indexes/medcac-meetings-index.aspx?bc=BAAAAAAAAAAA&. We require that you declare at the meeting whether you have any financial involvement with manufacturers (or their competitors) of any items or services being discussed. Speakers presenting at the MEDCAC meeting should include a full disclosure slide as their second slide in their presentation for financial interests (for example, type of financial association—consultant, research support, advisory board, and an indication of level, such as minor association < $10,000 or major association > $10,000) as well as intellectual conflicts of interest (for example, involvement in a federal or nonfederal advisory committee that has discussed the issue) that may pertain in any way to the subject of this meeting. If you are representing an organization, we require that you also disclose conflict of interest information for that organization. If you do not have a PowerPoint presentation, you will need to present the full disclosure information requested previously at the beginning of your statement to the Committee.

    The Committee will deliberate openly on the topics under consideration. Interested persons may observe the deliberations, but the Committee will not hear further comments during this time except at the request of the chairperson. The Committee will also allow a 15-minute unscheduled open public session for any attendee to address issues specific to the topics under consideration. At the conclusion of the day, the members will vote and the Committee will make its recommendation(s) to CMS.

    III. Registration Instructions

    CMS' Coverage and Analysis Group is coordinating meeting registration. While there is no registration fee, individuals must register to attend. You may register online at http://www.cms.gov/apps/events/upcomingevents.asp?strOrderBy=1&type=3 or by phone by contacting the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice by the deadline listed in the DATES section of this notice. Please provide your full name (as it appears on your state-issued driver's license), address, organization, telephone number(s), fax number, and email address. You will receive a registration confirmation with instructions for your arrival at the CMS complex or you will be notified that the seating capacity has been reached.

    IV. Security, Building, and Parking Guidelines

    This meeting will be held in a federal government building; therefore, federal security measures are applicable. The Real ID Act, enacted in 2005, establishes minimum standards for the issuance of state-issued driver's licenses and identification (ID) cards. It prohibits Federal agencies from accepting an official driver's license or ID card from a state unless the Department of Homeland Security determines that the state meets these standards. Beginning October 2015, photo IDs (such as a valid driver's license) issued by a state or territory not in compliance with the Real ID Act will not be accepted as identification to enter Federal buildings. Visitors from these states/territories will need to provide alternative proof of identification (such as a valid passport) to gain entrance into CMS buildings. The current list of states from which a Federal agency may accept driver's licenses for an official purpose is found at http://www.dhs.gov/real-id-enforcement-brief. We recommend that confirmed registrants arrive reasonably early, but no earlier than 45 minutes prior to the start of the meeting, to allow additional time to clear security. Security measures include the following:

    • Presentation of government-issued photographic identification to the Federal Protective Service or Guard Service personnel.

    • Inspection of vehicle's interior and exterior (this includes engine and trunk inspection) at the entrance to the grounds. Parking permits and instructions will be issued after the vehicle inspection.

    • Inspection, via metal detector or other applicable means, of all persons entering the building. We note that all items brought into CMS, whether personal or for the purpose of presentation or to support a presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for presentation or to support a presentation.

    Note: Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building earlier than 45 minutes prior to the convening of the meeting.

    All visitors must be escorted in areas other than the lower and first floor levels in the Central Building.

    V. Collection of Information

    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. Chapter 35).

    Authority:

    5 U.S.C. App. 2, section 10(a).

    Dated: February 18, 2016. Kate Goodrich, Director, Center for Clinical Standards and Quality, Centers for Medicare & Medicaid Services.
    [FR Doc. 2016-04088 Filed 2-25-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10407] Agency Information Collection Activities: Submission for OMB Review; Comment Request 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: (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 on the collection(s) of information must be received by the OMB desk officer by March 28, 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: Summary of Benefits and Coverage and Uniform Glossary; Use: The Affordable Care Act amends the Public Health Service Act (PHS Act) by adding section 2715 “Development and Utilization of Uniform Explanation of Coverage Documents and Standardized Definitions.” This section directs the Secretary, in consultation with the National Association of Insurance Commissioners (NAIC) and a working group comprised of stakeholders, to develop standards for use by a group health plan and a health insurance issuer in compiling and providing to applicants, enrollees, and policyholders and certificate holders a summary of benefits and coverage (SBC) explanation that accurately describes the benefits and coverage under the applicable plan or coverage. Section 2715 also requires 60-days advance notice of any material modification in any of the terms of the plan or coverage that is not reflected in the most recently provided summary and the development of standards for the definitions of terms used in health insurance coverage.

    This information collection will ensure that approximately 90 million consumers shopping for or enrolled in private, individually purchased, or non-federal governmental group health plan coverage receive the consumer protections of the Affordable Care Act. Employers, employees, and individuals will use this information to compare coverage options prior to selecting coverage and to understand the terms of, and extent of medical benefits offered by, their coverage (or exceptions to such coverage or benefits) once they have coverage. The Departments received comments in response to the ICR and they have been addressed in the Appendix. Form Number: CMS-10407 (OMB Control Number: 0938-1146); Frequency: Annually; Affected Public: State, Local, or Tribal Governments, Private Sector; Number of Respondents: 126,544; Total Annual Responses: 41,154,000; Total Annual Hours: 324,853. (For policy questions regarding this collection contact Michelle Koltov at (301) 492-4225).

    Date: February 24, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-04318 Filed 2-25-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Head Start Grant Application and Budget Instruments.

    OMB No.: 0970-0207.

    Description: The Office of Head Start is proposing to renew, without changes, the Head Start Grant Application and Budget Instrument, which standardizes the grant application information that is requested from all Head Start and Early Head Start grantees applying for continuation grants. The application and budget forms are available in a password-protected, Web-based system. Completed applications can be transmitted electronically to Regional and Central Offices. The Administration for Children and Families believes that this application form makes the process of applying for Head Start program grants more efficient for applicants.

    Respondents: Head Start and Early Head Start grantees.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden hours
    HS grant and budget instrument 2,000 1 33 66,000

    Estimated Total Annual Burden Hours: 66,000.

    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, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF 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, Fax: 202-395-7285, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families. Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2016-04166 Filed 2-25-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2010-D-0350] Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Tobacco Retailers on Tobacco Retailer Training Programs AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. 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 of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of the guidance entitled “Tobacco Retailer Training Programs.”

    DATES:

    Submit either electronic or written comments on the collection of information by April 26, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2010-D-0350 for “Guidance for Tobacco Retailers on Tobacco Retailer Training Programs.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    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. “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 provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA'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 respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Information Request Regarding Guidance for Tobacco Retailers on Tobacco Retailer Training Programs—OMB Control Number 0910-0745—Extension

    The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) does not require retailers to implement retailer training programs. However, the statute does provide for lesser civil money penalties for violations of access, advertising, and promotion restrictions of regulations issued under section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)), as amended by the Tobacco Control Act, for retailers who have implemented a training program that complies with standards developed by FDA for such programs. FDA intends to issue regulations establishing standards for approved retailer training programs. In the interim, the guidance is intended to assist tobacco retailers in implementing effective training programs for employees.

    The guidance discusses the elements that should be covered in a training program, such as: (1) Federal laws restricting the access to, and the advertising and promotion of, cigarettes and smokeless tobacco products; (2) the health and economic effects of tobacco use, especially when the tobacco use begins at a young age; (3) written company policies against sales to minors; (4) identification of the tobacco products sold in the retail establishment that are subject to the Federal laws prohibiting their sale to persons under the age of 18; (5) age verification methods; (6) practical guidelines for refusing sales; and (7) testing to ensure that employees have the required knowledge. The guidance recommends that retailers require current and new employees to take a written test prior to selling tobacco products and that refresher training be provided at least annually and more frequently as needed. The guidance recommends that retailers maintain certain written records documenting that all individual employees have been trained and that retailers retain these records for 4 years in order to be able to provide evidence of a training program during the 48-month time period covered by the civil money penalty schedules in section 103(q)(2)(A) of the Tobacco Control Act.

    The guidance also recommends that retailers implement certain hiring and management practices as part of an effective retailer training program. The guidance suggests that applicants and current employees be notified both verbally and in writing of the importance of complying with laws prohibiting the sales of tobacco products to persons under the age of 18 and that they should be required to sign an acknowledgement stating that they have read and understand the information. In addition, FDA recommends that retailers implement an internal compliance check program and document the procedures and corrective actions for the program.

    FDA's estimate of the number of respondents in tables 1 and 2 of this document is based on data reported to the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA). According to the fiscal year 2009 Annual Synar Report, there are 372,677 total retail tobacco outlets in the 50 States, District of Columbia, and 8 U.S. territories that are accessible to youth (meaning that there is no State law restricting access to these outlets to individuals older than age 18). Inflating this number by about 10 percent to account for outlets in States that sell tobacco but are, by law, inaccessible to minors results in an estimated total number of tobacco outlets of 410,000. We assume that 75 percent of tobacco retailers already have some sort of training program for age and identification verification. We expect that some of those retailer training programs already meet the elements in the guidance, some retailers would update their training program to meet the elements in the guidance, and other retailers would develop a training program for the first time. Thus, we estimate that two-thirds of tobacco retailers would develop a training program that meets the elements in the guidance (66 percent of 410,000 = 270,600).

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Activity Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual
  • responses
  • Average
  • burden per
  • response
  • Total hours
    Develop training program 270,600 1 270,600 16 4,329,600 Develop written policy against sales to minors and employee acknowledgement 270,600 1 270,600 1 270,600 Develop internal compliance check program 270,600 1 270,600 8 2,164,800 Total 6,765,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Table 2—Estimated Annual Recordkeeping Burden 1 Activity Number of
  • recordkeepers
  • Number of
  • records per recordkeeper
  • Total annual records Average burden per
  • recordkeeper
  • Total hours
    Training program 270,600 4 1,082,400 0.25 (15 minutes) 270,600 Written policy against sales to minors and employee acknowledgement 270,600 4 1,082,400 0.10 (6 minutes) 108,240 Internal compliance check program 270,600 2 541,200 0.5 (30 minutes) 270,600 Total 649,440 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Dated: February 23, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-04176 Filed 2-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0001] Advisory Committee; Gastrointestinal Drugs Advisory Committee, Renewal AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; renewal of advisory committee.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the renewal of the Gastrointestinal Drugs Advisory Committee by the Commissioner of Food and Drugs (the Commissioner). The Commissioner has determined that it is in the public interest to renew the Gastrointestinal Drugs Advisory Committee for an additional 2 years beyond the charter expiration date. The new charter will be in effect until March 3, 2018.

    DATES:

    Authority for the Gastrointestinal Drugs Advisory Committee will expire on March 3, 2018, unless the Commissioner formally determines that renewal is in the public interest.

    FOR FURTHER INFORMATION CONTACT:

    Cindy Hong, Division of Advisory Committee and Consultant Management, Office of Executive Programs, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under 41 CFR 102-3.65 and approval by the Department of Health and Human Services under 45 CFR part 11 and by the General Services Administration, FDA is announcing the renewal of the Gastrointestinal Drugs Advisory Committee. The Committee is a discretionary Federal advisory committee established to provide advice to the Commissioner.

    The Committee advises the Commissioner or designee in discharging responsibilities as they relate to helping to ensure safe and effective drugs for human use and, as required, any other product for which the Food and Drug Administration has regulatory responsibility.

    The Committee reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products for use in the treatment of gastrointestinal diseases and makes appropriate recommendations to the Commissioner.

    The Committee shall consist of a core of 11 voting members including the Chair. Members and the Chair are selected by the Commissioner or designee from among authorities knowledgeable in the fields of gastroenterology, endocrinology, surgery, clinical pharmacology, physiology, pathology, liver function, motility, esophagitis, and statistics. Almost all non-Federal members of this committee serve as Special Government Employees. The core of voting members may include one technically qualified member, selected by the Commissioner or designee, who is identified with consumer interests and is recommended by either a consortium of consumer-oriented organizations or other interested persons. In addition to the voting members, the Committee may include one non-voting member who is identified with industry interests.

    Further information regarding the most recent charter and other information can be found at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/GastrointestinalDrugsAdvisoryCommittee/default.htm or by contacting the Designated Federal Officer (see FOR FURTHER INFORMATION CONTACT). In light of the fact that no change has been made to the committee name or description of duties, no amendment will be made to 21 CFR 14.100.

    This document is issued under the Federal Advisory Committee Act (5 U.S.C. app.). For general information related to FDA advisory committees, please visit us at http://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: February 22, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-04093 Filed 2-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request The Sister Study: A Prospective Study of the Genetic and Environmental Risk Factors for Breast Cancer (NIEHS) SUMMARY:

    Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on 02 December 2015, Vol. 80, page 75465 and allowed 60-days for public comment. No public comments were received The purpose of this notice is to allow an additional 30 days for public comment. The National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    Direct Comments to OMB: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: NIH Desk Officer.

    DATES:

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments or request more information on the proposed project contact: Dr. Dale P. Sandler, Chief, Epidemiology Branch, NIEHS, Rall Building A3-05, P.O. Box 12233, Research Triangle Park, NC 27709, or call non-toll free number (919)-541-4668 or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    Proposed Collection: Revision: The Sister Study: A Prospective Study of the Genetic and Environmental Risk Factors for Breast Cancer, 0925-0522, National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH).

    Need and Use of Information Collection: This is to continue the long-term follow-up of the Sister Study—a study of genetic and environmental risk factors for the development of breast cancer in a high-risk cohort of sisters of women who have had breast cancer. The etiology of breast cancer is complex, with both genetic and environmental factors likely playing a role. Environmental risk factors, however, have been difficult to identify. By focusing on genetically susceptible subgroups, more precise estimates of the contribution of environmental and other non-genetic factors to disease risk may be possible. Sisters of women with breast cancer are one group at increased risk for breast cancer; we would expect at least 2 times as many breast cancers to accrue in a cohort of sisters as would accrue in a cohort identified through random sampling or other means. In addition, a cohort of sisters should be enriched with regard to the prevalence of relevant genes and/or exposures, further enhancing the ability to detect gene-environment interactions. Sisters of women with breast cancer will also be at increased risk for ovarian cancer and possibly for other hormonally-mediated diseases. From August 2003 through July 2009, we enrolled a cohort of 50,884 women who had not had breast cancer. We estimated that after the cohort was fully enrolled, approximately 300 new cases of breast cancer will be diagnosed during each year of follow-up. Thus far 2,904 participants have reported being diagnosed with breast cancer.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 16,350.

    Estimated Annualized Burden Hours Activity Annual
  • number of
  • respondents
  • Number of reponses per
  • respondent
  • Average
  • burden per
  • response
  • (hours)
  • Total
  • burden hours per year
  • Annual Update 32,215 1 10/60 5,369 Follow-Up III (triennial) 16,108 1 40/60 10,739 Follow-Up III Telephone Prompting Script 4,832 * 1 3/60 242 Total per year 48,323 16,350 * These Respondents are included in the 16,108 for Follow-Up III, thus not added into Total Respondents per year.
    Dated: February 19, 2016. Jane Lambert, Project Clearance Liaison, NIEHS.
    [FR Doc. 2016-04179 Filed 2-25-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request: A Clearance for the Eunice Kennedy Shriver National Institute of Child Health and Human Development Data and Specimen Hub (DASH) SUMMARY:

    Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), the National Institutes of Health, has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on October 30, 2015 on pages 66913-4 and allowed 60-days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    Direct Comments to OMB: Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: NIH Desk Officer.

    DATES:

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 30 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, or request more information on the proposed project, contact: Rohan Hazra, M.D., Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), National Institutes of Health, 6100 Executive Blvd., Room 4B11, Bethesda, MD 20892-7510, or call non-toll-free number (301)-435-6868 or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    Proposed Collection: Data and Specimen Hub (DASH), 0925-NEW, Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), National Institutes of Health (NIH).

    Need and Use of Information Collection: The NICHD Data and Specimen Hub (DASH) is being established by NICHD as a data sharing mechanism for biomedical research investigators. It will serve as a centralized resource for investigators to store and access de-identified data from studies funded by NICHD. The potential for public benefit to be achieved through sharing research study data for secondary analysis is significant. NICHD DASH supports NICHD's mission to ensure that every person is born healthy and wanted, that women suffer no harmful effects from reproductive processes, and that all children have the chance to achieve their full potential for healthy and productive lives, free from disease or disability, and to ensure the health, productivity, independence, and well-being of all people through optimal rehabilitation. Data sharing and reuse will promote testing of new hypotheses from data already collected, facilitate trans-disciplinary collaboration, accelerate scientific findings and enable NICHD to maximize the return on its investments in research.

    Anyone can access NICHD DASH to browse and view descriptive information about the studies and data archived in NICHD DASH without creating an account. Users who wish to submit or request research study data must register for an account.

    Information will be collected from those wishing to create an account, sufficient to identify them as unique Users. Those submitting or requesting data will be required to provide additional supporting information to ensure proper use and security of NICHD DASH data. The information collected is limited to the essential data required to ensure that the management of Users in NICHD DASH is efficient and the sharing of data among investigators is effective. The primary uses of the information collected from Users by NICHD will be to:

    • Communicate with the Users with regards to their data submission or requests

    • Monitor data submissions and data requests

    • Notify interested recipients of updates to data stored in NICHD DASH

    • Help NICHD understand the use of NICHD DASH data by the research community

    There is no plan to publish the data collected under this request.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 142.

    Estimated Annualized Burden Hours Form Number of
  • respondents
  • Frequency of response Average time
  • per response
  • (in hours)
  • Total annual burden hour
    User Registration 120 1 5/60 10 Data Submission 36 1 2 72 Data Request 60 1 1 60 Total 120 216 142
    Dated: February 17, 2016. Sarah L. Glavin, Project Clearance Liaison, NICHD, NIH.
    [FR Doc. 2016-04178 Filed 2-25-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Cancer Institute Board of Scientific Advisors. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will also be videocast and can be accessed from the NIH Videocasting and Podcasting Web site (http://videocast.nih.gov/).

    Name of Committee: National Cancer Institute Board of Scientific Advisors.

    Date: March 29, 2016.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: Director's Report: Ongoing and New Business; Reports of Program Review Group(s); Budget Presentations; Reports of Special Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations.

    Place: National Institutes of Health, 31 Center Drive, Building 31, C-Wing, 6th Floor, Room 10, Bethesda, MD 20892.

    Contact Person: Paulette S. Gray, Ph.D., Director, Division of Extramural Activities, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, 7th Floor, Rm. 7W444, Bethesda, MD 20892, 240-276-6340, [email protected].

    Name of Committee: National Cancer Institute Board of Scientific Advisors.

    Date: March 30, 2016.

    Time: 8:30 a.m. to 12:00 p.m.

    Agenda: Director's Report: Ongoing and New Business; Reports of Program Review Group(s); Budget Presentations; Reports of Special Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations.

    Place: National Institutes of Health, 31 Center Drive, Building 31, C-Wing, 6th Floor, Room 10, Bethesda, MD 20892.

    Contact Person: Paulette S. Gray, Ph.D., Director, Division of Extramural Activities, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, 7th Floor, Rm. 7W444, Bethesda, MD 20892, 240-276-6340, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: http://deainfo.nci.nih.gov/advisory/bsa/bsa.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: February 22, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-04103 Filed 2-25-16; 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; Member Conflict: Immune Mechanisms.

    Date: March 4, 2016.

    Time: 3:00 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: Jian Wang, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4095D, MSC 7812, Bethesda, MD 20892, (301) 435-2778, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Neurochemistry.

    Date: March 7, 2016.

    Time: 1:00 p.m. to 2:30 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: Richard D. Crosland, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4190, MSC 7850, Bethesda, MD 20892, 301-435-1220, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Interventions to Prevent and Treat Addictions.

    Date: March 8, 2016.

    Time: 10:00 a.m. to 11:00 a.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Miriam Mintzer, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3108, Bethesda, MD 20892, 301-523-0646, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Clinical Molecular Imaging Probe Development.

    Date: March 9, 2016.

    Time: 3:30 p.m. to 4:30 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: David L. Williams, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5110, MSC 7854, Bethesda, MD 20892, (301) 435-1174, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, 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: February 22, 2016. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-04104 Filed 2-25-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Draft National Toxicology Program Monograph on Immunotoxicity Associated With Exposure to Perfluorooctanoic Acid or Perfluorooctane Sulfonate; Availability of Document; Request for Comments; Notice of Meeting SUMMARY:

    The notice announces a meeting to peer review the draft NTP monograph on immunotoxicity associated with exposure to perfluorooctanoic acid (PFOA) or perfluorooctane sulfonate (PFOS). The Office of Health Assessment and Translation, Division of the National Toxicology Program (DNTP), National Institute of Environmental Health Sciences (NIEHS), prepared the draft NTP monograph. The peer review meeting is open to the public. Registration is requested for both public attendance and oral comment and required to access the webcast. Information about the meeting and registration are available at http://ntp.niehs.nih.gov/go/36639.

    DATES:

    Meeting: July 19, 2016, 9:00 a.m. to approximately 2:00 p.m. Eastern Daylight Time (EDT).

    Document Availability: The draft NTP monograph should be available by June 7, 2016, at http://ntp.niehs.nih.gov/go/36639.

    Written Public Comment Submission: Deadline is July 5, 2016.

    Registration for Oral Comments: Deadline is July 12, 2016.

    Registration for Meeting and/or to View Webcast: Deadline is July 19, 2016. Registration to view the meeting via the webcast is required.

    ADDRESSES:

    Meeting Location: Rodbell Auditorium, Rall Building, NIEHS, 111 T.W. Alexander Drive, Research Triangle Park, NC 27709.

    Meeting Web page: The draft NTP monograph, preliminary agenda, registration, and other meeting materials will be available at http://ntp.niehs.nih.gov/go/36639.

    Webcast: The URL for viewing webcast will be provided to those who register.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Yun Xie, NTP Designated Federal Official, Office of Liaison, Policy, and Review, DNTP, NIEHS, P.O. Box 12233, MD K2-03, Research Triangle Park, NC 27709. Phone: (919) 541-3436, Fax: (301) 451-5455, Email: [email protected] Hand Delivery/Courier: 530 Davis Drive, Room 2161, Morrisville, NC 27560.

    SUPPLEMENTARY INFORMATION:

    Background on PFOA and PFOS: PFOA and PFOS are persistent chemicals that are widely distributed in the environment, in part because of high stability and little to no expected degradation in the environment. PFOA and PFOS have been used extensively over the last 50 years in commercial and industrial applications, including food packaging, lubricants, water-resistant coatings, and fire-retarding foams. Through voluntary agreements, the primary manufacturer of PFOS phased out production in 2002, and PFOS is no longer manufactured in the United States. Similar arrangements have been made for PFOA, and eight companies that manufacture PFOA committed to eliminate emissions and product content by 2015. Although emissions have been dramatically reduced, the persistence and bioaccumulation of both PFOA and PFOS result in detectable levels in the U.S. population and, therefore, these chemicals are of potential human health relevance. Several recent publications from 2012-2014 have linked PFOA and PFOS exposure to functional immune changes in humans, which are consistent with evidence of PFOA- and PFOS-related immunotoxicity in animal studies.

    NTP has conducted a systematic review of the evidence for an association between exposure to PFOA or PFOS and immunotoxicity or immune-related health effects. The NTP evaluation concept for immunotoxicity associated with exposure to PFOA or PFOS was presented and discussed at the NTP Board of Scientific Counselors (BSC) meeting on December 10, 2014 (79 FR 62640). The NTP evaluation concept, related presentation, and BSC meeting minutes are available at http://ntp.niehs.nih.gov/go/9741. The protocol for conducting this systematic review is available at http://ntp.niehs.nih.gov/go/749926.

    Meeting and Registration: The meeting is open to the public with time set aside for oral public comment. Please note that this will be both an in-person and web-based meeting. The chair of the peer review panel and NTP staff will be at the meeting location at NIEHS. The peer review panel members will be attending the meeting via web-based video conferencing. Public attendees are welcome to watch the meeting via webcast or attend in person. Attendance at NIEHS is limited only by the space available.

    Registration to attend the meeting in-person or to view the webcast is by July 19, 2016, at http://ntp.niehs.nih.gov/go/36639. Registration is required to view the webcast; the URL for the webcast will be provided in the email confirming registration. Visitor and security information for those attending in-person is available at http://www.niehs.nih.gov/about/visiting/index.cfm. Individuals with disabilities who need accommodation to participate in this event should contact Dr. Yun Xie at phone: (919) 541-3436 or email: [email protected] TTY users should contact the Federal TTY Relay Service at (800) 877-8339. Requests should be made at least five business days in advance of the event.

    The preliminary agenda and draft NTP monograph should be posted on the NTP Web site (http://ntp.niehs.nih.gov/go/36639) by June 7, 2016. Additional information will be posted when available or may be requested in hardcopy, see FOR FURTHER INFORMATION CONTACT. Following the meeting, a report of the peer review will be prepared and made available on the NTP Web site. Individuals are encouraged to access the meeting Web page to stay abreast of the most current information regarding the meeting.

    Request for Comments: The NTP invites written and oral public comments on the draft NTP monograph. The deadline for submission of written comments is July 5, 2016, to enable review by the peer review panel and NTP staff prior to the meeting. Registration to provide oral comments is by July 12, 2016, at http://ntp.niehs.nih.gov/go/36639. Public comments and any other correspondence on the draft NTP monograph should be sent to the FOR FURTHER INFORMATION CONTACT. Persons submitting written comments should include their name, affiliation, mailing address, phone, email, and sponsoring organization (if any) with the document. Written comments received in response to this notice will be posted on the NTP Web site according to NTP's guidelines for public comments (http://ntp.niehs.nih.gov/ntp/about_ntp/guidelines_public_comments_508.pdf), and the submitter will be identified by name, affiliation, and/or sponsoring organization if applicable.

    Public comment at this meeting is welcome, with time set aside for the presentation of oral comments on the draft NTP monograph. Guidance for oral public comments is available at http://ntp.niehs.nih.gov/ntp/about_ntp/guidelines_public_comments_508.pdf. In addition to in-person oral comments at NIEHS, public comments can be presented by teleconference line. There will be 50 lines for this call; availability is on a first-come, first-served basis. The lines will be open from 9:00 a.m. until approximately 2:00 p.m. EDT on July 19, 2016, although oral comments will be received only during the formal public comment periods indicated on the preliminary agenda. The access number for the teleconference line will be provided to registrants by email prior to the meeting. Each organization is allowed one time slot. At least 7 minutes will be allotted to each time slot, and if time permits, may be extended to 10 minutes at the discretion of the chair.

    Persons wishin