Federal Register Vol. 81, No.46,

Federal Register Volume 81, Issue 46 (March 9, 2016)

Page Range12405-12572
FR Document

81_FR_46
Current View
Page and SubjectPDF
81 FR 12569 - National Consumer Protection Week, 2016PDF
81 FR 12492 - Sunshine Act NoticePDF
81 FR 12491 - SUNSHINE ACT NOTICEPDF
81 FR 12529 - Sunshine Act MeetingPDF
81 FR 12524 - Government in the Sunshine Act Meeting NoticePDF
81 FR 12541 - Sunshine Act MeetingPDF
81 FR 12520 - Southwest Oregon Resource Advisory Council; Notice of Public MeetingPDF
81 FR 12521 - Filing of Plats of Survey: Oregon/WashingtonPDF
81 FR 12463 - Certain Preserved Mushrooms From India: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015PDF
81 FR 12520 - Notice of Public Meeting, Eastern Montana Resource Advisory Council MeetingPDF
81 FR 12462 - Wooden Bedroom Furniture From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty OrderPDF
81 FR 12468 - Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2014-2015PDF
81 FR 12529 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on CHEDE-VIIPDF
81 FR 12529 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on High-Efficiency Dilute Gasoline Engine IIIPDF
81 FR 12528 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on Automotive Consortium for Embedded Security TMPDF
81 FR 12526 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on ROS-Industrial Consortium-AmericasPDF
81 FR 12528 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on Numerical Propulsion System SimulationPDF
81 FR 12526 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Interchangeable Virtual Instruments Foundation, Inc.PDF
81 FR 12525 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Digital Manufacturing Design Innovation InstitutePDF
81 FR 12524 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Specialty Vehicle Institute of AmericaPDF
81 FR 12527 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Telemanagement ForumPDF
81 FR 12527 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-PXI Systems Alliance, Inc.PDF
81 FR 12465 - Stainless Steel Bar From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015PDF
81 FR 12528 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODPI, Inc.PDF
81 FR 12482 - Announcement of Requirements and Registration for the Career and Technical Education Makeover ChallengePDF
81 FR 12487 - Application To Export Electric Energy; TransAlta Energy Marketing (U.S.) Inc.PDF
81 FR 12459 - Approval of Expanded Subzone Status; Black & Decker (U.S.) Inc., Subzone 243A, Rialto and Fontana, CaliforniaPDF
81 FR 12488 - Environmental Management Site-Specific Advisory Board, Northern New MexicoPDF
81 FR 12488 - Environmental Management Site-Specific Advisory Board, Savannah River SitePDF
81 FR 12517 - Agency Information Collection Activities: Submission for Review; Information Collection Extension Request for the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act ProgramPDF
81 FR 12466 - Prestressed Concrete Steel Rail Tie Wire From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2015PDF
81 FR 12524 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Node.js FoundationPDF
81 FR 12526 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Cooperative Research Group on Advanced Combustion Catalyst and Aftertreatment TechnologiesPDF
81 FR 12533 - Agency Information Collection Activities; Comment Request; Graduate Research Fellowship Program Pilot Data Collection for Monitoring Longitudinal Career Outcomes of Fellowship Recipients; Proposed Information Collection RequestPDF
81 FR 12489 - Paraquat Dichloride; Proposed Interim Mitigation Decision; Notice of AvailabilityPDF
81 FR 12491 - Notice of Agreement FiledPDF
81 FR 12490 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
81 FR 12472 - Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit; CorrectionPDF
81 FR 12496 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
81 FR 12496 - Board of Scientific Counselors, Office of Infectious Diseases (BSC, OID)PDF
81 FR 12497 - Advisory Committee to the Director (ACD), Centers for Disease Control and Prevention-State, Tribal, Local and Territorial (STLT) Subcommittee MeetingPDF
81 FR 12475 - Community BroadbandUSA Connectivity Initiative WorkshopPDF
81 FR 12446 - Willamette National Forest, Detroit Ranger District, Oregon; Hwy 46 ProjectPDF
81 FR 12476 - Privacy Act of 1974; System of RecordsPDF
81 FR 12480 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
81 FR 12477 - Credit Union Advisory Council MeetingPDF
81 FR 12513 - Reimbursement Rates for Calendar Year 2016PDF
81 FR 12420 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2016 Annual Catch LimitsPDF
81 FR 12565 - Request for Comments of a Previously Approved Information CollectionPDF
81 FR 12564 - GPS Adjacent Band Compatibility Assessment TestingPDF
81 FR 12523 - 1,1,1,2-Tetrafluoroethane (R-134a) From China; Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase InvestigationPDF
81 FR 12558 - Driver Qualification Files: Application for Exemption; Atlantic and Pacific Freightways, Inc.PDF
81 FR 12443 - Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD)PDF
81 FR 12553 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
81 FR 12556 - Qualification of Drivers; Exemption Applications; HearingPDF
81 FR 12497 - Submission for OMB Review; Comment RequestPDF
81 FR 12553 - Northern Lines Railway, LLC-Discontinuance of Service Exemption-in Stearns County, MNPDF
81 FR 12492 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 12474 - Notice of Availability of a Draft Environmental Assessment for Oil and Gas Activities in Cook Inlet, Alaska in 2016PDF
81 FR 12494 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 12503 - Agency Information Collection Activities; Proposed Collection; Comment Request; Superimposed Text in Direct-to-Consumer Promotion of Prescription DrugsPDF
81 FR 12420 - NASA FAR Supplement: NASA Suspending and Debarring OfficialPDF
81 FR 12475 - Proposed Information Collection; Comment Request; Southeast Region Logbook Family of FormsPDF
81 FR 12472 - Proposed Information Collection; Comment Request; Fishery Observer Retention SurveyPDF
81 FR 12471 - Proposed Information Collection; Comment Request; West Coast Region Permits Family of Forms-SouthwestPDF
81 FR 12473 - Proposed Information Collection; Comment Request; West Coast Region Federal Fisheries Permits-NorthwestPDF
81 FR 12522 - Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel From the Dominican Republic, Seventh Annual ReviewPDF
81 FR 12506 - Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease: Qualification for Exploratory Use; Draft Guidance for Industry; AvailabilityPDF
81 FR 12508 - Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans; Draft Guidance for Industry; AvailabilityPDF
81 FR 12498 - Ensuring Safety of Animal Feed Maintained and Fed On-Farm; Guidance for Industry; AvailabilityPDF
81 FR 12430 - Generic Drug User Fee Amendments of 2012; Regulatory Science Initiatives; Public Hearing; Request for CommentsPDF
81 FR 12511 - Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices; Public Workshop; Request for CommentsPDF
81 FR 12499 - Tenth Annual Drug Information Association/Food and Drug Administration Statistics Forum-2016; Public ConferencePDF
81 FR 12459 - Amended Temporary Denial OrderPDF
81 FR 12500 - Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products; Guidance for Industry; AvailabilityPDF
81 FR 12509 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medicated Feed Mill License ApplicationPDF
81 FR 12501 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic ActPDF
81 FR 12519 - 30-Day Notice of Proposed Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC PropertiesPDF
81 FR 12515 - Notice of Diabetes Mellitus Interagency Coordinating Committee MeetingPDF
81 FR 12565 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Disclosure and Reporting of CRA-Related AgreementsPDF
81 FR 12553 - Georgia Disaster #GA-00066PDF
81 FR 12493 - Submission for OMB Review; Qualification RequirementsPDF
81 FR 12493 - Information Collection; Make-or-Buy ProgramPDF
81 FR 12515 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingPDF
81 FR 12517 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
81 FR 12516 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
81 FR 12517 - National Center for Complementary & Integrative Health; Notice of Closed MeetingPDF
81 FR 12513 - National Center for Complementary and Integrative Health; Notice of Closed MeetingPDF
81 FR 12516 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 12514 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 12514 - Proposed Collection; 60-Day Comment Request; A Generic Submission for Formative Research, Pretesting and Customer Satisfaction of NCI's Communication and Education Resources (NCI)PDF
81 FR 12458 - Advisory Committees ExpirationPDF
81 FR 12457 - Notice of Public Meeting of the Hawai'i State Advisory CommitteePDF
81 FR 12478 - Agency Information Collection Activities: Comment RequestPDF
81 FR 12552 - Amplify ETF Trust and Amplify Investments LLC; Notice of ApplicationPDF
81 FR 12543 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing of Partial Amendment No. 1 and Order Granting Accelerated Approval to a Proposed Rule Change To Adopt BATS Rule 11.27(a) To Implement the Quoting and Trading Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot ProgramPDF
81 FR 12535 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Establishing Fees for the NYSE Arca Order Imbalances Data FeedPDF
81 FR 12479 - Agency Information Collection Activities: Comment RequestPDF
81 FR 12540 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, to BATS Rule 14.11(i), Managed Fund Shares, To List and Trade Shares of the REX VolMAXX Long VIX Weekly Futures Strategy ETF and the REX VolMAXX Inverse VIX Weekly Futures Strategy ETF of the Exchange Traded Concepts TrustPDF
81 FR 12541 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Access Services Fees Under Chapter VIII of the Pricing SchedulePDF
81 FR 12566 - Notification of Citizens Coinage Advisory Committee March 15, 2016, Public MeetingPDF
81 FR 12481 - Intent To Prepare an Environmental Impact Statement for the San Diego County Shoreline Feasibility Study, Oceanside, San Diego County, CAPDF
81 FR 12451 - Announcement of Grant Application Deadlines and Funding LevelsPDF
81 FR 12518 - Extension of Agency Information Collection Activity Under OMB Review: Aircraft Operator SecurityPDF
81 FR 12461 - Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From OmanPDF
81 FR 12562 - Decision That Nonconforming Model Year 2012 Fisker Karma Passenger Cars Are Eligible for ImportationPDF
81 FR 12563 - Pipeline Safety: Information Collection ActivitiesPDF
81 FR 12535 - Advisory Committee for Mathematical and Physical Sciences; Notice of MeetingPDF
81 FR 12533 - Advisory Committee for Geosciences; Notice of MeetingPDF
81 FR 12432 - Records ManagementPDF
81 FR 12558 - Federal Fiscal Year 2016 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative AgreementsPDF
81 FR 12521 - Notice of Proposed Information Collection; Request for Comments for 1029-0080PDF
81 FR 12423 - Foreign Trade Regulations: Clarification on Filing RequirementsPDF
81 FR 12440 - Air Plan Approval; Massachusetts; Decommissioning of Stage II Vapor Recovery SystemsPDF
81 FR 12529 - Updated Methodology for Selecting a Job Corps Center for Closure and Center Selected for Closure: Comments RequestPDF
81 FR 12451 - Ashley Resource Advisory Committee MeetingPDF
81 FR 12447 - Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10PDF
81 FR 12413 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 12409 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 12405 - Airworthiness Directives; Airbus AirplanesPDF

Issue

81 46 Wednesday, March 9, 2016 Contents Agriculture Agriculture Department See

Forest Service

See

Rural Utilities Service

Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Cooperative Research Group on Advanced Combustion Catalyst and Aftertreatment Technologies, 12526-12527 2016-05282 Cooperative Research Group on Automotive Consortium for Embedded Security TM, 12528-12529 2016-05303 Cooperative Research Group on CHEDE-VII, 12529 2016-05305 Cooperative Research Group on High-Efficiency Dilute Gasoline Engine III, 12529 2016-05304 Cooperative Research Group on Numerical Propulsion System Simulation, 12528 2016-05300 Cooperative Research Group on ROS-Industrial Consortium-Americas, 12526 2016-05302 Digital Manufacturing Design Innovation Institute, 12525-12526 2016-05298 Interchangeable Virtual Instruments Foundation, Inc., 12526 2016-05299 Node.js, 12524-12525 2016-05283 ODPi, Inc., 12528 2016-05293 PXI Systems Alliance, Inc., 12527 2016-05295 Specialty Vehicle Institute of America, 12524 2016-05297 TeleManagement Forum, 12527-12528 2016-05296 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12478-12480 2016-05179 2016-05183 2016-05188 2016-05255 Meetings: Credit Union Advisory Council, 12477-12478 2016-05253 Census Bureau Census Bureau PROPOSED RULES Foreign Trade Regulations: Filing Requirements, 12423-12430 2016-05047 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12494-12496 2016-05235 Meetings: Advisory Committee to the Director; State, Tribal, Local and Territorial Subcommittee, 12497 2016-05264 Board of Scientific Counselors, Office of Infectious Diseases, 12496-12497 2016-05265 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 12496 2016-05266 2016-05267 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Evaluation of Domestic Human Trafficking Demonstration Projects, 12497-12498 2016-05240 Civil Rights Civil Rights Commission NOTICES Meetings: Hawai'i State Advisory Committee, 12457-12458 2016-05192 Requests for Nominations: Nebraska Advisory Committee, 12458-12459 2016-05193 Commerce Commerce Department See

Census Bureau

See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

See

Patent and Trademark Office

Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure and Reporting of Community Reinvestment Act-Related Agreements, 12565-12566 2016-05208 Defense Department Defense Department See

Engineers Corps

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Make-or-Buy Program, 12493-12494 2016-05204 Qualification Requirements, 12493 2016-05205
Education Department Education Department NOTICES Career and Technical Education Makeover Challenge; Requirements and Registration, 12482-12487 2016-05292 Employment and Training Employment and Training Administration NOTICES Updated Methodology for Selecting a Job Corps Center for Closure and Center Selected for Closure, 12529-12533 2016-04977 Energy Department Energy Department NOTICES Applications to Export Electric Energy: TransAlta Energy Marketing (U.S.) Inc., 12487-12488 2016-05289 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 12488-12489 2016-05287 Environmental Management Site-Specific Advisory Board, Savannah River Site, 12488 2016-05286 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: San Diego County Shoreline Feasibility Study, Oceanside, San Diego County, CA, 12481-12482 2016-05171 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Decommissioning of Stage II Vapor Recovery Systems, 12440-12443 2016-05027 NOTICES Proposed Interim Mitigation Decisions: Paraquat Dichloride, 12489-12490 2016-05279 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 12405-12419 2016-04538 2016-04545 2016-04577 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12490-12491 2016-05274 Federal Maritime Federal Maritime Commission NOTICES Agreement Filed, 12491 2016-05276 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 12491-12492 2016-05362 2016-05365 2016-05366 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Qualification of Drivers; Exemption Applications: State of Idaho, Idaho Transportation Department, 12443-12445 2016-05243 NOTICES Qualification of Drivers; Exemption Applications: Atlantic and Pacific Freightways, Inc., 12558 2016-05244 Epilepsy and Seizure Disorders, 12553-12556 2016-05242 Hearing, 12556-12558 2016-05241 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 12492-12493 2016-05216 2016-05238 Federal Transit Federal Transit Administration NOTICES Federal Fiscal Year 2016 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements, 12558-12562 2016-05147 Food and Drug Food and Drug Administration PROPOSED RULES Generic Drug User Fee: Regulatory Science Initiatives; Public Hearing;, 12430-12431 2016-05221 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medicated Feed Mill License Application, 12509-12511 2016-05214 Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic Act, 12501-12503 2016-05213 Superimposed Text in Direct-to-Consumer Promotion of Prescription Drugs, 12503-12506 2016-05233 Guidance: Ensuring Safety of Animal Feed Maintained and Fed On-Farm, 12498-12499 2016-05222 Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease—Qualification for Exploratory Use, 12506-12508 2016-05224 Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products, 12500-12501 2016-05215 Pediatric Study Plans—Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans, 12508-12509 2016-05223 Meetings: Mass Spectrometry in the Clinic—Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices, 12511-12513 2016-05220 Tenth Annual Drug Information Association/Food and Drug Administration Statistics Forum, 12499-12500 2016-05219 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 12529 2016-05360 Foreign Trade Foreign-Trade Zones Board NOTICES Expanded Subzone Status Approvals: Black and Decker (U.S.) Inc. Subzone 243A Rialto and Fontana, CA, 12459 2016-05288 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Willamette National Forest, Detroit Ranger District, Oregon; Hwy 46 Project, 12446-12447 2016-05257 Final Directives on American Indian and Alaska Native Relations: Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10, 12447-12451 2016-04804 Meetings: Ashley Resource Advisory Committee, 12451 2016-04968 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Make-or-Buy Program, 12493-12494 2016-05204 Qualification Requirements, 12493 2016-05205 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

Indian Health Service

See

National Institutes of Health

Homeland Homeland Security Department See

Transportation Security Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Support Anti-Terrorism by Fostering Effective Technologies Act Program, 12517-12518 2016-05285
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties, 12519-12520 2016-05211 Indian Health Indian Health Service NOTICES Reimbursement Rates for Calendar Year 2016, 12513 2016-05252 Industry Industry and Security Bureau NOTICES Temporary Denials of Export Privileges: Ribway Airlines Co. Ltd., et al., 12459-12461 2016-05218 Interior Interior Department See

Land Management Bureau

See

Surface Mining Reclamation and Enforcement Office

International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for Considering Requests and Comments from the Public for textile and Apparel Safeguard Actions on Imports from Oman, 12461-12462 2016-05165 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Preserved Mushrooms from India, 12463-12465 2016-05309 Prestressed Concrete Steel Rail Tie Wire from Mexico, 12466-12468 2016-05284 Small Diameter Graphite Electrodes from the People's Republic of China, 12468-12471 2016-05306 Stainless Steel Bar from Brazil, 12465-12466 2016-05294 Wooden Bedroom Furniture from the People's Republic of China, 12462-12463 2016-05307 International Trade Com International Trade Commission NOTICES Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Seventh Annual Review, 12522-12523 2016-05225 Investigations; Determinations, Modifications, and Rulings, etc.: 1,1,1,2 - Tetrafluoroethane (R-134a) from China, 12523-12524 2016-05245 Meetings; Sunshine Act, 12524 2016-05356 Justice Department Justice Department See

Antitrust Division

See

Foreign Claims Settlement Commission

Labor Department Labor Department See

Employment and Training Administration

Land Land Management Bureau NOTICES Meetings: Eastern Montana Resource Advisory Council, 12520 2016-05308 Southwest Oregon Resource Advisory Council, 12520-12521 2016-05321 Plats of Surveys: Oregon/Washington, 12521 2016-05320 NASA National Aeronautics and Space Administration RULES FAR Supplement: NASA Suspending and Debarring Official, 12420 2016-05231 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Make-or-Buy Program, 12493-12494 2016-05204 Qualification Requirements, 12493 2016-05205 National Archives National Archives and Records Administration PROPOSED RULES Records Management, 12432-12440 2016-05150 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Import Eligibility: Nonconforming Model Year 2012 Fisker Karma Passenger Cars, 12562-12563 2016-05164 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: A Generic Submission for Formative Research, Pretesting and Customer Satisfaction of National Cancer Institute's Communication and Education Resources, 12514 2016-05194 Meetings: Center for Scientific Review, 12514-12517 2016-05195 2016-05196 Diabetes Mellitus Interagency Coordinating Committee, 12515-12516 2016-05209 National Center for Complementary and Integrative Health, 12513, 12517 2016-05197 2016-05198 National Heart, Lung, and Blood Institute, 12516 2016-05199 National Institute of Allergy and Infectious Diseases, 12517 2016-05200 National Institute of Diabetes and Digestive and Kidney Diseases, 12515 2016-05201 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States; Atlantic Herring Fishery: Adjustments to 2016 Annual Catch Limits, 12420-12422 2016-05250 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fishery Observer Retention Survey, 12472 2016-05228 Southeast Region Logbook Family of Forms, 12475 2016-05229 West Coast Region Federal Fisheries Permits--Northwest, 12473-12474 2016-05226 West Coast Region Permits Family of Forms--Southwest, 12471-12472 2016-05227 Environmental Assessments; Availability, etc.: Oil and Gas Activities in Cook Inlet, Alaska in 2016, 12474-12475 2016-05236 Exempted Fishing Permit Applications; Correction, 12472-12473 2016-05271 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Graduate Research Fellowship Program Pilot Data Collection for Monitoring Longitudinal Career Outcomes of Fellowship Recipients, 12533-12535 2016-05280 Meetings: Advisory Committee for Geosciences, 12533 2016-05157 Advisory Committee for Mathematical and Physical Sciences, 12535 2016-05158 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Community BroadbandUSA Connectivity Initiative Workshop, 12475-12476 2016-05261 Patent Patent and Trademark Office NOTICES Privacy Act; Systems of Records, 12476-12477 2016-05256 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12563-12564 2016-05159 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Consumer Protection Week (Proc. 9404), 12569-12572 2016-05473 Rural Utilities Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels, 12451-12457 2016-05170 Securities Securities and Exchange Commission NOTICES Applications: Amplify ETF Trust and Amplify Investments, LLC, 12552-12553 2016-05186 Meetings; Sunshine Act, 12541 2016-05330 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 12540, 12543-12552 2016-05182 2016-05185 NASDAQ OMX PHLX, LLC, 12541-12543 2016-05181 NYSE Arca, Inc., 12535-12540 2016-05184 Small Business Small Business Administration NOTICES Disaster Declarations: Georgia, 12553 2016-05207 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12521-12522 2016-05146 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemption: Northern Lines Railway, LLC, Stearns County, MN, 12553 2016-05239 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Transit Administration

See

National Highway Traffic Safety Administration

See

Pipeline and Hazardous Materials Safety Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12565 2016-05248 GPS Adjacent Band Compatibility Assessment Testing, 12564-12565 2016-05247
Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Operator Security, 12518-12519 2016-05168 Treasury Treasury Department See

Comptroller of the Currency

See

United States Mint

U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 12566-12567 2016-05178 Separate Parts In This Issue Part II Presidential Documents, 12569-12572 2016-05473 Reader Aids

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

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81 46 Wednesday, March 9, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3149; Directorate Identifier 2015-NM-014-AD; Amendment 39-18394; AD 2016-03-07] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A330-200, -200 Freighter, and -300 series airplanes, and all Airbus Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports of premature aging of certain chemical oxygen generators in the passenger compartment that resulted in failure of the generators to activate. This AD requires inspecting to determine if certain passenger chemical oxygen generators are installed, and replacement of affected generators. We are issuing this AD to prevent failure of the chemical oxygen generator to activate during an emergency situation, which could result in unavailability of oxygen and possible incapacitation of the occupants.

DATES:

This AD becomes effective April 13, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 13, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-3149; 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 Airbus service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com.

For B/E Aerospace service information identified in this final rule, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; telephone 913-338-9800; fax 913-469-8419; Internet http://beaerospace.com/home/globalsupport.

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-2015-3149.

FOR FURTHER INFORMATION CONTACT:

Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 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 all Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and all Airbus Model A340-200, -300, -500, and -600 series airplanes. The NPRM published in the Federal Register on August 31, 2015 (80 FR 52419).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0119, dated June 24, 2015, correction January 12, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A330-200, -200 Freighter, and -300 series airplanes; and Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

Reports have been received indicating premature ageing of certain passenger chemical oxygen generators, Part Number (P/N) 117042-XX (XX representing any numerical value), manufactured by B/E Aerospace. Some operators reported that when they tried to activate generators, some older units failed to activate. Given the number of failed units reported, all the generators manufactured in 1999, 2000, and 2001 were considered unreliable.

This condition, if not corrected, could lead to failure of the generator to activate and consequently not deliver oxygen during an emergency, possibly resulting in injury to aeroplane occupants.

To address this potential unsafe condition, Airbus issued Alert Operators Transmission (AOT) A35L007-14, making reference to B/E Aerospace Service Information Letter (SIL) D1019-01 (currently at Revision 1) and B/E Aerospace Service Bulletin (SB) 117042-35-001. Consequently, EASA issued AD 2014-0277 to require identification and replacement of the affected oxygen generators.

Since EASA AD 2014-0277 was issued, and following new investigation results, EASA has decided to introduce a life limitation concerning all P/N 117042-XX chemical oxygen generators, manufactured by B/E Aerospace.

For the reason described above, this EASA AD retains the requirements of EASA AD 2014-0277, which is superseded, expands the scope of the AD to include chemical oxygen generators manufactured after 2001, and requires their removal from service before exceeding 10 years since date of manufacture.

This [EASA] AD was republished to correct a typographical error in the applicability.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-3149-0002.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM (80 FR 52419, August 31, 2015) and the FAA's response.

Request To Remove Operator Identification

Airbus asked that we remove the operator identification from the chemical oxygen generator pictured in Figure 2 to paragraph (g) of the proposed AD (80 FR 52419, August 31, 2015). Airbus stated that Figure 2 to paragraph (g) should replicate Figure 2 in EASA AD 2015-0119, dated June 24, 2015, which was published with no signs or references to an operator.

We agree with the commenter for the reason provided. We have changed the oxygen generator picture in Figure 2 to paragraph (g) of this AD accordingly.

Clarification of Oxygen Generators for Replacement

We have revised paragraph (i) in this AD to clarify the identity of the oxygen generators to be replaced.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 52419, August 31, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 52419, August 31, 2015).

Related Service Information Under 1 CFR Part 51

Airbus has issued Alert Operators Transmission (AOT) A35L007-14, Revision 01, June 17, 2015; including Appendix A, Revision 01, dated June 17, 2015. B/E Aerospace has issued Service Bulletin 117042-35-001, dated December 10, 2014. The service information describes procedures for inspecting to determine if certain passenger chemical oxygen generators are installed, and replacing affected generators. 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 91 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 1 work-hour × $85 per hour = $85 $0 $85 $7,735. Replacement 1 work hour × $85 per hour = $85 $1,000 per oxygen generator $1,085 per oxygen generator $98,735 for one oxygen generator.
    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-2015-3149; 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): 2016-03-07 Airbus: Amendment 39-18394. Docket No. FAA-2015-3149; Directorate Identifier 2015-NM-014-AD. (a) Effective Date

    This AD becomes effective April 13, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the airplanes, certificated in any category, identified in paragraphs (c)(1) and (c)(2) of this AD, all manufacturer serial numbers; except those on which a gaseous system for all oxygen generators is installed.

    (1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.

    (2) Airbus Model A340-211, -212, -213, -311, -312, -313, -541, and -642 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

    (e) Reason

    This AD was prompted by reports of premature aging of certain chemical oxygen generators in the passenger compartment that resulted in failure of the generators to activate. We are issuing this AD to prevent failure of the chemical oxygen generator to activate during an emergency situation, which could result in unavailability of oxygen and possible incapacitation of the occupants.

    (f) Compliance

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

    (g) Inspection

    Within 30 days after the effective date of this AD: Inspect each passenger chemical oxygen generator to identify the date of manufacture (refer to figures 1 and 2 to paragraph (g) of this AD for the location of the date) of each passenger chemical oxygen generator having any part number (P/N) listed in paragraphs (g)(1) through (g)(6) of this AD, in accordance with the Instructions of Airbus Alert Operators Transmission (AOT) A35L007-14, Revision 01, June 17, 2015, including Appendix A, Revision 01, dated June 17, 2015. A review of airplane maintenance records is acceptable in lieu of this inspection if the date of manufacture of the generator can be conclusively determined from that review.

    (1) 117042-02 (15 minutes (min)—2 masks).

    (2) 117042-03 (15 min—3 masks).

    (3) 117042-04 (15 min—4 masks).

    (4) 117042-22 (22 min—2 masks).

    (5) 117042-23 (22 min—3 masks).

    (6) 117042-24 (22 min—4 masks).

    ER09MR16.000 ER09MR16.001 (h) Replacement of Pre-2002 Passenger Oxygen Generators

    If, during any inspection required by paragraph (g) of this AD, any passenger chemical oxygen generator having a date of manufacture of 1999, 2000, or 2001 is found: At the time specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD, as applicable, replace the affected passenger chemical oxygen generator, in accordance with the Instructions of Airbus AOT A35L007-14, Revision 01, June 17, 2015; including Appendix A, Revision 01, dated June 17, 2015 (for 15- and 22-minute passenger chemical oxygen generators); or in accordance with the Accomplishment Instructions of B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 2014 (for 15-minute passenger chemical oxygen generators).

    (1) For units manufactured in 1999: Within 30 days after the effective date of this AD.

    (2) For units manufactured in 2000: Within 6 months after the effective date of this AD.

    (3) For units manufactured in 2001: Within 12 months after the effective date of this AD.

    (i) Replacement of 2002 or Later Passenger Oxygen Generators

    If, during any inspection required by paragraph (g) of this AD, any passenger chemical oxygen generator having a date of manufacture of 2002 or later is found: At the time specified in paragraph (i)(1), (i)(2), (i)(3), (i)(4), (i)(5), (i)(6), (i)(7), or (i)(8) of this AD, as applicable, replace the affected passenger chemical oxygen generator with a serviceable unit, in accordance with the Instructions of Airbus AOT A35L007-14, Revision 01, June 17, 2015; including Appendix A, Revision 01, dated June 17, 2015 (for 15- and 22-minute passenger chemical oxygen generators); or in accordance with the Accomplishment Instructions of B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 2014 (for 15-minute passenger chemical oxygen generators).

    (1) For units manufactured in 2002: Within 12 months after the effective date of this AD.

    (2) For units manufactured in 2003: Within 16 months after the effective date of this AD.

    (3) For units manufactured in 2004: Within 20 months after the effective date of this AD.

    (4) For units manufactured in 2005: Within 24 months after the effective date of this AD.

    (5) For units manufactured in 2006: Within 28 months after the effective date of this AD.

    (6) For units manufactured in 2007: Within 32 months after the effective date of this AD.

    (7) For units manufactured in 2008: Within 36 months after the effective date of this AD.

    (8) For units manufactured in 2009 or later: Before the accumulation of 10 years since date of manufacture.

    (j) Definition of a Serviceable Unit

    A serviceable unit is an oxygen generator having P/N 117042-XX, with a manufacturing date not older than 10 years, or any other FAA-approved part number, provided that the generator has not exceeded the life limit established by the manufacturer for that generator.

    (k) Credit for Previous Actions

    This paragraph provides credit for the applicable actions required by paragraphs (g), (h), and (i) of this AD, if those actions were performed before the effective date of this AD using Airbus AOT A35L007-14, dated December 18, 2014.

    (l) Parts Installation Limitation

    As of the effective date of this AD, no person may install a passenger chemical oxygen generator on any airplane, unless the passenger chemical oxygen generator is determined to be a serviceable unit, as defined in paragraph (j) of this AD.

    (m) 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: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; 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's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0119, dated June 24, 2015, correction January 12, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3149.

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (o)(3) and (o)(5) of this AD.

    (o) Material Incorporated by Reference

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

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

    (i) Airbus Alert Operators Transmission (AOT) A35L007-14, Revision 01, June 17, 2015; including Appendix A, Revision 01, dated June 17, 2015. The revision date is not shown on Appendix A.

    (ii) B/E Aerospace Service Bulletin 117042-35-001, dated December 10, 2014.

    (3) For Airbus service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com.

    (4) For B/E Aerospace service information identified in this AD, contact B/E Aerospace Inc., 10800 Pflumm Road, Lenexa, KS 66215; telephone 913-338-9800; fax 913-469-8419; Internet http://beaerospace.com/home/globalsupport.

    (5) 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.

    (6) 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 19, 2016. Dorr M. Anderson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-04538 Filed 3-8-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0243; Directorate Identifier 2014-NM-114-AD; Amendment 39-18423; AD 2016-05-05] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. This AD was prompted by reports of cracked aluminum support struts of the trimmable horizontal stabilizer (THS) caused by stress corrosion. This AD requires inspections to identify the part number of each support strut, repetitive inspections for cracking of the THS support strut ends, installation of reinforcing clamps on strut ends, and replacement of support struts, if necessary. We are issuing this AD to detect and correct cracked THS support struts, which could lead to the rupture of all four support struts making the remaining structure unable to carry limit loads, which could result in loss of the THS and reduced control of the airplane.

    DATES:

    This AD becomes effective April 13, 2016.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 13, 2016.

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0243 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 Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.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-2015-0243.

    FOR FURTHER INFORMATION CONTACT:

    Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; 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 all Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. The NPRM published in the Federal Register on February 18, 2015 (80 FR 8571).

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0164, dated July 11, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A300 series airplanes; Model A300 B4-600, B4-600R, and F4-600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. The MCAI states:

    During scheduled maintenance, several Trimmable Horizontal Stabilizer (THS) support struts were found cracked at the strut ends. The THS is supported and articulated at frame (FR) 91 in the tail cone. Lateral movement is prevented by four diagonal support struts.

    Investigations revealed that the cracks were caused by stress corrosion and propagated from the inside to the outside of the strut.

    This condition, if not detected and corrected, could lead to the rupture of all four THS support struts at FR91, which would make the remaining structure unable to carry limit loads, potentially resulting in loss of the Horizontal Tail Plane.

    To address this unsafe condition, EASA issued AD 2014-0121 [http://ad.easa.europa.eu/ad/2014-0121] to require repetitive High Frequency Eddy Current (HFEC) inspections of the THS support strut ends, installation of reinforcing clamps on strut ends and, depending on findings, replacement of damaged support struts. Installation of reinforcing clamps on strut ends is considered a temporary solution pending introduction of a re-designed support strut.

    Since that [EASA] AD was issued, it was discovered that the [EASA] AD appeared to also require HFEC inspections of steel struts, which are not prone to cracking. The unsafe condition exists only on support struts made of aluminum, which were introduced through Airbus modification (mod) 06101, but may also have been installed in service as replacement parts on aeroplanes in pre-mod 06101 configuration.

    For the reason described above, this [EASA] AD retains the requirements of EASA AD 2014-0121, which is superseded, and clarifies the need for an initial identification of the support struts installed on aeroplanes in pre-mod 06101 configuration. The related Airbus Service Bulletins (SB) remain unchanged.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0243-0002.

    Comments

    We gave the public the opportunity to participate in developing this AD. We have considered the comments received. The following presents the comments received on the NPRM (80 FR 8571, February 18, 2015) (“the NPRM”) and the FAA's response to each comment.

    Request To Remove Repetitive Inspections From the NPRM

    FedEx stated that Airbus Service Bulletin A300-53-6172, dated February 14, 2014 and Airbus Service Bulletin A310-53-2136, dated February 14, 2014, require an application of sealant and installation of a clamp over the affected area. FedEx stated periodic re-inspections for cracking of the THS support strut ends would induce further damage since it requires removal of the reinforcing clamps and sealant before accomplishing the HFEC inspection.

    We infer from the commenter's statement that FedEx requests removal of the repetitive inspection requirement from the proposed AD. We disagree because if operators follow established procedures, removal of the sealant should not introduce damage to the support struts installed on the THS. We have not changed this final rule in this regard.

    Request To Remove Installation Requirement From the NPRM

    FedEx and United Parcel Service (UPS) stated they disagree with the requirement to install the clamping. Both commenters claimed that installing reinforcing clamps will not resolve any stress mitigation and crack progression. UPS stated that the NPRM proposed to require repair prior to further flight, if cracking is identified. FedEx and UPS stated that repetitive inspections provide a sufficient level of safety on the struts and that the installation of reinforcement clamps does not enhance the support strut installation, but adds an additional cost without a corresponding safety benefit. FedEx and UPS requested removal of the clamp installation requirement specified by paragraphs (i) and (j) of the proposed AD.

    We disagree to remove the requirement to install clamping from paragraphs (i) and (j) of this AD. The clamping reduces the circumferential stresses in the rod-ends and supports the circular shape of the rod ends. As a result, stress corrosion of the rod is stopped, or partially reduced, due to the lower circumferential stresses. We have not changed this final rule in this regard.

    Request To Remove Certain References From Paragraph (l) of the NPRM

    UPS requested that we remove reference to paragraphs (i)(1) through (i)(3) of the proposed AD from paragraph (l) of the proposed AD. UPS stated the service bulletins identified in paragraphs (i)(1) through (i)(3) of the proposed AD do not include an inspection form or inspection requirements within the accomplishment instructions of the service information and therefore these documents should not be referenced in paragraph (l) of the proposed AD, which specifies reporting inspection results.

    We agree with the request because paragraph (l) of this AD only requires the reporting of certain inspections results. Paragraph (i) of this AD requires an installation of reinforcing clamps. We have revised paragraph (l) of this AD to remove the reference to paragraphs (i)(1) through (i)(3) of this AD.

    We have also revised paragraph (l) of this AD by removing a reference to paragraph (h) of this AD in order to match the reporting requirement specified in the MCAI. Paragraph (l) of the proposed AD refers to inspections required by both paragraphs (g) and (h) of the proposed AD. However, reporting is only required for inspections required by paragraph (g) of this AD.

    Request To Revise Costs of Compliance

    FedEx requested that we revise the Costs of Compliance paragraph of the proposed AD to accurately reflect the cost of replacing cracked struts. FedEx stated it agrees that struts that are determined to be cracked should be replaced but finds that this adds an additional financial burden to the airlines. FedEx stated there are no warranty provisions stated in the manufacturer's service information to mitigate the additional expense of replacing struts, nor is it accounted for in the NPRM.

    We disagree because the conditional cost of replacing the struts was accounted for in the NPRM by using the standard part cost for non-avionics parts of $10,000 and an estimate that any necessary follow-on actions would take about 15 work-hours. Further, we do not control warranty coverage for affected individuals. We have not changed this final rule in this regard.

    Request To Include Installation of Steel Struts as Terminating Action

    FedEx requested that we revise the NPRM to state that the installation of steel struts constitutes a terminating action for the repetitive inspections specified by paragraph (h) of the proposed AD. FedEx noted that Airbus may be developing a solution that would terminate the repetitive inspections, but as of yet, Airbus has not published any service information that would eliminate the need for the repetitive inspections specified by paragraph (h) of the proposed AD.

    We disagree to change this final rule because terminating action is not available at this time. When terminating action becomes available, the FAA may consider installation of the new design struts as an alternative method of compliance (AMOC) to this AD once the manufacturer's design solution is released. We have not changed this final rule in this regard.

    Request To Extend the Repetitive Inspection Interval

    UPS requested that we extend the repetitive inspection interval required by paragraph (h) of the proposed AD. UPS stated that a manufacturer's investigation identified the cracking to be the result of inter-granular stress corrosion and that for cracking to develop, three factors need to be present: a material flaw at the granular level, an environmental condition for corrosion to develop, and a tensile load to induce damage development/propagation at the material flaw. UPS added that the area is already protected with anti-corrosion materials. UPS stated that based on the low occurrence of cracking, the propagation properties of cracking due to stress corrosion, and the age of the fleet, fleet airworthiness can be maintained using all three operational parameters—flight hours, flight cycles, and calendar time. UPS requested that we revise the repetitive inspection interval from 24 months to 5,000 flight hours, 2,500 flight cycles, or 36 months, whichever occurs first.

    We do not agree with the request to extend the repetitive inspection required by paragraph (h) of this AD because the UPS proposal is not supported by analysis or data. In developing an appropriate compliance time for the actions specified in paragraph (h) of this AD, we considered the safety implications and normal maintenance schedules for the timely accomplishment of the specified actions. We have determined that the proposed interval will ensure an acceptable level of safety and allow the actions to be done during scheduled maintenance intervals for most affected operators. However, affected operators may request an AMOC to request an extension of the repetitive inspection interval under the provisions of paragraph (m)(1) of this AD by submitting data and analysis substantiating that the change would provide an acceptable level of safety. We have not changed this final rule in this regard.

    Request To Delay Rule Due to Pending Release of New Design of Support Strut and Service Information

    FedEx and UPS requested that the release date of the NPRM be suspended pending Airbus's release of a newly designed support strut that, if installed, would be terminating action for the repetitive inspections proposed by the NPRM. FedEx stated the manufacturer is working on service information that contains a terminating action for the repetitive inspections proposed in the NPRM, but as of yet, has not been published. UPS stated that suspending the release of the NPRM would prevent extra work for the FAA and operators.

    We disagree with delaying issuance of this final rule until new service information or a new design becomes available. We consider that to delay this AD action would be inappropriate, in light of the identified unsafe condition. When new service information or a new design becomes available, we may consider additional rulemaking. We may also consider new service information and/or installation of the new design struts as an AMOC to this AD. Operators may apply for an AMOC in accordance with the provisions of paragraph (m)(1) of this AD. We have not changed this final rule 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 as proposed except for 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.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.

    • Airbus Service Bulletin A300-53-0394, dated February 14, 2014. This service information describes procedures for reinforcing the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A300 series airplanes.

    • Airbus Service Bulletin A300-53-0395, dated February 14, 2014. This service information describes procedures for inspecting for cracking of the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A300 series airplanes.

    • Airbus Service Bulletin A300-53-6172, dated February 14, 2014. This service information describes procedures for reinforcing the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A300-600 series airplanes.

    • Airbus Service Bulletin A300-53-6174, dated February 14, 2014. This service information describes procedures for inspecting for cracking of the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A300-600 series airplanes.

    • Airbus Service Bulletin A310-53-2136, dated February 14, 2014. This service information describes procedures for reinforcing the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A310 series airplanes.

    • Airbus Service Bulletin A310-53-2137, dated February 14, 2014. This service information describes procedures for inspecting for cracking of the support struts of the THS at frame 91 in the fuselage tail section of Airbus Model A310 series airplanes.

    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 174 airplanes of U.S. registry.

    We also estimate that it will take about 5 work-hours per product to comply with the basic requirements of this AD, and 1 work-hour per product for reporting. The average labor rate is $85 per work-hour. Required parts will cost about $2,100 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $454,140, or $2,610 per product.

    In addition, we estimate that any necessary follow-on actions will take about 15 work-hours and require parts costing $10,000, for a cost of $11,275 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-2015-0243; 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): 2016-05-05 Airbus: Amendment 39-18423. Docket No. FAA-2015-0243; Directorate Identifier 2014-NM-114-AD. (a) Effective Date

    This AD becomes effective April 13, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the Airbus airplanes specified in paragraphs (c)(1) through (c)(6) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes.

    (2) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.

    (3) Airbus Model A300 B4-605R and B4-622R airplanes.

    (4) Airbus Model A300 F4-605R and F4-622R airplanes.

    (5) Airbus Model A300 C4-605R Variant F airplanes.

    (6) Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes.

    (d) Subject

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

    (e) Reason

    This AD was prompted by reports of cracked aluminum support struts of the trimmable horizontal stabilizer (THS) caused by stress corrosion. We are issuing this AD to detect and correct cracked THS support struts, which could lead to the rupture of all four support struts making the remaining structure unable to carry limit loads, which could result in loss of the THS and reduced control of the airplane.

    (f) Compliance

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

    (g) Inspection for Part Number

    For airplanes in pre-modification 06101 configuration: Within 12 months after the effective date of this AD, do an inspection to identify the part number of each support strut installed on the THS at frame (FR) 91, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in paragraphs (g)(1) through (g)(3) of this AD. A review of airplane maintenance records is acceptable in lieu of this inspection, provided those records can be relied upon for that purpose and the part number can be positively identified from that review. If no aluminum strut(s) having part number (P/N) R21449, R21449D, R21449G, or R21449H is found during any inspection required by this paragraph, no further action is required by this AD for that horizontal stabilizer, except for paragraph (l) of this AD.

    (1) For Airbus Model A300 series airplanes: Airbus Service Bulletin A300-53-0395, dated February 14, 2014.

    (2) For Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes): Airbus Service Bulletin A300-53-6174, dated February 14, 2014.

    (3) For Airbus Model A310 series airplanes: Airbus Service Bulletin A310-53-2137, dated February 14, 2014.

    (h) Repetitive High Frequency Eddy Current (HFEC) Inspections

    For airplanes in post-modification 06101 configuration; and for airplanes in pre-modification 06101 configuration on which any aluminum support strut(s) having P/N R21449, P/N R21449D, P/N R21449G, or P/N R21449H is found: Within the applicable compliance times specified in paragraph (h)(1), (h)(2), or (h)(3) of this AD, do an HFEC inspection for cracking of the aluminum THS support strut ends at FR 91, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in paragraphs (g)(1) through (g)(3) of this AD. Reinforcing clamps already installed on strut ends must be removed before accomplishing the HFEC inspection and re-installed after the inspection, in accordance with the Accomplishment Instructions of the applicable service bulletin specified in paragraphs (g)(1) through (g)(3) of this AD. Repeat the inspection thereafter at intervals not to exceed 24 months.

    (1) For airplanes having manufacturer serial number (MSN) 0499 through MSN 0747 inclusive (post-mod 06101): Within 12 months after the effective date of this AD.

    (2) For airplanes having MSN 0748 through MSN 0878 inclusive (post-mod 06101): Within 18 months after the effective date of this AD.

    (3) For airplanes having MSN 0001 through MSN 0498 inclusive (pre-mod 06101) having one or more aluminum struts: Within 24 months after the effective date of this AD.

    (i) Installation of Reinforcing Clamps

    Concurrently with the initial HFEC inspection required by paragraph (h) of this AD, identify struts having P/N R21449, P/N R21449D, P/N R21449G, or P/N R21449H with no reinforcing clamps previously installed, and before next flight, install reinforcing clamps on each strut end, in accordance with the Accomplishment Instructions of the applicable service bulletin specified in paragraphs (i)(1) through (i)(3) of this AD.

    (1) For Airbus Model A300 series airplanes: Airbus Service Bulletin A300-53-0394, dated February 14, 2014.

    (2) For Airbus Model A300 B4-600, B4600R, and F4-600R series airplanes, and A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes): Airbus Service Bulletin A300-53-6172, dated February 14, 2014.

    (3) For Airbus Model A310 series airplanes: Airbus Service Bulletin A310-53-2136, dated February 14, 2014.

    (j) Corrective Actions

    If, during any inspection required by paragraph (h) of this AD, any cracking is found, before further flight, replace the affected THS support strut(s) with serviceable struts and install clamps on each strut end, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in paragraphs (g)(1) through (g)(3) of this AD.

    (k) Clarification

    Installation of reinforcing clamps as required by paragraph (i) of this AD, and the replacement of support struts and/or the installation of clamps as required by paragraph (j) of this AD, do not constitute terminating action for the repetitive inspections required by paragraph (h) of this AD.

    (l) Reporting

    At the applicable time specified in paragraphs (l)(1) and (l)(2) of this AD: After accomplishment of any inspection required by paragraph (g) of this AD, report all inspection results to Airbus, including no findings, in accordance with the Accomplishment Instructions of the applicable service bulletins specified in paragraphs (g)(1) through (g)(3) of this AD.

    (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection.

    (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD.

    (m) 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: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; 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's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

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

    (n) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0164, dated July 11, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0243-0002.

    (o) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A300-53-0394, dated February 14, 2014.

    (ii) Airbus Service Bulletin A300-53-0395, dated February 14, 2014.

    (iii) Airbus Service Bulletin A300-53-6172, dated February 14, 2014.

    (iv) Airbus Service Bulletin A300-53-6174, dated February 14, 2014.

    (v) Airbus Service Bulletin A310-53-2136, dated February 14, 2014.

    (vi) Airbus Service Bulletin A310-53-2137, dated February 14, 2014.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.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 23, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-04545 Filed 3-8-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD; Amendment 39-18420; AD 2016-05-02] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding Airworthiness Directive (AD) 2011-13-11 and AD 2013-16-09 for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2011-13-11 required an amendment of the airplane flight manual (AFM), repetitive checks of specific centralized fault display system (CFDS) messages, an inspection of the opening sequence of the main landing gear (MLG) door for discrepancies if certain messages are found, and corrective actions if necessary. AD 2013-16-09 required an inspection to determine airplane configuration and part numbers of the landing gear control interface unit and MLG door actuators; and, for affected airplanes, repetitive inspections of the opening sequence of the MLG door, and replacement of the MLG door actuator if necessary. AD 2013-16-09 also provided optional terminating action for the repetitive inspections. This new AD reduces the interval of the MLG door opening sequence inspection, requires replacing or modifying certain MLG door actuators, and also requires a flushing procedure to be performed when installing a new MLG door actuator. This AD was prompted by a determination that the interval of the MLG door opening sequence inspection must be reduced. We are issuing this AD to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing and consequent damage to the airplane and injury to occupants.

    DATES:

    This AD becomes effective April 13, 2016.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 13, 2016.

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of August 23, 2013 (78 FR 48286, August 8, 2013).

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of July 12, 2011 (76 FR 37241, June 27, 2011).

    The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of April 27, 2007 (72 FR 13681, March 23, 2007).

    ADDRESSES:

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0529; 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 Airbus service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. For General Elec tric service information identified in this final rule, contact GE Aviation, Customer Support Center, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]; Internet: http://www.geaviation.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-2014-0529.

    FOR FURTHER INFORMATION CONTACT:

    Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”). AD 2011-13-11 and AD 2013-16-09 applied to all Airbus Model A318, A319, A320, and A321 series airplanes. The SNPRM published in the Federal Register on September 22, 2015 (80 FR 57122). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on August 13, 2014 (79 FR 47395; corrected August 27, 2014 (79 FR 51117)) (“the NPRM”). The NPRM was prompted by a determination that the interval of the MLG door opening sequence inspection must be reduced. The NPRM proposed to continue to require an amendment of the AFM; repetitive checks of specific CFDS messages; an inspection of the opening sequence of the MLG door for discrepancies if certain messages are found, and corrective actions if necessary; an inspection to determine airplane configuration and part numbers of the landing gear control interface unit and MLG door actuators; and, for affected airplanes, repetitive inspections of the opening sequence of the MLG door, and replacement of the MLG door actuator if necessary; and optional terminating action for the repetitive inspections. The SNPRM proposed to require a flushing procedure to be performed when installing a new MLG door actuator. We are issuing this AD to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG and consequent MLG collapse during landing and damage to the airplane and injury to occupants.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0221, dated September 30, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

    Some operators reported slow operation of the main landing gear (MLG) door opening/closing sequence, leading to the generation of [electronic centralized aircraft monitor] ECAM warnings during the landing gear retraction or extension sequence.

    Investigations showed that the damping ring and associated retaining ring of the MLG door actuator may deteriorate. The resultant debris increases the friction inside the actuator which can be sufficiently high to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (freefall) extension system.

    This condition, if not corrected, could prevent the full extension and/or down locking of the MLG, possibly resulting in MLG collapse during landing or rollout and consequent damage to the aeroplane and injury to occupants.

    [An EASA AD] was issued [and later revised] to require repetitive inspections of the opening sequence of the MLG door in order to identify the affected actuators, and to introduce as an optional terminating action Airbus production Modification (mod) 38274 and associated [Airbus] Service Bulletin (SB) A320-32-1338, which incorporate an improved retaining ring, located on the piston rod's extension end, and a new piston rod with machined shoulder to accommodate the thicker section of the modified retaining ring.

    After in-service introduction of the new MLG door actuator, Part Number (P/N) 114122012 (Post-mod 38274—SB A320-32-1338), several operators reported failures of internal parts of the MLG door actuator. Investigations confirmed that these failures could result in slow extension of the actuator rod, delaying the MLG door operation, or possibly stopping just before the end of the stroke, preventing the door to reach the fully open position.

    [An EASA AD], which supersededEASA AD 2006-0112R1 [http://ad.easa.europa.eu/blob/easa_ad_2006_0112_R1_superseded.pdf/AD_2006-0112R1_1], was issued [and later revised] to require amendment of the applicable Airplane Flight Manual (AFM), repetitive checks of specific Centralized Fault Display System (CFDS) messages, repetitive inspections of the opening sequence of the MLG door actuator and, depending on findings, corrective action(s).

    Since EASA AD 2011-0069R1 [http://ad.easa.europa.eu/blob/easa_ad_2011_0069_R1_superseded.pdf/AD_2011-0069R1_1] was issued, Airbus introduced a reinforced MLG door actuator P/N 114122014 (mod 153655). Airbus issued SB A320-32-1407 containing instructions for in-service replacement of the affected MLG door actuators, or modification of the actuators to the new standard.

    In addition, following a recent occurrence with a gear extension problem, the result of additional analyses by Airbus revealed that the CFDS expected specific messages may not be generated and as a result, repetitive checks of messages are not effective for aeroplanes fitted with landing gear control interface unit (LGCIU) interlink communication ARINC 429 (applied in production through Airbus mod 39303, or in service through Airbus SB A320-32-1409), in combination with LGCIUs 80-178-02-88012 or 80-178-03-88013 in both positions and at least one MLG door actuator pre-mod 153655 (pre-Airbus SB A320-32-1407—pre-GE SB 114122-32-105) installed.

    Prompted by these findings, EASA issued Emergency AD 2013-0132-E [http://ad.easa.europa.eu/blob/easa_ad_2013_0132_E_superseded.pdf/EAD_2013-0132-E_1] [which corresponds to FAA AD 2013-16-09] to require identification of the affected aeroplanes to establish the configuration and, for those aeroplanes, repetitive inspections of the opening sequence of the MLG door actuator and, depending on findings, replacement of the MLG door actuator. That [EASA] AD also provided an optional terminating action by disconnection of the interlink for certain LGCIUs, or in-service modification of the aeroplane through Airbus SB A320-32-1407 (equivalent to Airbus production mod 153655).

    Since those ADs (EASA AD 2011-0069R1 and EASA AD 2013-0132-E) were issued, analyses performed by Airbus have revealed that the MLG door opening sequence inspection interval needed to be reduced, and that the (previously optional) terminating action needed to be made mandatory.

    Prompted by these findings, EASA issued AD 2013-0288 [http://ad.easa.europa.eu/blob/easa_ad_2013_0288_superseded.pdf/AD_2013-0288_1], retaining the requirements of EASA AD 2011-0069R1 and EASA AD 2013-0132-E, which were superseded, but with reduced inspection intervals, and to require replacement or modification, as applicable, of the affected MLG door actuators as terminating action to the monitoring and repetitive checks and inspections.

    Following introduction of post-mod 153655 MLG door actuators on in-service aeroplanes, it has been observed that, in case the removed pre-mod MLG door actuator has internal damage, contamination of the hydraulic system could have occurred.

    This condition, if not detected and corrected, could result in performance degradation (damping degradation) of the post-mod MLG door actuator. Testing performed with a new actuator tested in heavily contaminated hydraulic system did not show abnormal hydraulic restriction/blockage. It is thus not requested to perform this “flushing procedure” on aircraft already retrofitted with std-14 actuators.

    In addition, since EASA AD 2013-0288 was issued, the applicable AFM was revised and repetitive checks of specific CFDS messages are no longer considered to be required, due to the reduced intervals required by EASA AD 2013-0288.

    For the reasons described above, this [EASA] AD partially retains the requirements of EASA AD 2013-0288, which is superseded, introduces improved wording for clarification and requires, in addition to the revised operational (AFM) procedure, hydraulic flushing prior to any installation of a post-mod MLG door actuator.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0529-0003.

    Comments

    We gave the public the opportunity to participate in developing this AD. We considered the comments received on the SNPRM. The Air Line Pilots Association International submitted two comments which supported the SNPRM.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletins A320-32-1390, Revision 03, dated July 3, 2014; and A320-32-1407, Revision 01, dated July 3, 2014. Airbus has also issued A318/A319/A320/A321 Temporary Revision (TR) TR437, L/G—GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the Airbus A318/A319/A320/A321 AFM.

    Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, describes procedures for inspecting the operation of the MLG door opening sequence to determine if an actuator is defective, flushing contamination from the landing gear extension and retraction system (LGERS), and replacing the door actuator if necessary.

    Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, describes procedures for flushing contamination from the LGERS and installing new MLG door actuators.

    Airbus A318/A319/A320/A321 TR TR437, L/G—GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the AFM updates the procedure used for incomplete landing gear extension during approach.

    General Electric has issued Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, which describes procedures for conversion of a MLG door actuator and removal of unwanted material from the hydraulic fluid route.

    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 953 airplanes of U.S. registry.

    The actions required by AD 2011-13-11, and retained in this AD, take about 7 work-hours per product, per inspection cycle, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2011-13-11 is $595 per product, per inspection cycle.

    The actions required by AD 2013-16-09, and retained in this AD, take about 3 work-hours per product, per inspection cycle, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that were required by AD 2013-16-09 is $255 per product, per inspection cycle.

    We also estimate that it will take about 19 work-hours 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 $17,140 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $17,873,515, or $18,755 per product.

    In addition, we estimate that any necessary follow-on actions will take about 3 work-hours, for a cost of $255 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-2014-0529; 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: a. Removing Airworthiness Directive (AD) 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”); and b. Adding the following new AD: 2016-05-02 Airbus: Amendment 39-18420. Docket No. FAA-2014-0529; Directorate Identifier 2013-NM-260-AD. (a) Effective Date

    This AD becomes effective April 13, 2016.

    (b) Affected ADs

    This AD replaces AD 2011-13-11, Amendment 39-16734 (76 FR 37241, June 27, 2011) (“AD 2011-13-11”); and AD 2013-16-09, Amendment 39-17547 (78 FR 48286, August 8, 2013) (“AD 2013-16-09”).

    (c) Applicability

    This AD applies to the Airbus airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, all manufacturer serial numbers.

    (1) Model A318-111, -112, -121, and -122 airplanes.

    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes.

    (3) Model A320-211, -212, -214, -231, -232, and -233 airplanes.

    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 32, Landing Gear.

    (e) Reason

    This AD was prompted by a determination that the inspection interval of the main landing gear (MLG) door opening sequence must be reduced. We are issuing this AD to detect and correct deterioration of the damping ring and associated retaining ring of the MLG door actuator, which can sufficiently increase the friction inside the actuator to restrict opening of the MLG door by gravity, during operation of the landing gear alternate (free-fall) extension system. This condition could prevent the full extension and/or down-locking of the MLG, possibly resulting in MLG collapse during landing and consequent damage to the airplane and injury to occupants.

    (f) Compliance

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

    (g) Retained Repetitive Inspections/Replacement, With a Formatting Change

    This paragraph restates the requirements of paragraph (g) of AD 2011-13-11, with a formatting change. At the time specified in paragraph (g)(1) or (g)(2) of this AD, as applicable: Do a general visual inspection of the operation of the MLG door opening sequence to determine if a defective actuator is installed by doing all the applicable actions, including replacing the door actuator, as applicable, specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Do all applicable replacements before further flight. Repeat the inspection thereafter at intervals not to exceed 900 flight cycles. Doing the inspection required by paragraph (l) of this AD terminates the requirements of this paragraph.

    (1) For airplanes on which a record of the total number of flight cycles on the MLG door actuator is available: Before the accumulation of 3,000 total flight cycles on the MLG door actuator, or within 800 flight cycles after April 27, 2007 (the effective date of AD 2007-06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007)), whichever is later.

    (2) For airplanes on which a record of the total number of flight cycles on the MLG door actuator is not available: Within 800 flight cycles after April 27, 2007 (the effective date of AD 2007-06-18, Amendment 39-14999 (72 FR 13681, March 23, 2007)).

    (3) For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.”

    (h) Retained Provision Regarding Reporting/Parts Return, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2011-13-11, with no changes. Although the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, specify submitting certain information to the manufacturer and sending defective actuators back to the component manufacturer for investigation, this AD does not include those requirements.

    (i) Retained Revision of the Airplane Flight Manual (AFM), With Formatting Changes

    This paragraph restates the requirements of paragraph (i) of AD 2011-13-11, with formatting changes. Within 14 days after July 12, 2011 (the effective date of AD 2011-13-11), revise the Emergency Procedure Section of the AFM to incorporate the information in figure 1 to paragraph (i) of this AD. This may be done by inserting a copy of this AD into the AFM. When a statement identical to that in figure 1 to paragraph (i) of this AD has been included in the Emergency Procedure Section of the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. Doing the actions required by paragraph (t) of this AD terminates the requirements of this paragraph.

    Figure 1 to Paragraph (i) of This AD—AFM Revision • If ECAM triggers the “L/G GEAR NOT DOWNLOCKED” warning, apply the following procedure: Recycle landing gear. • If unsuccessful after 2 min: Extend landing gear by gravity. Refer to ABN-32 L/G GRAVITY EXTENSION. (j) Retained Repetitive Checks, With New Optional Actions and New Service Information

    This paragraph restates the requirements of paragraph (j) of AD 2011-13-11, with new optional actions and new service information. Within 14 days after July 12, 2011 (the effective date of AD 2011-13-11), or before the accumulation of 800 total flight cycles, whichever occurs later, check the post flight report (PFR) for centralized fault display system (CFDS) messages triggered within the last 8 days, in accordance with paragraph 4.2.1 of Airbus All Operators Telex (AOT) A320-32A1390, dated February 10, 2011. Repeat the check thereafter at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later. If done in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, the use of an alternative method to check the PFR for CFDS messages (e.g., AIRMAN) is acceptable in lieu of this check if the messages can be conclusively determined from that method. Repetitive inspections of the door opening sequence of the left-hand (LH) and right-hand (RH) doors of the MLG, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, are an acceptable method of compliance for the actions required by this paragraph. Repetitive inspections of the door opening sequence of the LH and RH doors of the MLG of an airplane, as required by paragraph (p) of this AD, is an acceptable method to comply with the requirements of this paragraph.

    (k) Retained On-Condition Inspection, With New Service Information and Revised Language for an Acronym

    This paragraph restates the requirements of paragraph (k) of AD 2011-13-11, with new service information and revised langue for an acronym. If, during any check required by paragraph (j) of this AD, a pair of specific CFDS messages specified in paragraph 4.2.1 of Airbus AOT A320-32A1390, dated February 10, 2011, has been triggered by both landing gear control and interface units (LGCIU) for the same flight, before further flight, inspect the door opening sequence of the affected doors of the MLG for discrepancies (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014). Do the inspection in accordance with paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011; or the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, for the actions required by this paragraph.

    (l) Retained Repetitive Inspections, With New Service Information, New Optional Actions, and Reduced Compliance Times

    This paragraph restates the requirements of paragraph (l) of AD 2011-13-11, with new service information, new optional actions, and reduced compliance times. At the applicable time specified in paragraph (l)(1) or (l)(2) of this AD: Inspect the door opening sequence of the LH and RH doors of the MLG for discrepancies (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014). Do the inspection in accordance with the instructions of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011; or the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, for the actions required by this paragraph. Repeat the inspection within 8 days or 5 flight cycles after the effective date of this AD, whichever occurs later, without exceeding 425 flight cycles since the most recent inspection; and thereafter repeat the inspection at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later. In addition, whenever any airplane is not operated for a period longer than 8 days, do the inspection before further flight. Doing this inspection terminates the requirements of paragraph (g) of this AD. Repetitive inspections of the door opening sequence of the LH and RH doors of the MLG of an airplane, as required by paragraph (p) of this AD, is an acceptable method to comply with the requirements of this paragraph.

    (1) For airplanes on which an inspection required by paragraph (g) of this AD has been done as of July 12, 2011 (the effective date of AD 2011-13-11): Within 800 flight cycles after doing the most recent inspection required by paragraph (g) of this AD, or within 100 flight cycles after July 12, 2011, whichever occurs later.

    (2) For airplanes on which an inspection required by paragraph (g) of this AD has not been done as of July 12, 2011 (the effective date of AD 2011-13-11): Within 800 flight cycles after July 12, 2011.

    (m) Retained Replacement, With New Service Information

    This paragraph restates the requirements of paragraph (m) of AD 2011-13-11, with new service information. If any discrepancy (i.e., if any condition specified in steps (a) through (d) of paragraph 4.2.2 of Airbus AOT A320-32A1390, dated February 10, 2011, is not met; or if any door actuator fails any inspection check specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014) is found during any inspection required by paragraph (k) or (l) of this AD, before further flight, replace the affected MLG door actuator with a new MLG door actuator, in accordance with the instructions of Airbus AOT A320-32A1390, dated February 10, 2011; or Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014, to do the actions required by this paragraph.

    (n) Retained Statement of No Terminating Action for Certain Requirements, With No Changes

    This paragraph restates the statement of paragraph (n) of AD 2011-13-11, with no changes. Replacement of the MLG door actuator as required by paragraph (m) of this AD is not a terminating action for the repetitive actions required by paragraphs (j) and (l) of this AD.

    (o) Retained Configuration and Part Number Determination, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2013-16-09, with no changes. At the later of the compliance times specified in paragraphs (o)(1) and (o)(2) of this AD: Do an inspection to determine the configuration (modification status) of the airplane and identify the part number of the LH and RH LGCIU and MLG door actuators. A review of the airplane delivery or maintenance records is acceptable for compliance with the requirements of this paragraph provided the airplane configuration and installed components can be conclusively determined from that review.

    (1) Prior to the accumulation of 800 total flight cycles since first flight of the airplane.

    (2) Within 14 days after August 23, 2013 (the effective date of AD 2013-16-09).

    (p) Retained MLG Door Opening Sequence Repetitive Inspections, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2013-16-09, with no changes. If, during the determination and identification required by paragraph (o) of this AD, the configuration of the airplane is determined to be post-Airbus Modification 39303 or post-Airbus Service Bulletin A320-32-1409 (Interlink Communication ARINC 429 installed), and both an LGCIU and a MLG door actuator are installed with a part number listed in figure 2 to paragraph (p) of this AD: Except as provided by paragraph (s) of this AD, at the later of the compliance times specified in paragraphs (o)(1) and (o)(2) of this AD, and thereafter at intervals not to exceed 8 days or 5 flight cycles, whichever occurs later, do an inspection of the door opening sequence of the LH and RH MLG doors, in accordance with the instructions of Airbus Alert Operators Transmission (AOT) A32N001-13, dated June 24, 2013.

    Figure 2 to Paragraph (p) of This AD—Affected Part Numbers Component name Part No. LGCIU (LH and RH) 80-178-02-88012
  • 80-178-03-88013
  • MLG door actuator 114122006 114122007 114122009 114122010 114122011 114122012
    (q) Retained MLG Door Opening Sequence Corrective Action, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2013-16-09, with no changes. If a slow door operation or restricted extension is found during any inspection required by paragraph (p) of this AD: Before further flight, replace the affected MLG door actuator with a new or serviceable actuator, in accordance with the instructions of Airbus AOT A32N001-13, dated June 24, 2013.

    (r) Retained Terminating Action Limitation for Certain Actions, With New Service Information

    This paragraph restates the requirements of paragraph (j) of AD 2013-16-09, with new service information. Replacement of a MLG door actuator, as required by paragraph (q) of this AD, does not constitute terminating action for the repetitive inspections required by paragraph (p) of this AD, unless MLG door actuators having P/N 114122014 are installed on both LH and RH sides, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, dated May 14, 2013; or Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014. As of the effective date of this AD, use only Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014, for the actions required by this paragraph.

    (s) Retained Repetitive Inspection Exception, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD 2013-16-09, with no changes. Airplanes on which the LGCIU interlink is disconnected (Airbus Modification 155522 applied in production, or modified in-service in accordance with the instructions of Airbus AOT A32N001-13, dated June 24, 2013), or on which MLG door actuators having P/N 114122014 are installed on both LH and RH sides (Airbus Modification 153655 applied in production, or modified in-service as described in Airbus Service Bulletin A320-32-1407), are not required to do the actions required by paragraph (p) of this AD, provided that the airplane is not modified to a configuration as defined in paragraph (p) of this AD.

    (t) New Revision of the AFM

    Within 14 days after the effective date of this AD, revise the Emergency Procedure Section of the AFM to incorporate Airbus A318/A319/A320/A321 Temporary Revision (TR) TR437, L/G—GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014. When this TR has been included in general revisions of the AFM, the general revisions may be inserted in the AFM, provided the relevant information in the general revision is identical to that in this TR, and the copy of this TR may be removed from the AFM. Doing the action required by this paragraph terminates the actions required by paragraph (i) of this AD.

    (u) New Replacement of MLG Door Actuator Having P/N 114122012

    Within 12 months after the effective date of this AD: Replace each MLG door actuator having P/N 114122012 with a MLG door actuator having P/N 114122014, and flush the affected hydraulic system, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or modify each actuator, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014; except where General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, specifies to contact the manufacturer, 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's EASA Design Organization Approval (DOA).

    (v) New Replacement of Certain Other MLG Door Actuators

    Within 24 months after the effective date of this AD: Replace each MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD, except P/N 114122012, with a MLG door actuator having P/N 114122014, and flush the affected hydraulic system, in accordance with Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; or modify each actuator, including doing all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014; except where General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014, specifies to contact the manufacturer, before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.

    Figure 3 to Paragraph (v) of This AD—Affected Part Numbers Component name Part No. MLG door actuator 114122006
  • 114122007
  • 114122009 114122010 114122011 114122012
    (w) New Terminating Action

    Modification of an airplane as required by paragraphs (u) and (v) of this AD, as applicable, constitutes terminating action for all repetitive actions (PFR monitoring checks and inspections) required by this AD for that airplane.

    (x) New Conditional Terminating Action

    Replacement of a MLG door actuator as required by paragraphs (m) and (q) of this AD; or corrective actions as specified in Airbus AOT A320-32A1390, dated February 10, 2011; or replacement of a MLG door actuator as specified in Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014; does not constitute terminating action for the repetitive inspections required by paragraphs (j), (l), and (p) of this AD, unless MLG door actuators having P/N 114122014 are installed on both LH and RH sides, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014.

    (y) New Exception to AD Requirements

    (1) An airplane on which MLG door actuators having P/N 114122014 are installed on both LH and RH sides (Airbus Modification 153655 applied in production, or modified in service as specified in Airbus Service Bulletin A320-32-1407, dated May 14, 2013; Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014; General Electric Service Bulletin 114122-32-105, dated January 17, 2013; or General Electric Service Bulletin 114122-32-105, Revision 1, dated March 26, 2013; or General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014); is not affected by the requirements of paragraphs (j) through (v) of this AD, provided that no MLG door actuator with a part number in figure 3 to paragraph (v) of this AD has been installed on that airplane since first flight, or since modification, as applicable.

    (2) An airplane in the configuration specified in paragraph (y)(1) of this AD, and with flight warning computers having P/N 350E053021212 (H2F7) installed (Airbus Modification 153741 applied in production, or modified in service as specified in Airbus Service Bulletin A320-31-1414), is not affected by the requirement of paragraph (t) of this AD and, following modification, Airbus A318/A319/A320/A321 TR TR437, L/G GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014 (if inserted), may be removed from the AFM of that airplane.

    (z) New Parts Installation Prohibitions

    (1) Except as specified in paragraph (z)(2) of this AD, as of the effective date of this AD, do not install on any airplane a MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD.

    (2) For an airplane subject to the requirements of paragraphs (u) and (v) of this AD, as applicable, do not install a MLG door actuator having a part number listed in figure 3 to paragraph (v) of this AD after modification of the airplane.

    (3) Except as specified in paragraph (z)(4) of this AD, as of the effective date of this AD, do not install on any airplane a flight warning computer (FWC) having a part number listed in figure 4 to paragraph (z) of this AD.

    (4) For an airplane subject to the requirements of paragraphs (u) and (v) of this AD, as applicable, do not install a FWC having a part number listed in figure 4 to paragraph (z) of this AD after modification of the airplane.

    Figure 4 to Paragraph (z) of This AD—Affected Part Numbers Component name Part No. Flight warning computer 350E016187171 (C5)
  • 350E017238484 (H1D1)
  • 350E017248685 (H1D2)
  • 350E017251414 (H1E1) 350E017271616 (H1E2) 350E018291818 (H1E3CJ) 350E018301919 (H1E3P) 350E018312020 (H1E3Q) 350E053020202 (H2E2) 350E053020303 (H2E3) 350E053020404 (H2E4) 350E053020606 (H2F2) 350E053020707 (H2F3) 350E053021010 (H2F3P) 350E053020808 (H2F4) 350E053020909 (H2F5) 350E053021111 (H2F6)
    (aa) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before April 27, 2007 (the effective date of AD 2007-06-18), using Airbus Service Bulletin A320-32-1309, dated March 7, 2006. This service information is not incorporated by reference in this AD.

    (2) This paragraph provides credit for actions required by paragraphs (k), (l), and (m) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A320-32-1390, Revision 01, dated September 21, 2011; or Airbus Service Bulletin A320-32-1390, Revision 02, dated October 23, 2013. This service information is not incorporated by reference in this AD.

    (3) This paragraph provides credit for actions required by paragraphs (u) and (v) of this AD, if those actions were performed before the effective date of this AD using General Electric Service Bulletin 114122-32-105, dated January 17, 2013; or General Electric Service Bulletin 114122-32-105, Revision 1, dated March 26, 2013. This service information is not incorporated by reference in this AD.

    (bb) 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: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; 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) Required for Compliance (RC): If any Airbus service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified 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 procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (3) Contacting the Manufacturer: As of the effective date of this AD, except as specified in paragraph (j) of this AD for the use of an alternative method to check the PFR for CFDS messages, 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 EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (4) Previously Approved AMOCs: AMOCs approved previously for AD 2011-13-11 and AD 2013-16-09 are approved as AMOCs for the corresponding provisions of this AD.

    (cc) Special Flight Permits

    Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the airplane can be modified (if the operator elects to do so), provided the MLG remains extended and locked, and that no MLG recycle is done.

    (dd) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0221, dated September 30, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0529.

    (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (ee)(7), (ee)(8), and (ee)(9) of this AD.

    (ee) 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.

    (3) The following service information was approved for IBR on April 13, 2016.

    (i) Airbus A318/A319/A320/A321 Temporary Revision TR437, L/G—GEAR NOT DOWNLOCKED, Issue 1.0, dated May 23, 2014, to the Airbus A318/A319/A320/A321 Airplane Flight Manual.

    (ii) Airbus Service Bulletin A320-32-1390, Revision 03, dated July 3, 2014.

    (iii) Airbus Service Bulletin A320-32-1407, Revision 01, dated July 3, 2014.

    (iv) General Electric Service Bulletin 114122-32-105, Revision 2, dated June 24, 2014.

    (4) The following service information was approved for IBR on August 23, 2013 (78 FR 48286, August 8, 2013).

    (i) Airbus Alert Operators Transmission A32N001-13, dated June 24, 2013.

    (ii) Reserved.

    (5) The following service information was approved for IBR on July 12, 2011 (76 FR 37241, June 27, 2011).

    (i) Airbus All Operators Telex A320-32A1390, dated February 10, 2011.

    (ii) Reserved.

    (6) The following service information was approved for IBR on April 27, 2007 (72 FR 13681, March 23, 2007).

    (i) Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006.

    (ii) Reserved.

    (7) For Airbus service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com.

    (8) For General Electric service information identified in this AD contact GE Aviation, Customer Support Center, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]; Internet: http://www.geaviation.com.

    (9) 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.

    (10) 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 18, 2016. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-04577 Filed 3-8-16; 8:45 am] BILLING CODE 4910-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1809 and 1852 RIN 2700-AE26 NASA FAR Supplement: NASA Suspending and Debarring Official AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Final rule.

    SUMMARY:

    National Aeronautics and Space Administration (NASA) is issuing a final rule to amend the NASA FAR Supplement (NFS) to change the role of NASA suspending and debarring official from the Assistant Administrator for Procurement to the Deputy General Counsel and to make other editorial changes.

    DATES:

    Effective: April 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Manuel Quinones, NASA, Office of Procurement, telephone (202) 358-2143.

    SUPPLEMENTARY INFORMATION:

    I. Background

    NASA has not published a proposed rule in the Federal Register to reassign the role of NASA Suspending and Debarring Official (SDO) from the NASA Assistant Administrator for Procurement to the NASA Deputy General Counsel at NFS 1809.403, because this change affects only the internal operating procedures of the Government and has no significant cost or administrative or cost impact on contractors or offerors.

    Additionally, section 1852.223-73 is revised to correct a typographical error by redesignating paragraph (d) as (c). No other changes to the clause are made.

    II. Publication of This Final Rule for Public Comment Is Not Required by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because the revision to section 1809.403 merely reassigns the role of NASA suspending and debarring official from the Assistant Administrator for Procurement to the Deputy General Counsel. This change affects only the internal operating procedures of the Government.

    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

    The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant NFS revision within the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require publication for public comment.

    V. Paperwork Reduction Act

    The rule does not contain any 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).

    List of Subjects in 48 CFR 1809 and 1852

    Government procurement.

    Manuel Quinones, NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1809 and 1852 are amended as follows:

    PART 1809—CONTRACTOR QUALIFICATIONS 1. The authority citation for part 1809 is revised to read as follows: Authority:

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

    2. Revise section 1809.403 to read as follows:
    1809.403 Definitions.

    For purposes of FAR subpart 9.4 and this subpart, the Deputy General Counsel is the “debarring official,” the “suspending official,” and the agency head's “designee.”

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

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

    1852.223-73 [Amended]
    4. Amend section 1852.223-73 by redesignating paragraph (d) as (c).
    [FR Doc. 2016-05231 Filed 3-8-16; 8:45 am] BILLING CODE 7510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151223999-6135-01] RIN 0648-XE379 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2016 Annual Catch Limits AGENCY:

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

    ACTION:

    Temporary final rule; adjustment of specifications.

    SUMMARY:

    This action adjusts initial 2016 annual catch limits for the Atlantic herring fishery to account for the under-harvest and overages of fishing year 2014 sub-annual catch limits. The 2015 specifications will remain in place after December 31, 2015, until NMFS sets new specifications through a 2016-2018 fishery specifications final rule, which NMFS expects to publish in the spring of 2016. In accordance with the regulations implementing the Atlantic Herring Fishery Management Plan, this action uses final herring catch data from 2014 for determining what under-harvest and overages occurred in fishing year 2014, and adjusts the initial 2016 annual catch limits for the four management areas (Areas 1A, 1B, 2, and 3). In addition, this action adjusts the initial 2016 stock-wide annual catch limit to account for any management area overages incurred in 2014. In order to ensure that carryover pounds do not cause overfishing of the herring resource, area-specific carryover does not increase the initial stock-wide catch allocation. This action is necessary to ensure that NMFS accounts for herring catch consistent with the requirements of the Atlantic Herring Fishery Management Plan.

    DATES:

    Effective March 9, 2016, through December 31, 2016.

    ADDRESSES:

    Copies of supporting documents, including the 2013-2015 Specifications/Framework 2 to the Atlantic Herring Fishery Management Plan (FMP), are available from the Sustainable Fisheries Division, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315, or online at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html

    FOR FURTHER INFORMATION CONTACT:

    Emily Gilbert, Fishery Policy Analyst, 978-281-9244, fax 978-281-9135.

    SUPPLEMENTARY INFORMATION:

    Background

    The Atlantic herring harvest in the United States is managed under the FMP developed by the New England Fishery Management Council (Council). The FMP divides the stock-wide herring annual catch limit (ACL) among three management areas, one of which has two sub-areas. It divides Area 1 (located in the Gulf of Maine (GOM)) into an inshore section (Area 1A) and an offshore section (Area 1B). Area 2 is located in the coastal waters between Massachusetts and North Carolina, and Area 3 is on Georges Bank (GB). The FMP considers the herring stock complex to be a single stock, but there are inshore (GOM) and offshore (GB) stock components. The GOM and GB stock components segregate during spawning and mix during feeding and migration. Each management area has its own sub-ACL to allow greater control of the fishing mortality on each stock component.

    NMFS issued a final rule that implemented Amendment 4 to the FMP (76 FR 11373, March 2, 2011) to address ACL and accountability measure (AM) requirements. As a way to account for ACL overages in the herring fishery, Amendment 4 established an AM that provided if the catch of herring exceeds any ACL or sub-ACL, NMFS subsequently deducts the overage from the corresponding ACL/sub-ACL in the year following the catch overage determination. Amendment 4 also specified that NMFS will announce overage deductions in the Federal Register prior to the start of the fishing year, if possible.

    We also published a final rule implementing Framework 2 to the FMP and the 2013-15 specifications for the herring fishery on October 4, 2013 (78 FR 61828). Among other measures, Framework 2 allows for the carryover of unharvested catch in the year immediately following the catch determination. Up to 10 percent of each sub-ACL may be carried over, provided the stock-wide catch did not exceed the stock-wide ACL. The carryover provision allows a sub-ACL increase for a management area, but it does not allow a corresponding increase to the stock-wide ACL.

    NMFS was unable to set final 2016 catch limits for the herring fishery by the January 1, 2016, start of the fishing year. As a result, the 2015 specifications will remain in place until NMFS implements specifications for the 2016-2018 herring fishing years, likely the spring of 2016. Table 1 outlines the 2015 herring catch allocations, including deductions for research set-aside, which are currently in place for the 2016 fishing year.

    Table 1—2015 Herring Sub-ACLs (mt) Effective at the Start of 2016 2015
  • sub-ACLs
  • Research set-aside
  • (3 percent of sub-ACLs)
  • 2015 adjusted sub-ACL
    Area 1A 31,200 936 30,264 Area 1B 4,600 138 4,462 Area 2 30,000 900 29,100 Area 3 42,000 1,260 40,740 Stock-wide 107,800 3,234 (total of all sub-ACL set-asides) 104,566
    Provisions Implemented Through This Final Rule

    After completing the 2014 catch determination in December 2015, NMFS determined that in 2014 the herring fishery overharvested the sub-ACL in herring management Area 1B, but caught less than its allocated catch in the three remaining herring management areas (Areas 1A, 2, and 3). As a result, this action deducts the overage amount from the 2016 herring catch limit in herring management Area 1B and adds unharvested 2014 catch to the 2016 herring catch limits for the remaining three areas. This carryover equals to the amount of each area's underages (or up to ten percent of the allocated 2014 sub-annual catch limit, whichever is less) for herring management Areas 1A, 2, and 3. Table 2 provides the harvest details for 2014 and initial adjustments for 2016 herring catch limits.

    Table 2—Herring Sub-ACLs, Catch, and Carryover (mt) 2014
  • sub-ACLs
  • 2014 catch Underage or overage Carryover (max 10 percent of 2014 sub-ACLs *) or overage
  • deduction
  • 2015 adjusted sub-ACLs (from Table 1) Initial 2016 sub-ACLs
  • adjusted for
  • carryover or
  • overage
  • Area 1A 33,031 32,898 133 133 30,264 30,397 Area 1B 2,878 4,399 −1,521 −1,521 4,462 2,941 Area 2 28,764 19,626 9,138 3,000 29,100 32,100 Area 3 39,415 36,323 3,092 3,092 40,740 43,832 Stock-wide 104,088 93,247 10,841 NA 104,566 ** 103,045 * Maximum carryover, where applicable, is based on 10 percent of initial 2014 ACLs: Area 1A, 31,200 mt; Area 1B, 4,600 mt; Area 2, 30,000 mt; and Area 3, 42,000 mt. ** Although the initial 2016 stock-wide ACL cannot be increased by carryover, it is deducted by the amount of overage in Area 1B.

    NMFS calculated the amount of herring landings in 2014 based on dealer reports (Federal and state) of herring purchases, supplemented by vessel trip reports (VTRs) and vessel monitoring system (VMS) reports (Federal and State of Maine) of herring landings. We generally use dealer reports to estimate landings; however, if the amount of herring reported via VTR exceeded the amount of herring reported by the dealer by 10 percent or more, we assumed that the dealer report for that trip was in error, and used the VTR report instead. Landings were assigned to individual herring management areas using VMS reports, or latitude and longitude coordinates from VTR reports when a VMS report was not available. We used recent fishing activity to infer herring management areas for records without a corresponding VTR or VMS catch report.

    Herring discards were estimated by extrapolating discards from herring trips observed by the Northeast Fisheries Observer Program to all herring trips (observed and unobserved) according to gear and herring management area. Research Set-Aside herring catch was deducted from total herring catch and not counted towards the commercial herring quota.

    Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the MSA, and other applicable law.

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action. Notice and comment are impracticable and contrary to the public interest because a delay would potentially impair achievement of the management plan's objectives of preventing overfishing and achieving optimum yield due to vessels' ability to harvest available catch allocations. Further, this is a nondiscretionary action required by provisions of Amendment 4 and Framework 2, which were previously subject to public comment. This action simply effectuates this mandatory calculation. The proposed and final rules for Framework 2 and Amendment 4 explained the need and likelihood for adjustments to the sub-ACLs based on final catch numbers. Framework 2, specifically, provided prior notice of the need to distribute carryover catch. These actions provided a full opportunity for the public to comment on the substance and process of this action.

    Allowing for prior notice and public comment on this adjustment is also impracticable because the herring fishing year already began on January 1, 2016. To prevent confusion and potential overharvests, it will be in the best interest of the fleet and the herring resource to set the adjusted sub-ACLs as soon as possible. Three areas are currently closed and will open on either May 1 (i.e., Management Areas 1B and 3) or June 1 (i.e., Management Area 1A). Management Area 2 is already open and subject to a lower catch limit until this action is implemented. Putting in place the adjusted initial sub-ACLs as soon as possible will provide the fleet with this opportunity to develop their business plans in sufficient time to facilitate their harvest of available catch.

    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make the rule effective upon publication in the Federal Register. The 2016 herring fishing year began on January 1, 2016. To prevent confusion and potential overharvests, it will be in the best interest of the fleet and the herring resource to have the adjusted sub-ACLs in place as soon as possible. Due to seasonal closures of Area 1A and 1B, and closure of most of Area 3 because of haddock catch, only Area 2 is open and it is subject to a lower catch limit until this action is implemented. Putting in place the adjusted initial sub-ACLs as soon as possible will provide the fleet with this opportunity to develop their business plans in sufficient time to facilitate their harvest of available catch. Accordingly, any delay in the rule's effectiveness would be contrary to the conservation objectives of the MSA and the FMP.

    This action is required by 50 CFR part 648 subpart K and is exempt from review under Executive Order 12866.

    This final rule does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act.

    Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 2, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2016-05250 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    81 46 Wednesday, March 9, 2016 Proposed Rules DEPARTMENT OF COMMERCE Bureau of the Census 15 CFR Part 30 [Docket Number: 151222999-6020-01] RIN 0607-AA55 Foreign Trade Regulations: Clarification on Filing Requirements AGENCY:

    Bureau of the Census, Commerce Department.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Bureau of the Census (Census Bureau) is proposing to amend its regulations to reflect new export reporting requirements related to the implementation of the International Trade Data System (ITDS), in accordance with the Executive Order 13659, Streamlining the Export/Import Process for American Businesses. The ITDS was established by the Security and Accountability for Every (SAFE) Port Act of 2006. The proposed changes also include the addition of two new data elements in the Automated Export System (AES); the original Internal Transaction Number (ITN) field and the used electronics indicator. Lastly, the Census Bureau proposes to make changes to provide clarity on existing reporting requirements. These changes are discussed in detail in the SUPPLEMENTARY INFORMATION section.

    DATES:

    Submit written comments on or before May 9, 2016.

    ADDRESSES:

    Please direct all written comments on this notice of proposed rulemaking to the Chief, International Trade Management Division, U.S. Census Bureau, Washington, DC 20233-6010. You may also submit comments, identified by RIN number 0607-AA55, to the Federal e-Rulemaking Portal: http://www.regulations.gov. All comments received are part of the public record. No comments will be posted to http://www.regulations.gov for public viewing until after the comment period has closed. Comments will generally be posted without change. All Personal Identifying Information (for example, name and address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. The Census Bureau will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

    FOR FURTHER INFORMATION CONTACT:

    Dale C. Kelly, Chief, International Trade Management Division, U.S. Census Bureau, Washington, DC 20233-6010, by phone: (301) 763-6937, by fax: (301) 763-8835, or by email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    The Census Bureau is responsible for collecting, compiling, and publishing trade statistics for the United States under the provisions of title 13 of the United States Code (U.S.C.), chapter 9, section 301. The International Trade Data System (ITDS), the interagency program for collecting trade related information was established by section 405 of the Security and Accountability for Every (SAFE) Port Act of 2006 (Pub. L. 109-347, 120 Stat. 1884) to eliminate redundant information collection and for the collection and distribution of standard electronic import and export data required by all participating federal agencies. The ITDS also seeks to efficiently regulate the flow of commerce and to effectively enforce laws and regulations relating to international trade by establishing a single portal system, or “single window.”

    The Automated Export System (AES), or any successor system, is the mechanism by which Census Bureau collects Electronic Export Information (EEI)—the electronic equivalent of the export data formerly collected on the Shipper's Export Declaration, reported pursuant to title 15 of the Code of Federal Regulations (CFR), part 30. In order to achieve the goals of the ITDS, the AES has been incorporated into Automated Commercial Environment (ACE), the “single window,” which is operated and maintained by U.S. Customs and Border Protection (CBP) for the submission and processing of trade information. The AES will additionally include export information collected under other federal agencies' authority, which is subject to those agencies' disclosure mandates.

    The Census Bureau is also proposing to add two new data elements, “Original ITN” and a “Used electronics indicator.” The “Original ITN” may be utilized if a previously filed shipment is replaced or divided and for which additional shipment(s) must be filed. Adding the “Original ITN” will assist the export trade community and enforcement agencies in identifying that a filer completed the mandatory filing requirements for the original shipment and any additional shipment(s). The “Used electronics indicator” is being added to improve information on trade flows on used electronics in order to effectuate the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. 6901 et seq.; Executive Order 13693, Planning for Federal Sustainability in the Next Decade; and the National Strategy for Electronics Stewardship. The goal of these directives is to improve the availability and quality of data on the trade and handling of used electronics in order to develop and encourage the employment of environmentally sound practices with respect to disposal of all excess or surplus electronic products in order to reduce the likelihood of negative impacts to the health and environment in developing countries.

    The revised timeframes for split shipments that were addressed in FTR Letter #6, Notice of Regulatory Change for Split Shipments, have been incorporated into the proposed text.

    Finally, the proposed revisions to the FTR have received concurrence from the Department of Homeland Security and the U.S. Department of State as required by title 13, United States Code, section 303, and Public Law 107-228, div. B, title XIV, section 1404.

    Program Requirements

    The Census Bureau is proposing to amend the following sections of 15 CFR part 30:

    • In § 30.1(c), revise the definition of “AES applicant” to remove the text “applies to the Census Bureau for authorization” and “or its related applications” because the registration will no longer go through the Census Bureau. Rather, the registration will be submitted to CBP through its Web site or through ACE and will be processed by CBP. Also, related applications will be eliminated.

    • In § 30.1(c), revise the definition of “AESDirect” to clarify the appropriate parties that can transmit Electronic Export Information (EEI) through the AES, clarify that all regulatory requirements pertaining to AES also apply to AESDirect, and eliminate the URL.

    • In § 30.1(c), revise the definition of “AES downtime filing citation” to allow for an electronic process and to clarify that the citation cannot be used for shipments subject to the International Traffic in Arms Regulations (ITAR).

    • In § 30.1(c), remove the definition of “AES participant application (APA)” because the APA is no longer used for filers to obtain access to the AES.

    • In § 30.1(c), revise the definition of “Annotation” to remove the word “placed” to eliminate the implication of a manual process and add “or electronic equivalent” to allow for an electronic process.

    • In § 30.1(c), add the definition of “Automated Commercial Environment (ACE)” to identify the system through which the trade community reports data.

    • In § 30.1(c), revise the definition of “Automated Export System (AES)” to reduce redundancy.

    • In § 30.1(c), revise the definition of “Bill of lading (BL)” to distinguish between the responsibilities of the carrier and the authorized agent.

    • In § 30.1(c), revise the definition of “Container” to make the language consistent with Article 1 of the Customs Convention on Containers.

    • In § 30.1(c), remove the definition of “Domestic exports” because this term is not used in the FTR and add the definition of “Domestic goods.”

    • In § 30.1(c), revise the definition “Fatal error message” by removing the language “the problem, correct the data” to reduce redundancy.

    • In § 30.1(c), revise the term “Filers” to “Filer” and revise the definition to reduce redundancy.

    • In § 30.1(c), remove the definition of “Foreign exports” because this term is not used in the FTR and add the definition of “Foreign goods.”

    • In § 30.1(c), remove the definition for “Non Vessel Operating Common Carrier (NVOCC)” because the term is not referenced in the FTR.

    • In § 30.1(c), revise the definition of “Proof of filing citation” by removing the word “placed” to eliminate the implication of a manual process and allow for an electronic process.

    • In § 30.1(c), remove the definition of “Reexport” because the term is not used for statistical purposes in the FTR.

    • In § 30.1(c), revise the definition of “Service center” to clarify the role of a service center as it pertains to the FTR.

    • In § 30.1(c), revise the term “Shipment reference number” to read as “Shipment Reference Number (SRN).”

    • In § 30.1(c), revise the definition of “Split shipment” to incorporate the revised timeframes addressed in FTR Letter #6, Notice of Regulatory Change for Split Shipments.

    • In § 30.1(c), revise the term “Transportation reference number” to read as “Transportation Reference Number (TRN).”

    • In § 30.1(c), add the term “Used electronics” to clarify the new conditional data element that will be collected.

    • Revise § 30.2(a)(1)(iv)(A) to ensure consistency with the Department of Commerce, Bureau of Industry and Security regulations.

    • Revise § 30.2(a)(1)(iv)(C) to add language which notes that the filer must reference the Department of State regulations for exceptions to the filing requirements for goods subject to the ITAR.

    • Revise § 30.2(b)(3) to remove the reference to “30.4(b)(3)” and add “30.4(b)(4)” in its place.

    • Revise § 30.2(c) to clarify the ACE Exporter Account Application and Certification Process.

    • Revise § 30.3(e)(2) to add language requiring the date of export and Internal Transaction Number (ITN) to be provided to the U.S. Principal Party in Interest (USPPI) upon request.

    • Revise § 30.3(e)(2) to add paragraph (xv) “Ultimate consignee type” to clarify that the authorized agent is responsible for reporting the ultimate consignee type in a routed export transaction.

    • Revise § 30.4(b)(2)(v) to reference only mail shipments by removing the words “and cargo shipped by other modes, except pipelines” because all other modes are covered in paragraph (vi). In addition, revise language to replace “exporting carrier” with “U.S. Postal Service” and remove the reference to § 30.46 because pipeline language has been added to § 30.4(c)(2).

    • Revise § 30.4(b)(3) to indicate that the USPPI or authorized agent must provide the proof of filing citation, postdeparture filing citation, AES downtime citation, exemption or exclusion legend to the carrier.

    • Revise § 30.4(c) to read “EEI transmitted postdeparture.”

    • Revise § 30.4 by adding paragraphs (c)(1) to address current postdeparture filing procedures and (c)(2) to address pipeline filing procedures.

    • Revise the title of § 30.5 to be “Electronic Export Information filing processes and standards” to accurately reflect the information that remains in this section since the AES application and certification process are removed.

    • Revise § 30.5 to remove the introduction paragraph and remove and reserve paragraphs (a) and (b) because the certification process is now addressed in § 30.2(c).

    • Remove § 30.5(d)(3) to remove outdated requirements.

    • Revise § 30.5(f) to amend outdated information.

    • Revise § 30.6 introductory paragraph to add language indicating that additional elements collected in ITDS are mandated by the regulations of other federal government agencies.

    • Revise § 30.6(a)(1) to include the definition of the USPPI for consistency with the format for other data elements.

    • Revise § 30.6(a)(1)(iii) to clarify the use of an Employer Identification Number (EIN) and include the Data Universal Numbering System (DUNS) number as an acceptable USPPI ID number.

    • Revise § 30.6(a)(1)(iv) to clarify whose contact information should be provided in the AES for the USPPI.

    • Revise § 30.6(a)(5)(i) to clarify the country of ultimate destination to be reported with respect to shipments under BIS and State Department export licenses.

    • Revise § 30.6(a)(5)(ii) and add paragraphs (A) through (C) to clarify the country of ultimate destination to be reported with respect to shipments not moving under an export license.

    • Revise § 30.6(a)(11) by removing paragraphs (i) and (ii) as domestic goods and foreign goods are now included in § 30.1(c) as definitions.

    • Revise § 30.6(a)(19) to conform with the revised term “Shipment reference number (SRN).”

    • Revise the title of § 30.6(b)(14) to conform with the revised term “Transportation Reference Number (TRN).”

    • Revise § 30.6(b) to add paragraph (18) to include the used electronics indicator to improve information on trade flows and the disposal of used electronics to ensure compliance with the Resource Conservation and Recovery Act (RCRA) 42 U.S.C 6901 et seq. and Executive Order 13693, Planning for Sustainability in the Next Decade.

    • Revise § 30.6(c) to add paragraph (3) to include the original ITN field. Adding the original ITN field will assist the export trade community and enforcement agencies in identifying that a filer completed the mandatory filing requirements for the original shipment and any additional shipment(s).

    • Remove § 30.10(a)(1) and (2) because the electronic certification notice is no longer provided.

    • Revise § 30.28 introductory paragraph to incorporate the revised timeframes addressed in FTR Letter #6, Notice of Regulatory Change for Split Shipments.

    • Revise § 30.28(a) to allow for an electronic process and incorporate the revised timeframes.

    • Revise § 30.28 by removing paragraph (c) to eliminate redundancy.

    • Revise § 30.29(a)(1), (a)(2) and (b)(2) to remove the terms “Non-USML” and “USML” and add the phrases “goods not licensed by a U.S. Government agency” and “goods licensed by a U.S. Government agency or controlled by the ITAR” to clarify that EEI shall be filed as stated on the export license, if applicable.

    • Revise § 30.36(b)(4) to ensure consistency with the Export Administration Regulations.

    • Revise the title to subpart E and § 30.45, revise § 30.45(a), (a)(1) and (b), remove and reserve § 30.45(a)(2), and remove § 30.45(c) through (f) to ensure consistency with the CBP regulations.

    • Revise §§ 30.46 and 30.47 by removing and reserving these sections.

    • Revise § 30.50 introductory paragraph to remove Automated Broker Interface (ABI) and insert the reference to ACE.

    • Revise § 30.53 introductory paragraph to provide more detail for classifying goods temporarily imported for repair and remove § 30.53(a) and (b).

    • Revise § 30.74(c)(5) to indicate the new division name and revise the address.

    Appendix B

    • Revise appendix B, part III, to include the new BIS License Exception C60 DY6—.y “600 series” items.

    • Revise appendix B, part III, to include the new BIS License Exception C62 SCP—Support for the Cuban People.

    Appendix D

    • Revise the title in appendix D to read “Appendix D to Part 30—AES Filing Citation, Exemption and Exclusion Legends.”

    • Revise appendix D numbers III and IV to clarify the dates listed in the examples are the dates of export.

    • Revise appendix D to remove “XII. Proof of filing citations by pipeline.”

    Appendix E

    • Remove appendix E as the references between the Foreign Trade Statistics Regulations (FTSR) and FTR are no longer necessary because the FTSR became obsolete on June 2, 2008.

    Rulemaking Requirements Regulatory Flexibility Act

    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 will not have a significant impact on a substantial number of small entities.

    This action requires that U.S. Principal Parties in Interest (USPPIs) or authorized agents in the United States file export information to the AES for all shipments where an Electronic Export Information (EEI) record is required under the FTR. The SBA's table of size standards indicates that businesses that are the USPPI or authorized agent and file export information are considered small businesses if they employ less than 500 people. Based on Exhibit 7a of the 2013 Profile of U.S. Exporting Companies, the Census Bureau estimates that there are 297,000 USPPIs that are considered small business entities under the Small Business Act definition. And more than 90 percent of these USPPIs use an authorized agent to file export information. An estimate of the number of authorized agents is not known and unable to be determined.

    The Census Bureau anticipates that the new requirements will not significantly affect the small businesses that file through the AES. While this regulation would likely affect a substantial number of agents that are small entities, it is not likely that the effect will be significant. The majority of agents require use of a computer to perform routine tasks, such as filing through the AES. These agents are unlikely to be significantly affected by these new requirements, as they already possess the necessary technology and equipment to submit the information through the AES. In addition, it is not necessary for small businesses to purchase software for this task because a free Internet-based system is provided, AESDirect, especially for small businesses to submit their export information electronically. The proposed new requirements will have minimal impact on response burden. For these reasons, this proposed rule will not have a significant economic impact on a substantial number of small entities.

    Executive Orders

    This proposed rule has been determined to be not significant for purposes of Executive Order 12866. It has been determined that this proposed rule does not contain policies with federalism implications as that term is defined under Executive Order 13132.

    Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), unless that collection of information displays a current and valid Office of Management and Budget (OMB) control number. This proposed rule contains a collection-of-information subject to the requirements of the PRA (44 U.S.C. 3501 et seq.) and has been approved under OMB control number 0607-0152.

    List of Subjects in 15 CFR Part 30

    Economic statistics, Exports, Foreign trade, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, the Census Bureau is proposing to amend 15 CFR part 30 as follows:

    PART 30—FOREIGN TRADE REGUALTIONS Subpart A—General Requirements 1. The authority citation for part 30 continues to read as follows: Authority:

    5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization plan No. 5 of 1990 (3 CFR 1949-1953 Comp., p. 1004); Department of Commerce Organization Order No. 35-2A, July 22, 1987, as amended, and No. 35-2B, December 20, 1996, as amended; Pub. L. 107-228, 116 Stat. 1350.

    2. Amend § 30.1(c) by: a. Revising the definitions for “AES applicant”, “AESDirect”, and “AES downtime filing citation”; b. Removing the definition for “AES participant application (APA)”; c. Revising the definition for “Annotation”; d. Adding in alphabetical order the definition for “Automated Commercial Environment (ACE)”; e. Revising the definitions for “Automated Export System (AES)”, “Bill of lading (BL)”, and “Container”; f. Removing the definition for “Domestic exports”; g. Adding in alphabetical order the definition for “Domestic goods”; h. Revising the definition for “Fatal error message”; i. Remove the definition for “Filers” and add in its place a definition for “Filer”; j. Removing the definition for “Foreign exports”; k. Adding in alphabetical order the definition for “Foreign goods”; l. Removing the definition for “Non Vessel Operating Common Carrier”; m. Revising the definition for “Proof of filing citation”; n. Removing the definition for “Reexport”; o. Revising the definitions for “Service center”, “Shipment reference number”, “Split shipment”, and “Transportation reference number”; and p. Adding in alphabetical order the definition for “Used electronics”.

    The revisions and additions read as follows:

    § 30.1 Purpose and definitions.

    (c) * * *

    AES applicant. The USPPI or authorized agent who registers through ACE to report export information electronically to the AES, or through AESDirect.

    AESDirect. A free Internet application that allows USPPIs and authorized agents to transmit EEI to the AES via the Internet. All regulatory requirements pertaining to AES also apply to AESDirect.

    AES downtime filing citation. A statement used in place of a proof of filing citation when the AES or AESDirect are inoperable. The citation must appear on the bill of lading, air waybill, export shipping instructions, other commercial loading documents or electronic equivalent. The downtime filing citation is not to be used when the filer's system is down, experiencing delays or for shipments subject to the International Traffic in Arms Regulations (ITAR).

    Annotation. An explanatory note (e.g., proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption or exclusion legend) on the bill of lading, air waybill, export shipping instructions, other commercial loading documents or electronic equivalent.

    Automated Commercial Environment (ACE). A CBP authorized electronic data interchange system for processing import and export data.

    Automated Export System (AES). The system, including AESDirect, for collecting EEI (or any successor document) from persons exporting goods from the United States, Puerto Rico, or the U.S. Virgin Islands; between Puerto Rico and the United States; and to the U.S. Virgin Islands from the United States or Puerto Rico.

    Bill of Lading (BL). A document that establishes the terms of a contract under which freight is to be moved between specified points for a specified charge. It is issued by the carrier based on instructions provided by the shipper or its authorized agent. It may serve as a document of title, a contract of carriage, and a receipt for goods.

    Container. (1) The term container shall mean an article of transport equipment (lift-van, movable tank or other similar structure):

    (i) Fully or partially enclosed to constitute a compartment intended for containing goods;

    (ii) Of a permanent character and accordingly strong enough to be suitable for repeated use;

    (iii) Specially designed to facilitate the carriage of goods, by one or more modes of transport, without intermediate reloading;

    (iv) Designed for ready handling, particularly when being transferred from one mode of transport to another;

    (v) Designed to be easy to fill and to empty; and

    (vi) Having an internal volume of one cubic metre or more;

    (2) The term container shall include the accessories and equipment of the container, appropriate for the type concerned, provided that such accessories and equipment are carried with the container. The term container shall not include vehicles, accessories or spare parts of vehicles, or packaging. Demountable bodies are to be treated as containers.

    Domestic goods. Goods that are grown, produced, or manufactured in the United States, or previously imported goods that have undergone substantial transformation in the United States, including changes made in a U.S. FTZ, from the form in which they were imported, or that have been enhanced in value or improved in condition by further processing or manufacturing in the United States.

    Fatal error message. An electronic response sent to the filer by the AES when invalid or missing data has been encountered, the EEI has been rejected, and the information is not on file in the AES. The filer is required to immediately correct and retransmit the EEI.

    Filer. The USPPI or authorized agent (of either the USPPI or FPPI) who has been approved to file EEI.

    Foreign goods. Goods that were originally grown, produced, or manufactured in a foreign country, then subsequently entered into the United States, admitted to a U.S. FTZ, or entered into a CBP bonded warehouse, but not substantially transformed in form or condition by further processing or manufacturing in the United States, U.S. FTZs, Puerto Rico, or the U.S. Virgin Islands.

    Proof of filing citation. A notation on the bill of lading, air waybill, export shipping instructions, other commercial loading document or electronic equivalent, usually for carrier use, that provides evidence that the EEI has been filed and accepted in the AES.

    Service center. A company, entity, or organization that has been certified and approved to facilitate the transmission of EEI to the AES.

    Shipment reference number (SRN). A unique identification number assigned to the shipment by the filer for reference purposes. The reuse of the SRN is prohibited.

    Split shipment. A shipment covered by a single EEI record booked for export on one conveyance, that is divided by the exporting carrier prior to export where the cargo is sent on two or more of the same conveyances of the same carrier leaving from the same port of export within 24 hours by vessel or 7 days by air, truck or rail.

    Transportation reference number (TRN). A reservation number assigned by the carrier to hold space on the carrier for cargo being shipped. It is the booking number for vessel shipments and the master air waybill number for air shipments, the bill of lading number for rail shipments, and the freight or pro bill for truck shipments.

    Used electronics. Various electronic equipment, products and associated accessories including consumer electronics and information technology equipment that are no longer in new packaging and have been given away or sold to be recycled, resold, reused, refurbished, repaired or disposed.

    3. Amend § 30.2 by revising paragraphs (a)(1)(iv)(A) and (C), (b)(3), and (c) to read as follows:
    § 30.2 General requirements for filing Electronic Export Information (EEI).

    (a) * * *

    (1) * * *

    (iv) * * *

    (A) Requiring a Department of Commerce, Bureau of Industry and Security (BIS) license or requiring reporting under the Export Administration Regulations (15 CFR 758.1(b)).

    (C) Subject to the ITAR, but exempt from license requirements, except as noted by the Department of State regulations.

    (b) * * *

    (3) The AES downtime procedures provide uniform instructions for processing export transactions when the government's AES or AESDirect is unavailable for transmission. (See § 30.4(b)(1) and (4)).

    (c) Certification and filing requirements. Approval is required to file EEI or develop AES software.

    (1) ACE Exporter Account Application. USPPIs or authorized agents who choose to file via the AESDirect shall complete an online ACE Exporter Account Application. No certification is required to file via AESDirect.

    (2) Letter of intent. The following parties shall complete an online letter of intent:

    (i) USPPIs or authorized agents who choose to file in a means other than AESDirect;

    (ii) Self-programming USPPIs or authorized agents;

    (iii) Service centers; and

    (iv) Software vendors who develop AES software.

    (3) Certification. The certification process is a two-part communication test to ascertain whether the system is capable of both transmitting data to and receiving responses from the AES. CBP client representatives make the sole determination as to whether or not the system of the self-programming filer, service center, or software vendor qualifies for certification. The following parties must complete the certification process:

    (i) Self-programming USPPIs or authorized agents,

    (ii) Service centers, and

    (iii) Software vendors who develop AES software.

    4. Amend § 30.3 by revising the introductory text of paragraph (e)(2) and adding paragraph (e)(2)(xv) to read as follows:
    § 30.3 Electronic Export Information filer requirements, parties to export transactions, and responsibilities of parties to export transactions.

    (e) * * *

    (2) Authorized agent responsibilities. In a routed export transaction, if an authorized agent is preparing and filing the EEI on behalf of the FPPI, the authorized agent must obtain a power of attorney or written authorization from the FPPI and prepare and file the EEI based on information obtained from the USPPI or other parties involved in the transaction. The authorized agent shall be responsible for filing EEI accurate and timely in accordance with the FTR. Upon request, the authorized agent will provide the USPPI with a copy of the power of attorney or written authorization from the FPPI. The authorized agent shall also retain documentation to support the EEI reported through the AES. The authorized agent shall upon request, provide the USPPI with the data elements in paragraphs (e)(1)(i) through (xii) of this section, the date of export as submitted through the AES, and the ITN. The authorized agent shall provide the following information through the AES:

    (xv) Ultimate consignee type.

    5. Amend § 30.4 by revising paragraphs (b)(2)(v), (b)(3) and (c) to read as follows:
    § 30.4 Electronic Export Information filing procedures, deadlines, and certification statements.

    (b) * * *

    (2) * * *

    (v) For mail cargo, the USPPI or the authorized agent shall file the EEI required by § 30.6 and provide the filing citation or exemption legend to the U.S. Postal Service no later than two (2) hours prior to exportation.

    (3) For shipments between the United States and Puerto Rico, the USPPI or authorized agent shall provide the AES proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption or exclusion legend to the exporting carrier by the time the shipment arrives at the port of unloading.

    (c) EEI transmitted postdeparture—(1) Postdeparture filing procedures. Postdeparture filing is only available for approved USPPIs. For all methods of transportation other than pipeline, approved USPPIs or their authorized agent may file data elements required by § 30.6 no later than five (5) calendar days after the date of exportation, except for shipments where predeparture filing is specifically required.

    (2) Pipeline filing procedures. USPPIs or authorized agents may file data elements required by § 30.6 no later than four (4) calendar days following the end of the month. The operator of a pipeline may transport goods to a foreign country without the prior filing of the proof of filing citation, exemption, or exclusion legend, on the condition that within four (4) calendar days following the end of each calendar month the operator will deliver to the CBP Port Director the proof of filing citation, exemption, or exclusion legend covering all exports through the pipeline to each consignee during the month.

    6. Amend § 30.5 by revising the section heading, removing the introductory text, removing and reserving paragraphs (a) and (b), removing paragraph (d)(3), and revising paragraph (f) to read as follows:
    § 30.5 Electronic Export Information filing processes and standards.

    (a) [Reserved].

    (b) [Reserved].

    (f) Support. The Census Bureau provides online services that allow the USPPI and the authorized agent to seek assistance pertaining to AES and this part. For AES assistance, filers may send an email to [email protected] For FTR assistance, filers may send an email to [email protected]

    7. Amend § 30.6 by revising the introductory text, paragraphs (a)(1), (a)(1) and (iv), (a)(5)(i) and (ii), (a)(11), (a)(19), and (b)(14), and adding paragraphs (b)(18) and (c)(3) to read as follows:
    § 30.6 Electronic Export Information data elements.

    The information specified in this section is required for EEI transmitted to the AES. The data elements identified as “mandatory” shall be reported for each transaction. The data elements identified as “conditional” shall be reported if they are required for or apply to the specific shipment. The data elements identified as “optional” may be reported at the discretion of the USPPI or the authorized agent. Additional data elements may be required to be reported in the AES by other federal agencies' regulations. Refer to the other agencies' regulations for reporting requirements.

    (a) * * *

    (1) USPPI. The person or legal entity in the United States that receives the primary benefit, monetary or otherwise, from the export transaction. Generally, that person or entity is the U.S. seller, manufacturer, or order party, or the foreign entity while in the United States when purchasing or obtaining the goods for export. The name, address, identification number, and contact information of the USPPI shall be reported to the AES as follows:

    (iii) USPPI identification number. Report the EIN or DUNS number of the USPPI. If the USPPI has only one EIN, report that EIN. If the USPPI has more than one EIN, report an EIN that the USPPI only uses to report employee wages and withholdings, not an EIN used to report only company earnings or receipts. Use of another company's EIN is prohibited. The appropriate Party ID Type code shall be reported to the AES. If a foreign entity is in the United States at the time goods are purchased or obtained for export, the foreign entity is the USPPI. In such situations, when the foreign entity does not have an EIN, the authorized agent shall report a border crossing number, passport number, or any number assigned by CBP on behalf of the foreign entity.

    (iv) USPPI contact information. The person who has the most knowledge regarding the specific shipment or related export controls.

    (5) * * *

    (i) Shipments under an export license. For shipments under an export license issued by the Department of State, Directorate of Defense Trade Controls (DDTC), or the Department of Commerce, Bureau of Industry and Security (BIS), the country of ultimate destination shall conform to the country of ultimate destination as shown on the license. In the case of a DDTC or BIS license, the country of ultimate destination is the country specified with respect to the end user. However, in the case of a BIS license, if no end user is listed, report the country of ultimate destination with respect to the ultimate consignee on the license. For goods licensed by other government agencies, refer to the agencies' specific requirements for providing country of destination information.

    (ii) Shipments not moving under an export license. The country of ultimate destination is the country known to the USPPI or U.S. authorized agent at the time of exportation. The country to which the goods are being shipped is not the country of ultimate destination if the USPPI or U.S. authorized agent has knowledge, at the time the goods leave the United States, that they are intended for reexport or transshipment in the form received to another known country. For goods shipped to Canada, Mexico, Panama, Hong Kong, Belgium, United Arab Emirates, The Netherlands, or Singapore, special care should be exercised before reporting these countries as the ultimate destinations because these are countries through which goods from the United States are frequently transshipped. If the USPPI or U.S. authorized agent does not know the ultimate destination of the goods, the country of destination to be shown is the last country, as known to the USPPI or U.S. authorized agent at the time the goods leave the United States, to which the goods are to be shipped in their present form. (For instructions as to the reporting of country of ultimate destination for vessels sold or transferred from the United States to foreign ownership, see § 30.26). In addition, the following types of shipments must be reported as follows:

    (A) Department of State, DDTC, license exemption. The country of ultimate destination is the country specified with respect to the end user.

    (B) Department of Commerce, BIS, license exception. The country of ultimate destination is the country of the end user as defined in 15 CFR 772.1 of the Export Administration Regulations (EAR).

    (C) For shipments to international waters. The country of ultimate destination is the nationality of the person(s) or entity assuming control of the item(s) that are being exported.

    (11) Domestic or foreign indicator. Indicates if the goods exported are of domestic or foreign origin. Report foreign goods as a separate line item from domestic goods even if the commodity classification is the same.

    (19) Shipment reference number (SRN). A unique identification number assigned by the filer that allows for the identification of the shipment in the filer's system. The reuse of the SRN is prohibited.

    (b) * * *

    (14) Transportation Reference Number (TRN). The TRN is as follows:

    (18) Used electronics indicator. An indicator that identifies whether the commodity is a used electronic. Used electronics are various electronic equipment, products and associated accessories including consumer electronics and information technology equipment that are no longer in new packaging and have been given away or sold to be recycled, resold, reused, refurbished, repaired or disposed.

    (c) * * *

    (3) Original ITN. The ITN associated with a previously filed shipment that is replaced or divided and for which additional shipment(s) must be filed. The original ITN field can be used in certain scenarios, such as, but not limited to, shipments sold en route or cargo split by the carrier where the succeeding parts of the shipment are not exported within the timeframes specified in § 30.28.

    § 30.10 [Amended]
    8. Amend § 30.10 by removing paragraphs (a)(1) and (2). 9. Amend § 30.28 by revising the introductory text and paragraph (a), and removing paragraph (c) to read as follows:
    § 30.28 Split shipments.

    A split shipment is a shipment covered by a single EEI record booked for export on one conveyance that is divided for shipment on more than one conveyance by the exporting carrier prior to export. The exporting carrier must file the manifest in accordance with CBP regulations indicating that the cargo was sent on two or more of the same type of conveyance of the same carrier leaving from the same port of export within 24 hours by vessel or 7 days by air, truck, or rail. For the succeeding parts of the shipment that are not exported within time frame specified above, a new EEI record must be filed and amendments must be made to the original EEI record. If a new EEI record is required, the original ITN data element may be used. The following procedures apply for split shipments:

    (a) The carrier shall submit the manifest to the CBP Port Director with the manifest covering the conveyance on which the first part of the split shipment is exported and shall make no changes to the EEI. However, the manifest shall show in the “number of packages” column the actual portion of the declared total quantity being carried and shall carry a notation to indicate “Split Shipment” e.g., “3 of 10—Split Shipment.” All associated manifests with the notation “Split Shipment” will have identical ITNs if exported within 24 hours by vessel or 7 days by air, truck, or rail.

    10. Amend § 30.29 by revising paragraphs (a)(1) and (2) and (b)(2) to read as follows:
    § 30.29 Reporting of repairs and replacements.

    (a) * * *

    (1) The return of goods not licensed by a U.S. Government agency and not subject to the ITAR, temporarily imported for repair and alternation, and declared as such on importation shall have Schedule B number 9801.10.0000. The value shall only include parts and labor. The value of the original product shall not be included. If the value of the parts and labor is over $2,500, then EEI must be filed.

    (2) The return of goods licensed by a U.S. Government agency or subject to the ITAR, temporarily imported for repair or alternation, and declared as such on importation shall have Schedule B number 9801.10.0000. In the value field, report the value of the parts and labor. In the license value field, report the value designated on the export license that corresponds to the commodity being exported if required by the U.S. Government agency. EEI must be filed regardless of value.

    (b) * * *

    (2) Goods that are replaced under warranty at no charge to the customer shall include the statement, “Product replaced under warranty, value for EEI purposes” on the bill of lading, air waybill, or other commercial loading documents. Place the notation below the proof of filing citation or exemption legend on the commercial document. Report the Schedule B number or Harmonized Tariff Schedule of the United States Annotated (HTSUSA) commodity classification number of the replacement parts. For goods not licensed by a U.S. Government agency, report the value of the replacement parts in accordance with § 30.6(a)(17). For items licensed by a U.S. Government agency, report the value and license value in accordance with § 30.6(a)(17) and § 30.6(b)(15) respectively.

    11. Amend § 30.36 by revising paragraph (b)(4) to read as follows:
    § 30.36 Exemption for shipments destined to Canada.

    (b) * * *

    (4) Requiring a Department of Commerce, Bureau of Industry and Security, license or requiring reporting under the Export Administration Regulations (15 CFR 758.1(b)).

    12. Amend subpart E by revising the heading to read as follows: Subpart E—Manifest Requirements 13. Amend § 30.45 by revising the section heading, paragraphs (a) introductory text and (a)(1), removing and reserving paragraph (a)(2); revising paragraph (b); and removing paragraphs (c) through (f); to read as follows:
    § 30.45 Manifest requirements.

    (a) File the manifest in accordance with Customs and Border Protections (CBP) regulations.

    (1) Vessels. Vessels transporting goods as specified shall file a complete manifest, or electronic equivalent.

    (b) Exempt items. For any item for which EEI is not required by the regulations in this part, a notation on the manifest shall be made by the carrier as to the basis for the exemption. In cases where a manifest is not required and EEI is not required, an oral declaration to the CBP Port Director shall be made as the basis for the exemption.

    §§ 30.46 and 30.47 [Removed and reserved]
    14. Remove and reserve §§ 30.46 and 30.47. 15. Amend § 30.50 by revising the introductory text to read as follows:
    § 30.50 General requirements for filing import entries.

    Electronic entry summary filing through the Automated Commercial Environment (ACE), paper import entry summaries (CBP-7501), or paper record of vessel foreign repair or equipment purchase (CBP-226) shall be completed by the importer or its licensed import broker and filed directly with CBP in accordance with 19 CFR parts 1 through 199. Information on all mail and informal entries required for statistical and CBP purposes shall be reported, including value not subject to duty. Upon request, the importer or importer broker shall provide the Census Bureau with information or documentation necessary to verify the accuracy of the reported information, or to resolve problems regarding the reported import transaction received by the Census Bureau.

    16. Revise § 30.53 to read as follows:
    § 30.53 Import of goods returned for repair.

    Import entries covering U.S. goods imported temporarily to be repaired, altered, or processed under HTSUSA commodity classification code 9801.00.1012, and foreign goods imported temporarily to be repaired or altered under the HTSUSA commodity classification code 9813.00.0540 are required to show the following statement: “Imported for Repair and Reexport” on CBP Form 7501 or its electronic equivalent. When the goods are subsequently exported, file according to the instructions provided in § 30.29.

    17. Amend § 30.74 by revising paragraph (c)(5) to read as follows:
    § 30.74 Voluntary self-disclosure.

    (c) * * *

    (5) Where to make voluntary self-disclosures. With the exception of voluntary disclosures of manifest violations under § 30.74(c), the information constituting a Voluntary Self-Disclosure or any other correspondence pertaining to a Voluntary Self-Disclosure may be submitted to: Chief, International Trade Management Division, U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233. Additional instructions are found at www.census.gov/trade.

    18. Amend Appendix B by adding in alpha-numeric order license code entries for “C60” and “C62” to Part III, under the undesignated center heading Department of Commerce, Bureau of Industry and Security (BIS) to read as follows: Appendix B to Part 30—AES Filing Codes Part III—License Codes

    Department of Commerce, Bureau of Industry and Security (BIS), Licenses

    C60 DY6—.y “600 series” items C62 SCP—Support for the Cuban People
    19. Amend Appendix D by revising the heading and entries III and IV, and removing entry XII.

    The revisions read as follows:

    Appendix D to Part 30—AES Filing Citation, Exemption and Exclusion Legends *         *         *         *         *         *         * III. AES Postdeparture Citation—USPPI USPPI is filing the EEI AESPOST USPPI EIN Date of Export (mm/dd/yyyy) Example: AESPOST 12345678912 01/01/2016. IV. Postdeparture Citation—Agent Agent is filing the EEI AESPOST USPPI EIN—Filer ID Date of Export (mm/dd/yyyy) Example: AESPOST 12345678912—987654321 01/01/2016. *         *         *         *         *         *         * Dated: March 1, 2016. John H. Thompson, Director, Bureau of the Census.
    [FR Doc. 2016-05047 Filed 3-8-16; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 15 [Docket No. FDA-2013-N-0402] Generic Drug User Fee Amendments of 2012; Regulatory Science Initiatives; Public Hearing; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of public hearing; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA or the Agency) is announcing a public hearing that will provide an overview of the current status of regulatory science initiatives for generic drugs and an opportunity for public input on research priorities in this area. FDA is seeking this input from a variety of stakeholders—industry, academia, patient advocates, professional societies, and other interested parties—as it fulfills its commitment under the Generic Drug User Fee Amendments of 2012 (GDUFA) to develop an annual list of regulatory science initiatives specific to generic drugs. FDA will take the information it obtains from the public hearing into account in developing the fiscal year (FY) 2017 Regulatory Science Plan.

    DATES:

    The public hearing will be held on May 20, 2016, from 9 a.m. to 5 p.m. The public hearing may be extended or may end early depending on the level of public participation.

    ADDRESSES:

    The public hearing will be held at the FDA White Oak Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the public hearing participants (non-FDA employees) is through Building 1, where routine security check procedures will be performed. For parking and security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    Comments: 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-2013-N-0402 for “Generic Drug User Fee Amendments of 2012; Regulatory Science Initiatives; Public Hearing; Request for Comments.” 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:

    Thushi Amini, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 4728, Silver Spring, MD 20993, 240-402-7958, email: [email protected]; or Robert Lionberger, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 4722, Silver Spring, MD 20993, 240-402-7957, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    I. Background

    In July 2012, Congress passed GDUFA (Title III of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144)). GDUFA is designed to enhance public access to safe, high-quality generic drugs and modernize the generic drug program. To support this goal, FDA agreed in the GDUFA commitment letter to work with industry and interested stakeholders on identifying regulatory science research priorities specific to generic drugs for each fiscal year covered by GDUFA. The commitment letter outlines FDA's performance goals and procedures under the GDUFA program for the years 2012-2017. The commitment letter can be found at http://www.fda.gov/downloads/ForIndustry/UserFees/GenericDrugUserFees/UCM282505.pdf.

    II. Purpose and Scope of the Public Hearing

    The purpose of the May public hearing is to obtain input from industry and other interested stakeholders on the identification of regulatory science priorities for FY 2017. To help fulfill FDA's mission, FDA is particularly interested in receiving input on the following topics:

    1. Opportunities for scientific or technical advancements that would help to overcome specific barriers for industry that currently limit the availability of generic drug products.

    2. Innovative approaches to pre-approval development of generic drugs, including new methodologies for product design and manufacturing, and design and conduct of in vitro, ex vivo, and clinical studies and identification of scientifically robust strategies for demonstration of bioequivalence for various product classes.

    3. Innovation in scientific approaches to evaluating the therapeutic equivalence of generic drug products throughout their lifecycle.

    4. Identification of high-impact public health issues involving generic drugs that can be addressed by the prioritized allocation of FY 2017 funding for regulatory science research.

    5. Identification of specific issues related to generic drug products where scientific recommendations and/or clarifications are needed in developing and/or revising FDA's guidance for industry.

    6. Strategies for enhancing quality and equivalence risk management during generic drug product development, during regulatory review, and/or throughout the drug product's lifecycle.

    FDA will consider all comments made at this hearing or received through the docket (see ADDRESSES) as it develops its FY 2017 GDUFA Regulatory Science Plan. Additional information concerning GDUFA, including the text of the law and the commitment letter, can be found at http://www.fda.gov/gdufa.

    Registration and Requests for Oral Presentations: The FDA Conference Center at the White Oak location is a Federal facility with security procedures and limited seating. Attendance will be free and on a first-come, first-served basis. If you wish to attend (either in person or by Webcast (see Streaming Webcast of the Public Hearing)) and/or present at the hearing, please register for the hearing and/or make a request for oral presentations or comments by email to [email protected] by April 29, 2016. The email should contain complete contact information for each attendee (i.e., name, title, affiliation, address, email address, and telephone number). Those without email access can register by contacting Thushi Amini by April 29, 2016 (see FOR FURTHER INFORMATION CONTACT).

    FDA will try to accommodate all persons who wish to make a presentation. Individuals wishing to present should identify the number of the topic, or topics, they wish to address. This will help FDA organize the presentations. FDA will notify registered presenters of their scheduled presentation times. The time allotted for each presentation will depend on the number of individuals who wish to speak. Once FDA notifies registered presenters of their scheduled times, they are encouraged to submit an electronic copy of their presentation to [email protected] on or before May 6, 2016. Persons registered to make an oral presentation are encouraged to arrive at the hearing room early and check in at the onsite registration table to confirm their designated presentation time. An agenda for the hearing and other background materials will be made available 5 days before the hearing at http://www.fda.gov/GDUFARegScience.

    If you need special accommodations because of a disability, please contact Thushi Amini (see FOR FURTHER INFORMATION CONTACT) at least 7 days before the hearing.

    Streaming Webcast of the Public Hearing: For those unable to attend in person, FDA will provide a live Webcast of the hearing. To join the hearing via the Webcast, please go to https://collaboration.fda.gov/r7qyz2eds95.

    Transcripts: Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov or at http://www.fda.gov/GDUFARegScience. It may be viewed at the Division of Dockets Management (see Comments). A transcript will also be available in either hard copy or on CD-ROM, after submission of a Freedom of Information request. The Freedom of Information office address is available on the Agency's Web site at http://www.fda.gov.

    III. Notice of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs is announcing that the public hearing will be held in accordance with 21 CFR part 15. The hearing will be conducted by a presiding officer, who will be accompanied by FDA senior management from the Office of the Commissioner and the Center for Drug Evaluation and Research. Under § 15.30(f), the hearing is informal and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may pose questions; they may question any person during or at the conclusion of each presentation. Public hearings under part 15 are subject to FDA's policy and procedures for electronic media coverage of FDA's public administrative proceedings (21 CFR part 10, subpart C). Under § 10.205, representatives of the media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA's public administrative proceedings, including presentations by participants. The hearing will be transcribed as stipulated in § 15.30(b) (see Transcripts). To the extent that the conditions for the hearing, as described in this notice, conflict with any provisions set out in part 15, this notice acts as a waiver of those provisions as specified in § 15.30(h).

    Dated: March 3, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05221 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Parts 1223, 1224, 1227, 1229, 1232, 1233, and 1239 [FDMS No. NARA-16-0001; NARA-2016-014] RIN 3095-AB74 Records Management AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Proposed rules.

    SUMMARY:

    NARA proposes to revise its records management regulations to reflect changes in technology, practice, and organizational structure. This is phase I of the revisions and includes changes to provisions in regulations on managing vital records, records disposition programs, general records schedules, emergency authorization to destroy records, transfer of records to records storage facilities, transfer, use, and disposition of records in a NARA Federal Records Center, and program assistance and inspections.

    DATES:

    Submit comments on or before May 9, 2016.

    ADDRESSES:

    You may submit comments, identified by RIN 3095-AB74, by any of the following methods:

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

    Email: [email protected] Include RIN 3095-AB74 in the subject line of the message.

    Fax: 301-837-0319. Include RIN 3095-AB74 in the subject line of the fax cover sheet.

    Mail (for paper, disk, or CD-ROM submissions. Include RIN 3095-AB74 on the submission): Regulations Comment Desk (Strategy & Performance Division (SP)); Suite 4100; National Archives and Records Administration; 8601 Adelphi Road; College Park, MD 20740-6001.

    Hand delivery or courier: Deliver comments to front desk at the address above.

    Instructions: All submissions must include NARA's name and the regulatory information number for this rulemaking (RIN 3095-AB74). We may publish any comments we receive without changes, including any personal information you include.

    FOR FURTHER INFORMATION CONTACT:

    Laura McCarthy, by email at [email protected], or by telephone at 301-837-3023. You may also find more information about records management at NARA on NARA's Web site at http://www.archives.gov/records-mgmt/

    SUPPLEMENTARY INFORMATION:

    The proposed revisions to the Federal records management regulations contained in 36 CFR Chapter XII, Subchapter B, affect Federal agencies' records management programs in the areas of managing essential (formerly referred to as “vital”) records, records disposition programs, the General Records Schedules, emergency authorizations to destroy records, storage of records in records storage facilities, and NARA assistance and inspection programs. We are making administrative changes, such as updating office names and organizational codes, updating URLs, and adding new links to NARA's records management Web pages. We are removing repetitive definitions sections from each part to a centralized definitions part (to come in part 1220) applying to all parts (streamlining under the Paperwork Reduction Act) and removing repetitive authorities sections from each part because authorities are noted under the table of contents (streamlining under the Paperwork Reduction Act). We are making other minor editorial changes for consistency among parts and revising some language to comply with Plain Language requirements.

    We are replacing references to the Standard Form 115 (SF 115), Request for Disposition Authority, with “records schedule” because we now use the Electronic Records Archives (ERA) for scheduling records and no longer accept SF 115s, except when special circumstances merit its use. We have made revision to incorporate use of the ERA throughout the records management regulations, including revising references to the SF 115.

    Discussion of Proposed Rule Revisions Proposed Part 1223, Managing Vital Records

    This part sets out the necessary actions that each agency must take to ensure proper and adequate documentation of continuing agency operations in the event of activation of an agency continuity plan. We have also changed the term “vital” records to “essential” records to mirror the term FEMA used in Federal Continuity Directive 1 (FCD-1, 2012). Certain Federal agencies were using the term “vital records” in another context with a different meaning, so we decided to change to “essential records” both to be parallel with FCD-1 and to reduce confusion among agencies.

    Proposed Part 1224, Records Disposition Programs

    This part specifies the elements of a records disposition program and the integration of records management into an agency's business processes. Details for the program functions, such as scheduling, retention, and disposition of records are found in parts 1225, 1226, 1227, 1235, and 1236. We added records disposition provisions to part 1224 for circumstances where multiple agencies collaborate on a project or initiative.

    Proposed Part 1227, General Records Schedules

    This part explains General Records Schedules (GRS) and when the GRS must be used by agencies. We added the section for application of the GRS to records that have been transferred into the National Archives of the United States and subject to the provisions in 36 CFR 1235.34.

    Proposed Part 1229, Emergency Authorization To Destroy Records

    This part outlines the steps agencies must take when they discover records are a continuing menace to human health or life, or to property, or when destruction of records is necessary during a state of war or threatened war outside of the continental United States. We have added the requirement in § 1229.12(b) that if records are destroyed during a state of war or threatened war that agencies must provide NARA with a list of the destroyed records that can and will be reconstructed, the records used to reconstruct the destroyed records, and assurance that these records will be retained until after reconstruction.

    Proposed Part 1232, Transfer of Records to Records Storage Facilities

    This part provides procedures of the transfer of records to a NARA, agency-operated, or commercial records storage facility. There are no substantive changes from the existing part.

    Proposed Part 1233, Transfer, Use and Disposition of Records in NARA Records Center

    This part provide procedures that apply to the use of NARA's Federal Records Center Program. There are no substantive changes from the existing part.

    Proposed Part 1239, Program Assistance and Inspections

    The material in proposed part 1239 relating to program assistance NARA provides to agencies is drawn from the existing part 1239 with no substantive changes. We have proposed changes to material relating to inspections of records management programs has been changed to add two circumstances or conditions when NARA may inspect an agency: NARA may inspect to assess an agency's compliance with records management statutes and regulations, and may also inspect an agency's implementation of records management policies, guidance, and principles. Timeframes for both NARA and agency actions have been changed to business days and NARA clarifies that agencies must report on their follow-up obligations no less frequently than semi-annually.

    Regulatory Analysis Review Under Executive Orders 12866 and 13563

    Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (September 30, 1993), and Executive Order 13563, Improving Regulation and Regulation Review, 76 FR 23821 (January 18, 2011), 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). This proposed rule is not “significant” under section 3(f) of Executive Order 12866 because it applies only to Federal agencies, and is updating the regulations, not establishing new programs. Although the proposed revisions change and add new requirements for agencies, the requirements are necessary to keep the existing regulations up-to-date and to ensure agencies are preserving records for the United States as well as possible. The Office of Management and Budget (OMB) has reviewed this regulation.

    Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)

    This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the proposed rule. This requirement does not apply if the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities (5 U.S.C. 603). NARA certifies, after review and analysis, that this proposed rule will not have a significant adverse economic impact on small entities.

    Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501et seq.)

    This proposed rule does not contain any information collection requirements subject to the Paperwork Reduction Act.

    Review Under Executive Order 13132, Federalism, 64 FR 43255 (August 4, 1999)

    Review under Executive Order 13132 requires that agencies review regulations for Federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers. This proposed rule will not have any direct effects on State and local governments within the meaning of the Executive Order. Therefore, no Federalism assessment is required.

    List of Subjects in 36 CFR Parts 1223, 1224, 1227, 1229, 1232, 1233, and 1239

    Archives, Records, Records management.

    For the reasons stated in the preamble, NARA proposes to amend 36 CFR parts 1223, 1224, 1227, 1229, 1232, 1233, and 1239, as follows:

    PART 1223—MANAGING ESSENTIAL RECORDS 1. The authority citation for part 1223 is revised to read as follows: Authority:

    44 U.S.C. 3101; E.O. 12656, 53 FR 47491; 3 CFR, 1988 Comp., p. 585; E.O. 13231, 66 FR 53063, 3 CFR, 2001 Comp., p. 805.

    2. Revise the part heading to read as set forth above. 3. Revise § 1223.1 to read as follows:
    § 1223.1 What authorities apply to this part?

    (a) The authorities for this part, listed above, require the head of each agency to create and preserve records that contain adequate and proper documentation of the organization and to perform national security emergency preparedness functions.

    (b) The regulations in this part also conform to guidance in National Security Presidential Directive (NSPD-51), Homeland Security Presidential Directive (HSPD-20), Federal Continuity Directive (FCD) 1, Federal Executive Branch National Continuity Program and Requirements, and FCD 2, Federal Executive Branch Mission Essential Function and Primary Mission Essential Function Identification and Submission Process.

    4. Amend § 1223.2 by: a. Removing paragraph (a) and the introductory text of paragraph (b) and adding introductory text to the section in their place. b. Revising the definitions of “cycle” and “emergency operating records.” c. Adding definitions for “essential records” and “essential records program” in alphabetical order. d. Revising the definitions of “legal and financial rights records,” and “off-site storage.” e. Removing definitions of “vital records” and “vital records program.”

    The revisions and additions read as follows:

    § 1223.2 What definitions apply to this part?

    In addition to the definitions in part 1220 that apply to all of subchapter B including this part, the following definitions apply only to part 1223:

    Cycle means the recurring removal of obsolete copies of essential records and replacing them with current copies of essential records. This may occur daily, weekly, quarterly, annually or at other designated intervals.

    Emergency operating records means a category of records essential to the continued functioning or the reconstitution of an organization during and after a continuity activation. Examples of these records are emergency plans and directives, orders of succession, delegations of authority, staffing assignments, and related policy or procedure records.

    Essential records means information systems and applications, electronic and hardcopy documents, references, and records needed to support essential functions during a continuity event. The two basic categories of essential records are emergency operating records and legal and financial rights records.

    Essential records program means the policies, plans, and procedures the agency develops and implements—and the resources needed—to identify, use, and protect essential records. This is a program element of an agency's emergency management function.

    Legal and financial rights records are that category of essential records needed to protect the legal and financial rights of the Government and of the individuals directly affected by its activities. Examples include accounts receivable records, social security records, payroll records, retirement records, and insurance records. NARA formerly defined these records as “rights-and-interests” records.

    Off-site storage means a facility other than an agency's normal place of business, including a facility maintained by a third party, where an agency keeps records until eligible for final disposition. Agencies may keep essential records at off-site storage to ensure that they are not damaged or destroyed should an emergency occur in an agency's normal place of business.

    §§ 1223.3 and 1233.4 [Removed]
    5. Remove §§ 1223.3 and 1223.4. 6. Revise § 1223.10 to read as follows:
    § 1223.10 What is the purpose of part 1223?

    Part 1223 specifies policies and procedures an agency needs to identify, protect, and manage essential records as part of any agency's continuity of operation plan designed to meet emergency management responsibilities.

    7. Amend § 1223.12 by: a. Revising the section heading. b. Amending the introductory text to remove “A vital” and add in its place the words “An essential.” c. Amend paragraph (a) by removing “It provides” and adding in its place “To provide” and removing the word “to” before the word “resume.” d. Amend paragraph (b) by removing “It enables” and adding in its place “To enable” and removing the word “persons” and adding in its place the word “people.”

    The revision reads as follows:

    § 1223.12 What are the objectives of an essential records program?
    8. Revise §§ 1223.14, 1223.16, and 1223.18 to read as follows:
    § 1223.14 What elements must agencies include in essential records programs?

    (a) To achieve compliance with this section, an agency must include in its essential records program all of the following elements:

    (1) Specified agency staff responsibilities;

    (2) Methods to appropriately inform all staff about essential records;

    (3) Processes to ensure current and complete designation of essential records;

    (4) Adequate protections for the essential records;

    (5) Procedures to ensure access to and immediate use of the essential records when needed;

    (6) Annual review and testing of the program, and training for applicable staff; and

    (b) Additional Continuity of Operations guidance for essential records provided in the Federal Continuity Directive (FCD-1) is published by the Federal Emergency Management Agency (FEMA) and available on FEMA's Web site at http://www.fema.gov/guidance-directives.

    § 1223.16 How do agencies identify essential records?

    Agencies identify essential records in the context of the emergency management function. Essential records are those the agency needs to perform its most critical functions and those the agency needs to protect the legal and financial rights of the Government and the people affected by its actions. Essential records also include emergency plans and related records that specify how an agency will respond to an emergency. The informational content of records series and electronic records systems determines which records are essential. Only the most recent and complete sources of the information are essential records.

    § 1223.18 Must agencies maintain essential records in a particular form or format?

    (a) Essential records can be original records or copies of records. Consult NARA records management guidance on essential records at http://www.archives.gov/records-mgmt/vital-records/index.html for further information.

    (b) Agencies may maintain essential records on a variety of media, including paper, photographic film, microform, and electronic forms. In selecting the media (such as magnetic tape or optical disk), agencies must ensure that the hardware, software, and documentation it needs to access records will be available following an emergency or disaster. The agency may store essential records it maintains electronically in shared data and computing services via the Internet or a Virtual Private Network.

    9. Amend § 1223.20 by revising the section heading and the first sentence, to read as follows:
    § 1223.20 What are the requirements for accessing essential records during an emergency?

    Agencies must establish procedures for retrieving and accessing essential records. * * *

    10. Revise §§ 1223.22 and 1223.24 to read as follows:
    § 1223.22 How must agencies protect essential records?

    Agencies must take appropriate measures to ensure they protect and provide access to essential records or copies of essential records in case of an emergency.

    (a) Duplication. Agencies may choose to duplicate essential records as the primary protection method. Duplication can be to the same medium as the original record or to a different medium. When agencies choose duplication as a protection method, they normally use the copy of the original essential record as the version stored off-site. The agency may store the original records off-site if their protection is necessary, or if the agency does not need to keep the original records at its normal place of business.

    (b) Dispersal. Once agencies duplicate the records, they must disperse the copies to sites a sufficient distance away to avoid them being subject to the same emergency. Agencies may use other office locations, off-site locations, or storage facilities maintained by a third party as dispersal sites.

    (c) Storage considerations. Copies of emergency operating records must be readily available for use within 12 hours following the activation of agency continuity plans. Agencies may not need copies of legal and financial rights records as quickly. When deciding where to store essential record copies, agencies must treat records that have the properties of both categories, that is, both emergency operating and legal and financial rights records, as emergency operating records.

    (1) Agencies may store copies of legal and financial rights essential records at an off-site agency location or, in accordance with § 1233.12, at a NARA records storage facility.

    (2) In accordance with § 1233.12, when using a NARA records storage facility for storing legal and financial essential records that are duplicate copies of original records, the agency must specify on the SF 135, Records Transmittal and Receipt, or equivalent that they are essential records (duplicate copies) and the medium on which they are maintained. The agency must also periodically cycle them by removing obsolete items and replacing them with the most recent versions in accordance with NARA's General Records Schedule (GRS) covering essential records.

    § 1223.24 When can agencies destroy essential records?

    NARA-approved records schedules (see part 1225, Scheduling Records, of this subchapter) govern disposition of essential records that are original records. Agencies must not destroy original records that are not scheduled. Agencies may destroy duplicate copies it created and maintained for essential records purposes when they are superseded or obsolete, in accordance with NARA's GRS.

    11. Revise part 1224 to read as follows: PART 1224—RECORDS DISPOSITION PROGRAMS Sec. § 1224.10 What must agencies do to implement an effective records disposition program? Authority:

    44 U.S.C. 2111, 2902, 2904, 3102, and 3301.

    § 1224.10 What must agencies do to implement an effective records disposition program?

    Agencies should integrate records management into business processes. As part of this effort, agencies should analyze records management requirements, integrate them into operating plans, and implement, review, and revise records management policies and procedures across the agency on a regular basis. To properly carry out the provisions of part 1220 of this subchapter, agencies must:

    (a) Schedule all records in accordance with part 1225 of this subchapter, implement records schedules in accordance with part 1226 of this subchapter, and transfer permanent records to NARA in accordance with part 1235 of this subchapter;

    (b) Transfer all permanent electronic records to NARA in electronic form to the greatest extent possible;

    (c) Promptly disseminate and implement NARA-approved agency records schedules, additions, and changes to the General Records Schedules (GRS) in accordance with parts 1226 and 1227 of this subchapter;

    (d) Regularly review agency-generated records schedules, and, if necessary, update them in accordance with part 1225 of this subchapter;

    (e) Incorporate records retention and disposition needs into the design, development, and implementation of new or revised recordkeeping systems. See part 1236 of this subchapter for electronic records management requirements;

    (f) Provide training and guidance to all employees on agency records disposition requirements and procedures and other significant aspects of the records disposition program. When NARA approves a new or revised records schedule, provide specific guidance to employees responsible for applying the schedule; and

    (g) When two or more Federal agencies collaborate on a common project or initiative, the participants must establish and agree to recordkeeping responsibilities and manage all records. This also applies to multi-agency endeavors that include private organizations, state, local, Tribal, or foreign governments.

    12. Revise part 1227 to read as follows: PART 1227—GENERAL RECORDS SCHEDULES Sec. 1227.10 What are General Records Schedules (GRS)? 1227.12 When must agencies apply the GRS? 1227.13 May NARA apply the GRS to records transferred to the National Archives? 1227.14 How do I obtain copies of the GRS? Authority:

    44 U.S.C. 2107(2), 2909, and 3303a.

    § 1227.10 What are General Records Schedules (GRS)?

    The Archivist of the United States issues General Records Schedules (GRS) for records common to several or all agencies. The GRS authorizes, after specified periods of time, agencies to destroy temporary records or to transfer permanent records to NARA.

    § 1227.12 When must agencies apply the GRS?

    (a) Agencies should apply the disposition instructions in the following table.

    When NARA issues a new or revised GRS, and Then (1) Your agency does not create or maintain any of the records addressed by that GRS, No action is required. (2) The GRS disposition authority states that it must be followed without exception, Your agency must follow the disposition instructions of the GRS, whether or not your agency has existing records schedules. (3) Your agency has an existing records schedule for these records AND the GRS permits use of existing agency-specific schedules, (i) Your agency may follow the disposition instructions in either the GRS or the existing agency records schedule. If your agency chooses to follow its own schedule, then it must notify NARA within 120 calendar days of the issuance of the new or revised GRS. Notifications should be sent to [email protected] or National Archives and Records Administration; Office of the Chief Records Officer (AC); Attention: GRS Team, Room 2100; 8601 Adelphi Road; College Park, Maryland 20740-6001. (ii) After reviewing your agency's notification, NARA may determine that your agency-specific schedule is no longer appropriate because of the passage of time, change in value of the records, or for other reasons. NARA will notify your agency's records officer of the notification's status within 90 calendar days. (iii) Agencies may also submit a new schedule to NARA with a justification for deviating from the GRS. (4) Your agency does not have an existing records schedule for these records, Your agency must follow the disposition instructions of the GRS. If your agency's needs require a different retention period, then your agency must submit a records schedule to NARA in accordance with part 1225 of this subchapter, with a justification for the deviation.

    (b) Except as provided in the table in paragraph (a) of this section, agencies must disseminate and implement any new or revised GRS within 6 months after NARA has issued a new GRS transmittal.

    § 1227.13 May NARA apply the GRS to records transferred to the National Archives?

    NARA may, at its discretion, apply the provisions of the GRS to records in its legal custody, subject to the provisions of part 1235 of this subchapter.

    § 1227.14 How do I obtain copies of the GRS?

    The GRS and instructions for its use are available online at http://www.archives.gov/records-mgmt/grs/. They are also available by contacting [email protected] or writing to NARA at National Archives and Records Administration, Office of the Chief Records Officer (AC), Attention: GRS Team, Room 2100, 8601 Adelphi Road, College Park, MD 20740-6001.

    13. Revise part 1229 to read as follows: PART 1229—EMERGENCY AUTHORIZATION TO DESTROY RECORDS Sec. 1229.1 What is the scope of this part? 1229.10 What steps must agencies take when records are a continuing menace to health, life, or property? 1229.12 What are the requirements during a state of war or threatened war? Authority:

    44 U.S.C. 3310 and 3311.

    § 1229.1 What is the scope of this part?

    This part describes certain conditions under which agencies may destroy records without regard to the provisions of part 1226 of this subchapter.

    § 1229.10 What steps must agencies take when records are a continuing menace to health, life, or property?

    When an agency identifies records that pose a continuing menace to human health or life, or to property, the records officer or other designee must immediately notify NARA in writing by mail at National Archives and Records Administration, Office of the Chief Records Officer (AC), 8601 Adelphi Road, College Park, MD 20740-6001, or by email at [email protected] The notification must describe the records, their location and quantity, the nature of the menace and, if appropriate, the steps taken to reconstruct the records using other records and sources of information.

    (a) If NARA concurs that the records must be destroyed, NARA notifies the agency to immediately destroy them by an appropriate and safe disposal method.

    (b) If NARA does not concur that the records must be destroyed, NARA advises the agency of alternative remedial action to address the menace.

    § 1229.12 What are the requirements during a state of war or threatened war?

    (a) Destruction of records outside the territorial limits of the continental United States is authorized whenever, during a state of war between the United States and any other nation or when hostile action appears imminent, the head of the agency that has custody of the records determines that their retention would be prejudicial to the interests of the United States, or that they occupy space urgently needed for military purposes and are without sufficient administrative, fiscal, legal, historical, or other value to warrant their continued preservation. When it is not feasible for the head of the agency to make this determination, the agency's most senior official at the location of the records may do so.

    (b) Within six months after the destruction of any records under this authorization, the agency official who directed the destruction must submit a written statement by mail to NARA at National Archives and Records Administration, Office of the Chief Records Officer (AC), 8601 Adelphi Road, College Park, MD 20740-6001, or by email at [email protected] The statement must include the following:

    (1) An explanation of the reasons for the destruction;

    (2) A description of the records destroyed;

    (3) How, when, and where the records were destroyed;

    (4) A list of destroyed records that can and will be reconstructed using other records and sources of information; and

    (5) A list of the records used to reconstruct the destroyed records listed in paragraph (b)(4) of this section and assurance that the agency will retain these until it has reconstructed the records.

    14. Revise part 1232 to read as follows: PART 1232—TRANSFER OF RECORDS TO RECORDS STORAGE FACILITIES Sec. 1232.10 Where may a Federal agency store records? 1232.12 Under what conditions may agencies store Federal records in records storage facilities? 1232.14 What requirements must an agency meet before it transfers records to a records storage facility? 1232.16 What must an agency document before transferring records to a records storage facility? 1232.18 What procedures must an agency follow to transfer records to an agency records center or commercial records storage facility? Authority:

    44 U.S.C. 2907 and 3103.

    § 1232.10 Where may a Federal agency store records?

    Federal agencies may store records in the following types of records storage facilities, so long as the facilities meet the facility standards in part 1234 of this subchapter. Records transferred to a records storage facility remain in the legal custody of the agency.

    (a) NARA Federal Records Centers. NARA owns or operates records centers to store, process, and service records for Federal agencies (under authority of 44 U.S.C. 2907). These NARA records centers include a National Personnel Records Center that contains designated records of the Department of Defense, the Office of Personnel Management, and other records on former Federal civilian and military employees. For a list of NARA Federal Records Centers, consult NARA's Web site at http://www.archives.gov/locations/index.html.

    (b) Records centers operated by or on behalf of one or more Federal agencies other than NARA.

    (c) Commercial records storage facilities operated by private entities.

    § 1232.12 Under what conditions may agencies store Federal records in records storage facilities?

    The following chart shows what records agencies can store in a records storage facility and the conditions that apply:

    Type of record Conditions (a) Permanent records Any storage facility that meets the provisions of part 1234 of this subchapter. (b) Unscheduled records (1) Any storage facility that meets the provisions of part 1234 of this subchapter. (2) Also requires prior notification to NARA (see § 1232.14(b)). (c) Temporary records (excluding Civilian Personnel Records) Any storage facility that meets the provisions of part 1234 of this subchapter. (d) Essential records Any storage facility that meets the provisions of parts 1223 and 1234 of this subchapter. (e) Civilian Personnel Records Textual must be transferred to the National Personnel Records Center (NPRC), St. Louis, MO (see part 1233 of this subchapter).
    § 1232.14 What requirements must an agency meet before it transfers records to a records storage facility?

    An agency must comply with part 1234 of this subchapter and the following requirements before it transfers records to a records storage facility:

    (a) Non-paper-based media (e.g., film, audio tape, electronic media, etc.), especially those that are unscheduled or scheduled for long-term or permanent retention, require more stringent environmental controls (see parts 1236 and 1237 of this subchapter).

    (b) Notify NARA in writing prior to transferring unscheduled records to a records storage facility, by mail at National Archives and Records Administration; Office of the Chief Records Officer (AC); 8601 Adelphi Road; College Park, MD 20740-6001, or by email at [email protected] The notification must identify the records storage facility and include a copy of the information required by § 1232.16(a).

    (c) For all records being transferred, create documentation sufficient to identify and locate files. (See § 1232.16.)

    (d) Adhere to NARA-approved retention periods and create and maintain records documenting final disposition actions (destruction or transfer to NARA).

    § 1232.16 What must an agency document before transferring records to a records storage facility?

    (a) For each individual records series spanning one or more consecutive years, the agency must document the:

    (1) Creating office;

    (2) Series title;

    (3) Description (provide for all transfers, and in the case of permanent or unscheduled records, the description must include a folder title list of the box contents or equivalent detailed records description). For more information on folder title lists, consult NARA's Web site at http://www.archives.gov/records-mgmt/accessioning/finding-aid.html;

    (4) Date span (provide both the inclusive start and end dates of the records; these indicate the dates on which the records started and stopped being created or accumulated);

    (5) Physical form and medium of records (e.g., paper, motion picture film, sound recordings, photographs, digital images);

    (6) Volume (assuming a standard-size records box equals approximately one cubic foot, provide the total number of boxes included in the transfer);

    (7) Citation to NARA-approved records schedule or agency records disposition manual (unscheduled records must cite the date the agency notified NARA or, if available, the date the agency submitted the records schedule to NARA);

    (8) Restrictions on access, if applicable;

    (9) Disposition (“permanent,” “temporary,” or “unscheduled; records schedule pending”);

    (10) Date of disposition action (transfer to NARA or destruction);

    (11) Physical location, including name and address of facility; and

    (12) Control number or identifier used to track the records.

    (b) In the case of permanent and unscheduled records, provide copies of the documentation to NARA and advise NARA in writing of the new location whenever the records are moved to a new storage facility. For permanent records, mail the documentation to National Archives and Records Administration; Office of the Chief Records Officer (AC); 8601 Adelphi Road; College Park, MD 20740-6001, or send via email to [email protected], no later than 30 days after the agency transfers records to the agency records center or commercial records storage facility.

    § 1232.18 What procedures must an agency follow to transfer records to an agency records center or commercial records storage facility?

    Federal agencies must use the following procedures to transfer records to an agency records center or commercial records storage facility:

    (a) Incorporate into agreements with the storage facility the standards in part 1234 of this subchapter and allow for inspections by the agency and NARA to ensure compliance. An agency must promptly remove records from a facility if the facility does not correct deficiencies within six months of the inspection report identifying them;

    (b) For temporary records, make available to NARA on request the documentation specified in § 1232.16;

    (c) Retain temporary records until the expiration of their NARA-approved retention period and no longer, except as provided for in § 1226.18 of this subchapter;

    (d) Transfer permanent records that have met their retention period to NARA in accordance with part 1235 of this subchapter;

    (e) Ensure that the facility stores and maintains records that are restricted because they are security classified or exempt from disclosure by statute (including the Privacy Act of 1974, 5 U.S.C. 552a, as amended) or regulation in accordance with applicable laws, Executive Orders, or regulations;

    (f) Ensure that the agency destroys temporary records, including restricted records (security classified or exempted from disclosure by statute (including the Privacy Act of 1974) or regulation, in accordance with the requirements specified in § 1226.24 of this subchapter;

    (g) Ensure that emergency operating records, as defined in part 1223 of this subchapter, that are transferred to an agency records center or commercial records storage facility are available in accordance with § 1223.24 of this subchapter; and

    (h) Provide records access to appropriate NARA staff wherever the records are located in order to:

    (1) Conduct an inspection in accordance with part 1239 of this subchapter; or

    (2) Process a request for records disposition authority.

    15. Revise part 1233 to read as follows: PART 1233—TRANSFER, USE, AND DISPOSITION OF RECORDS IN A NARA FEDERAL RECORDS CENTER Sec. 1233.10 How does an agency transfer records to a NARA Federal Records Center (FRC)? 1233.12 How does an agency transfer essential records to a NARA Federal Records Center (FRC)? 1233.14 What personnel records must an agency transfer to the National Personnel Records Center (NPRC)? 1233.16 How does an agency transfer records to the National Personnel Records Center (NPRC)? 1233.18 What reference procedures do NARA Federal Records Centers (FRCs) use? 1233.20 How do NARA Federal Records Centers (FRCs) manage records disposal clearances? Authority:

    44 U.S.C. 2907 and 3103.

    § 1233.10 How does an agency transfer records to a NARA Federal Records Center (FRC)?

    (a) Agencies must meet the requirements for records storage described in other parts of this subchapter. NARA ensures that its records centers meet the facilities standards in 36 CFR part 1234, so using a NARA FRC meets the agency's obligations in § 1232.12 of this subchapter.

    (b) Agencies must use the designated NARA FRC(s) named in their agreement with NARA's Federal Records Centers Program (AF).

    (c) Before transferring records to a NARA FRC, an agency must prepare and submit a Standard Form (SF) 135, Records Transmittal and Receipt, or an electronic equivalent. Doing so meets the records description requirements in § 1232.14(c) of this subchapter, except the requirement for a folder title list. Agencies must provide NARA with folder title lists for all permanent and unscheduled records transfers and for records that the agency schedules for sampling or selection after transfer.

    (d) Agencies must submit a separate SF 135 or electronic equivalent for each individual records series having the same disposition authority and disposition date.

    (e) For further guidance on transferring records to a NARA FRC, consult the NARA Federal Records Centers Program (FRCP) Web site at http://www.archives.gov/frc/toolkit.html#transfer. You may also request current NARA publications and bulletins by writing to NARA at National Archives and Records Administration; Federal Records Center Program (AF); 8601 Adelphi Road; College Park, MD 20740-6001, or by calling (301) 837-2950. Agencies may also contact individual NARA FRCs (see http://www.archives.gov/frc/locations.html for contact information).

    § 1233.12 How does an agency transfer essential records to a NARA Federal Records Center (FRC)?

    Essential records transfers are governed by the general requirements and procedures in this part and part 1223 of this subchapter. For assistance in selecting a NARA facility that best meets the needs of your agency, write to NARA at National Archives and Records Administration; Federal Records Centers Program (AF); 8601 Adelphi Road; College Park, MD 20740-6001, or by calling (301) 837-2950.

    § 1233.14 What personnel records must an agency transfer to the National Personnel Records Center (NPRC)?

    (a) The GRS specifies which Federal civilian personnel, medical, and pay records agencies must centrally store at the National Personnel Records Center (NPRC) headquartered in St. Louis, MO.

    (b) Agencies should transfer the following types of civilian and military medical treatment records to the NPRC:

    (1) Inpatient (hospitalization) records created for all categories of patients (active duty military personnel, retirees, and dependents) receiving inpatient treatment and extended ambulatory procedures; and

    (2) Outpatient medical treatment records for military retirees, dependents, and other civilians treated at military health care facilities (excludes active duty military personnel at time of military discharge or retirement).

    § 1233.16 How does an agency transfer records to the National Personnel Records Center (NPRC)?

    Agencies must use the following procedures to transfer records to the NPRC:

    (a) Civilian personnel files. (1) Forward the official personnel folder (OPF) and the employee medical folder (EMF) to the NPRC at the same time;

    (2) Transfer EMFs and OPFs in separate folders;

    (3) Retire individual folders on the basis of the person's date of separation, within 90 to 120 days after the employee separates from Federal service;

    (4) For additional guidance, write to the Office of Personnel Management (OPM); 1900 E Street NW., Washington, DC 20415, or call (202) 606-1800. The OPM publication, “The Guide to Personnel Recordkeeping,” which includes procedures for transferring OPFs and EMFs, is available online at http://www.opm.gov/feddata/recguide2008.pdf.

    (b) Military medical records. Military health care facilities should contact their facility records managers for guidance on transferring medical records to NPRC. For additional guidance, consult the “Transactions with the National Personnel Records Center (NPRC), St. Louis, MO” section of the NARA FRCP Web site at http://www.archives.gov/frc/toolkit.html#transactions.

    (c) Other guidance. For further guidance, consult the NPRC Web site at http://www.archives.gov/facilities/mo/st_louis.html.

    § 1233.18 What reference procedures do NARA Federal Records Centers (FRCs) use?

    (a) Agency records transferred to a NARA FRC remain in the legal custody of the originating agency. NARA acts as the agency's agent to maintain the records. NARA discloses the record only to the originating agency that retains legal custody, or under rules established by that agency that are consistent with existing laws.

    (b) For general reference requests, agencies should use the Federal Records Centers Program (FRCP) electronic system or the Optional Form (OF) 11, Reference Request—Federal Records Centers, or its electronic equivalent. The agency and NARA jointly designate this form.

    (c) For civilian personnel records requests, agencies must use the following forms:

    (1) Standard Form 127, Request for Official Personnel Folder (Separated Employee), to request transmission of separated employee personnel folders stored at the National Personnel Records Center (NPRC). Additional instructions on requesting OPFs are available online at http://www.archives.gov/st-louis/civilian-personnel/federal-agencies.html.

    (2) Standard Form 184, Request for Employee Medical Folder (Separated Employee), to request medical folders stored at the NPRC. Additional instructions on requesting EMFs are available online at http://www.archives.gov/st-louis/civilian-personnel/federal-agencies.html.

    (3) Optional Form 11, Reference Request—Federal Records Center, to request medical records transferred to other NARA FRCs prior to September 1, 1984. The request must include the name and address of the agency's designated medical records manager. The form and additional instructions are available online at http://www.archives.gov/frc/forms/of-11.pdf.

    (4) National Archives Form 14136, Request Pertaining to Civilian Conservation Corps (CCC) Personnel Records, to request records relating to the CCC. The form, as well as additional instructions, is available online at http://www.archives.gov/st-louis/archival-programs/civilian-personnel-archival/ccc-holdings-access.html.

    (5) National Archives Form 14137, Request Pertaining to Works Progress Administration (WPA) Personnel Records, to request records relating to the WPA. The form, as well as additional instructions, is available online at http://www.archives.gov/st-louis/archival-programs/civilian-personnel-archival/wpa-holdings-access.html.

    (d) For military personnel records requests, agencies and other requesters must use the following methods:

    (1) Federal agencies must use Standard Form (SF) 180, Request Pertaining to Military Records, to obtain information from military service records in the NPRC (Military Personnel Records). The form is available online at http://www.archives.gov/veterans/military-service-records/standard-form-180.html#sf, or by writing to the National Personnel Records Center (Military Personnel Records); 1 Archives Drive; St. Louis, MO 63138. OMB Control Number 3095-0029 covers SF 180.

    (2) Authorized agencies requesting the loan of a military personnel record may order records using eMilrecs (electronic equivalent of the SF 180). Access to eMilrecs and additional information is available online at http://www.archives.gov/st-louis/military-personnel/agencies/ompf-fed-agency.html.

    (3) A military veteran or the next of kin of a deceased veteran may order military personnel records by submitting an SF 180 or an online records request. We may be permitted, under certain circumstances, to provide surviving next of kin greater access to a deceased veteran's records than a member of the general public. Additional information is available online at http://www.archives.gov/veterans/military-service-records/.

    (4) Members of the public and non-governmental organizations may also request military personnel records by submitting an SF 180. To request information from another person's military personnel records, you must have the release authorization in Section III of the SF 180 signed by the member or legal guardian. If you cannot obtain the appropriate signature, we can only provide limited information.

    (5) For guidance on requesting original medical treatment records, military hospitals and clinics should consult the “Medical Treatment Records” Web page at http://www.archives.gov/st-louis/military-personnel/other-medical-records.html.

    (e) For further guidance on requesting records from a NARA FRC, consult the NARA Federal Records Centers Program Web site at http://www.archives.gov/frc/toolkit.html#retrieval. You may also request current NARA publications and bulletins by contacting the FRCP, or individual NARA Federal Records Centers (see http://www.archives.gov/frc/locations.html for contact information).

    § 1233.20 How do NARA Federal Records Centers (FRCs) manage records disposal clearances?

    (a) The National Personnel Records Center destroys records covered by General Records Schedules (GRS) in accordance with those schedules without further agency clearance.

    (b) For records not covered under a GRS, NARA FRCs destroy eligible Federal records only with the written concurrence of the agency having legal custody of the records.

    (c) NARA FRCs maintain documentation on the final disposition of records, as required in § 1232.14(d) of this subchapter.

    (d) When NARA approves an extension of retention period beyond the time authorized in the records schedule for records stored in NARA FRCs, NARA notifies the affected Federal Records Centers to suspend disposal of the records (see § 1226.18 of this subchapter for more specific guidance on when agencies may temporarily extend retention periods).

    (e) For further guidance on records disposition, consult the NARA FRCP Web site at http://www.archives.gov/frc/toolkit.html#disposition. You may also request current NARA publications and bulletins by contacting the FRCP or individual NARA Federal Records Centers (see http://www.archives.gov/frc/locations.html for contact information).

    16. Revise part 1239 to read as follows: PART 1239—PROGRAM ASSISTANCE AND INSPECTIONS Sec. Subpart A—General 1239.1 What is the scope of this part? 1239.3 What definitions apply to this part? Subpart B—Program Assistance 1239.10 What program assistance does NARA provide? 1239.12 Who may agencies contact to request program assistance? Subpart C—Inspections 1239.20 When does NARA inspect an agency? 1239.22 How does NARA notify the agency of the inspection? 1239.24 How does NARA conduct an inspection? 1239.26 What are an agency's follow-up obligations after it receives an inspection report? Authority:

    44 U.S.C. 2904 and 2906.

    Subpart A—General
    § 1239.1 What is the scope of this part?

    NARA's statutory authorities include assisting agencies to carry out their records management responsibilities and, when necessary, inspecting agency programs and reporting to Congress on those inspections. Part 1239 identifies the types of records management guidance and program assistance NARA provides to agencies under its 44 U.S.C. chapter 29 mandate; the conditions under which NARA invokes its inspection authority, also under chapter 29; and the requirements for agencies to cooperate fully in such inspections.

    § 1239.3 What definitions apply to this part?

    In addition to the definitions in part 1220 that apply to all of Subchapter B including this part, the following definition applies only to part 1239:

    Inspection means NARA's formal review and report on an agency's recordkeeping processes, under 44 U.S.C. 2904(c) and 2906(a). NARA's formal review and report focus on those practices that put records meeting one or more of the following criteria at risk:

    (1) Have a direct and high impact on legal rights or government accountability;

    (2) Are the subject of high profile litigation, Congressional attention, or widespread media coverage;

    (3) Have high research potential; or

    (4) Are permanent records with a large volume, regardless of format.

    Subpart B—Program Assistance
    § 1239.10 What program assistance does NARA provide?

    (a) NARA publishes handbooks, conducts workshops and other training sessions, and furnishes information and guidance to agencies on creating, maintaining, using, and disposing of records. NARA may also conduct an assistance project in cooperation with an agency to address a serious records management issue in the agency.

    (b) For information on NARA handbooks and guidance, consult NARA's Web site at http://www.archives.gov/records-mgmt/.

    (c) For information on NARA training, consult NARA's Web site at http://www.archives.gov/records-mgmt/training/.

    § 1239.12 Who may agencies contact to request program assistance?

    Agencies may write to NARA at National Archives and Records Administration; Office of the Chief Records Officer (AC); 8601 Adelphi Road; College Park, MD 20740-6001 for information or assistance related to any area covered by this subchapter.

    Subpart C—Inspections
    § 1239.20 When does NARA inspect an agency?

    (a) NARA may inspect when it identifies risks through:

    (1) An agency failing to address specific records management problems;

    (2) Internal or external records management assessments;

    (3) Reports in the media;

    (4) Congressional inquiries;

    (5) Allegations of unauthorized destruction;

    (6) Reports issued by the GAO or an agency's Inspector General;

    (7) Observations by NARA staff members; or

    (8) An agency head, who then can request that NARA conduct an inspection.

    (b) NARA may also inspect to assess an agency's compliance with records management statutes and regulations.

    (c) NARA may also inspect an agency's implementation of records management policies, guidance, and principles to validate the following:

    (1) Reports of unique or innovative methods;

    (2) Low risk scores on assessments; or

    (3) NARA staff members' observation of sound practices.

    (d) NARA reports to Congress and the Office of Management and Budget on inspections in accordance with 44 U.S.C. 2904.

    § 1239.22 How does NARA notify the agency of the inspection?

    (a) Once NARA identifies the need for an agency inspection, the Archivist of the United States sends a letter to the head of the agency. If the agency is a component of a cabinet department, the Archivist also sends a copy to the head of the cabinet department. NARA also sends a copy to the agency's records officer. The letter includes:

    (1) Notice that NARA intends to conduct an inspection;

    (2) Which records management processes or procedures NARA is evaluating, and any specific issues;

    (3) A beginning date for the inspection that is no more than 30 business days after the date of the letter; and

    (4) A request for an agency point of contact to assist NARA as it conducts the inspection.

    (b) If the agency does not respond to NARA's notification letter, NARA reports the matter to the agency's Congressional oversight committee and to the Office of Management and Budget, under its 44 U.S.C. 2904(c)(8) statutory authority.

    § 1239.24 How does NARA conduct an inspection?

    (a) The NARA inspection team leader coordinates with the agency point of contact to arrange an initial meeting with the agency. The initial meeting addresses the scope of the inspection, including its parameters, any surveys or other inspection instruments, involved offices, and timing of site visits.

    (b) NARA prepares a draft inspection report and transmits it to the agency no later than 45 business days after the last site visit or meeting. The report includes:

    (1) An executive summary;

    (2) Background and purpose of inspection;

    (3) Inspection methodology, including offices visited;

    (4) Findings;

    (5) Necessary corrective actions and other recommendations; and

    (6) Any necessary appendices.

    (c) The agency must submit its comments on the draft report no later than 45 business days after receipt.

    (d) NARA incorporates any necessary corrections or revisions in the final report and issues the report to the head of the agency within 45 business days.

    § 1239.26 What are an agency's follow-up obligations after it receives an inspection report?

    (a) The agency must submit to NARA a plan of corrective action that specifies how the agency will address each inspection report recommendation, including a timeline for completion, and proposed progress reporting dates.

    (b) The agency must submit the plan of corrective action to NARA within 60 business days of the date of the final report.

    (c) NARA may take up to 60 business days to review and comment on the plan.

    (d) Once both NARA and the agency agree that the plan of corrective action is final, the agency must submit progress reports to NARA.

    (e) The agency submits the reports on a mutually agreed-upon schedule, but no less frequently than semi-annually, until it completes all actions.

    Dated: March 2, 2016. David S. Ferriero, Archivist of the United States.
    [FR Doc. 2016-05150 Filed 3-8-16; 8:45 am] BILLING CODE 7515-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0351; FRL-9943-38-Region 1] Air Plan Approval; Massachusetts; Decommissioning of Stage II Vapor Recovery Systems AGENCY:

    Environmental Protection Agency.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts Department of Environmental Protection. This revision includes regulatory amendments that allow gasoline dispensing facilities (GDFs) to decommission their Stage II vapor recovery systems as of January 2, 2015, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Massachusetts' requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to propose approval of Massachusetts' revised vapor recovery regulations. This action is being taken under the Clean Air Act.

    DATES:

    Written comments must be received on or before April 8, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R01-OAR-2015-0351 at http://www.regulations.gov, or via email to [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the “For Further Information Contact” section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660, fax number: (617) 918-0660, email: [email protected]

    SUPPLEMENTARY INFORMATION:

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

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

    I. Background and Purpose II. Summary of Massachusetts' SIP Revision III. EPA's Evaluation of Massachusetts' SIP Revision IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background and Purpose

    On May 5, 2015, the Massachusetts Department of Environmental Protection submitted a revision to its State Implementation Plan (SIP). The SIP revision consists of Massachusetts' revised regulations 310 Code of Massachusetts Regulations (CMR) 7.00, Air Pollution Control: Definitions and 310 CMR 7.24, Organic Material Storage and Distribution. Specifically, in addition to the new and revised definitions in 310 CMR 7.00, the SIP revision consists of Massachusetts' revised regulation sections:

    • 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel;

    • 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks; and

    • 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel.

    These sections of Massachusetts' 310 CMR 7.24 have been revised to allow the decommissioning of Stage II vapor recovery systems and to strengthen Stage I vapor recovery requirements. The SIP submittal also includes a demonstration that removal of Stage II vapor recovery systems in Massachusetts is consistent with the Clean Air Act and EPA guidance.

    Stage II and onboard refueling vapor recovery (ORVR) systems are two types of emission control systems that capture fuel vapors from vehicle gas tanks during refueling. Stage II vapor recovery systems are installed at gasoline dispensing facilities (GDFs) and capture the refueling fuel vapors at the gasoline pump. The system carries the vapors back to the underground storage tank at the GDF to prevent the vapors from escaping to the atmosphere. ORVR systems are carbon canisters installed directly on automobiles to capture the fuel vapors evacuated from the gasoline tank before they reach the nozzle. The fuel vapors captured in the carbon canisters are then combusted in the engine when the automobile is in operation.

    Stage II vapor recovery systems and vehicle ORVR systems were initially both required by the 1990 Amendments to the Clean Air Act (CAA). Section 182(b)(3) of the CAA requires moderate and above ozone nonattainment areas to implement Stage II vapor recovery programs. Also, under CAA section 184(b)(2), states in the Ozone Transport Region (OTR) are required to implement Stage II or comparable measures. CAA section 202(a)(6) required EPA to promulgate regulations for ORVR for light-duty vehicles (passenger cars). EPA adopted these requirements in 1994, at which point moderate ozone nonattainment areas were no longer subject to the CAA section 182(b)(3) Stage II vapor recovery requirements. ORVR equipment has been phased in for new passenger vehicles beginning with model year 1998, and starting with model year 2001 for light-duty trucks and most heavy-duty gasoline powered vehicles. ORVR equipment has been installed on nearly all new gasoline-powered light-duty vehicles, light-duty trucks, and heavy-duty vehicles since 2006.

    During the phase-in of ORVR controls, Stage II has provided volatile organic compound (VOC) reductions in ozone nonattainment areas and certain attainment areas of the OTR. Congress recognized that ORVR systems and Stage II vapor recovery systems would eventually become largely redundant technologies, and provided authority to EPA to allow states to remove Stage II vapor recovery programs from their SIPs after EPA finds that ORVR is in “widespread use.” Effective May 16, 2012, the date the final rule was published in the Federal Register (see 77 FR 28772), EPA determined that ORVR systems are in widespread use nationwide for control of gasoline emissions during refueling of vehicles at GDFs. Currently, more than 85 percent of gasoline refueling nationwide occurs with ORVR-equipped vehicles. Thus, Stage II vapor recovery programs have become largely redundant control systems and Stage II vapor recovery systems achieve an ever declining emissions benefit as more ORVR-equipped vehicles continue to enter the on-road motor vehicle fleet.1 In the May 16, 2012 rulemaking, EPA also exercised its authority under CAA section 202(a)(6) to waive certain federal statutory requirements for Stage II vapor recovery systems at GDFs. This decision exempts all new ozone nonattainment areas classified serious or above from the requirement to adopt Stage II vapor recovery programs. Finally, EPA's May 16, 2012 rulemaking also noted that any state currently implementing Stage II vapor recovery programs may submit SIP revisions that would allow for the phase-out of Stage II vapor recovery systems.

    1 In areas where certain types of vacuum-assist Stage II vapor recovery systems are used, the differences in operational design characteristics between ORVR and some configurations of these Stage II vapor recovery systems result in the reduction of overall control system efficiency compared to what could have been achieved relative to the individual control efficiencies of either ORVR or Stage II emissions from the vehicle fuel tank.

    Stage I vapor recovery systems are systems that capture vapors displaced from storage tanks at GDFs during gasoline tank truck deliveries. When gasoline is delivered into an aboveground or underground storage tank, vapors that were taking up space in the storage tank are displaced by the gasoline entering the storage tank. The Stage I vapor recovery systems route these displaced vapors into the delivery truck's tank. Some vapors are vented when the storage tank exceeds a specified pressure threshold, however the Stage I vapor recovery systems greatly reduce the possibility of these displaced vapors being released into the atmosphere.

    Stage I vapor recovery systems have been in place since the 1970s. EPA has issued the following guidance regarding Stage I systems: “Design Criteria for Stage I Vapor Control Systems—Gasoline Service Stations” (November 1975, EPA Online Publication 450R75102), which is regarded as the control techniques guideline (CTG) for the control of VOC emissions from this source category; and the EPA document “Model Volatile Organic Compound Rules for Reasonably Available Control Technology” (Staff Working Draft, June 1992) contains a model Stage I regulation.

    In more recent years, the California Air Resources Board (CARB) has required Stage I vapor recovery systems capable of achieving vapor control efficiencies higher than those achieved by traditional systems. These systems are commonly referred to as Enhanced Vapor Recovery (EVR) systems.

    II. Summary of Massachusetts' SIP Revision

    The Massachusetts Stage II vapor recovery program requirements, codified in 310 Code of Massachusetts Regulations (CMR) 7.24(6), Dispensing of Motor Vehicle Fuel, were initially approved into the Massachusetts SIP on December 14, 1992 (57 FR 58993). Massachusetts' rule required gasoline dispensing facilities throughout the state to install Stage II vapor recovery systems.

    On May 5, 2015, Massachusetts submitted a SIP revision consisting of its revised 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel. This SIP revision includes regulatory amendments that allow GDFs to decommission their Stage II vapor recovery systems as of January 2, 2015 and requires that all GDFs equipped with Stage II vapor recovery systems, decommission their Stage II vapor recovery systems by January 2, 2017.

    A Massachusetts GDF equipped with a Stage II vapor recovery system, and having an annual throughput of less than 500,000 gallons, may apply for an extension to decommission its Stage II vapor recovery system based on financial hardship or extenuating circumstances. Massachusetts DEP may grant an owner, lessee, operator or controller of a GDF making such request, an extension of up to two years after January 2, 2017. Any GDF receiving such an extension, is then required to continue to operate and maintain its Stage II vapor recovery systems in accordance with Massachusetts' regulations, until the time when such Stage II vapor recovery system is ever decommissioned.

    Massachusetts' May 5, 2015 SIP revision also includes amended regulation 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, which includes requirements for GDFs to upgrade their Stage I vapor recovery systems to CARB-certified Stage I EVR systems or a Stage I vapor recovery system composed of EVR system components (Stage I EVR component systems). As of January 2, 2015, a Stage I EVR system or a Stage I EVR component system is required upon facility start-up for facilities beginning operation. Also as of January 2, 2015, any component of a pre-existing Stage I vapor recovery system that is replaced, is required to be replaced with a CARB-certified Stage I EVR component. The Massachusetts regulations further require that all Stage I systems be CARB-certified Stage I EVR systems or Stage I EVR component systems by January 2, 2022 (seven years from the effective date of these amended regulations). Furthermore, the revised Stage I regulations require GDFs with a monthly throughput of 100,000 gallons or more to maintain Stage I systems that meet the same management practices required by EPA's National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Source Category: Gasoline Dispensing Facilities, 40 CFR part 63, subpart CCCCCC.

    In addition, Massachusetts' May 5, 2015 SIP revision also includes new and amended definitions in 310 CMR 7.00, Air Pollution Control, that relate to Stage I and Stage II vapor recovery systems and includes minor clarifying amendments to 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks.

    The May 5, 2015 SIP revision also includes a narrative demonstration supporting the discontinuation of the Massachusetts Stage II vapor recovery program. This demonstration consists of an analysis that the Stage II vapor recovery controls provide only de minimis emission reductions due to the prevalence of ORVR-equipped vehicles.

    III. EPA's Evaluation of Massachusetts' SIP Revision

    EPA has reviewed Massachusetts revised 310 CMR 7.00, 7.24(3), 7.24(4), and 7.24(6) regulations, as well as the accompanying SIP narrative, and has concluded that Massachusetts' May 5, 2015 SIP revision is consistent with EPA's widespread use rule (77 FR 28772; May 16, 2012) and EPA's “Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures” (EPA-457/B-12-001; August 7, 2012), hereafter referred to as EPA's Guidance Document.

    Massachusetts' May 5, 2015 SIP revision includes a CAA section 184(b)(2) “comparable measures” demonstration and a CAA section 110(l) anti-back sliding demonstration based on equations in EPA's Guidance Document. According to these calculations, the potential loss of refueling emission reductions from removing Stage II vapor recovery systems in 2013 is 5.12 percent, thus meeting the 10 percent de minimis recommendation in EPA's Guidance Document. The fact that the Massachusetts' demonstration is based on 2013, while the regulation allows decommissioning of Stage II systems beginning in 2015, represents a conservative estimate as the potential loss of emission reductions decreases over time as more and more ORVR systems are phased-in.

    In addition, Massachusetts' May 5, 2015 SIP revision also includes calculations illustrating that the overall emissions effect of removing the Stage II vapor recovery program would be an increase of about 463 tons of VOC in 2013. EPA's 2011 National Emissions Inventory database, Version 2, illustrates that Massachusetts' statewide anthropogenic VOC emissions were about 147,213 tons (see www.epa.gov/ttn/chief/net/2011inventory.html). Therefore the 463 annual tons of VOC emissions increase calculated by Massachusetts are only about 0.3 percent of the total anthropogenic VOC emissions in Massachusetts. Also, as noted above, these foregone emissions reductions in the near term continue to diminish rapidly over time as ORVR phase-in continues. Thus, EPA believes that the resulting temporary increases in VOC emissions will not interfere with attainment or maintenance of the ozone National Ambient Air Quality Standards (NAAQS).

    Furthermore, Appendix Table A-1 of EPA's Guidance Document illustrates that by the end of 2016 (Massachusetts' requires that all GDFs decommission their Stage II vapor recovery systems by January 2, 2017), about 85% of the vehicles in the national motor vehicle fleet will be equipped with ORVR. The number of ORVR-equipped vehicles in Massachusetts will likely be even higher due to Massachusetts having a more accelerated motor vehicle fleet turnover when compared to the national motor vehicle fleet.2 Appendix Table A-1 of EPA's Guidance Document also illustrates that by the end of 2016, almost 89% of gasoline dispensed nationally will be to ORVR-equipped vehicles, which is also likely to be higher in Massachusetts due to a newer motor vehicle fleet.3 At that point in time, since a vast majority of Massachusetts vehicles being refueled at gasoline dispensing facilities will be equipped with ORVR systems, the ORVR systems will be controlling the VOC emissions, making Stage II vapor recovery systems a redundant, and potentially incompatible, emissions control technology in Massachusetts. Therefore, removing the Stage II systems is not expected to result in a significant emissions increase, but is expected to avoid emissions increases resulting from the incompatibility of some Stage II systems with ORVR controls.

    2Air Program Support for Stage I and Stage II Programs in Massachusetts Final Report, Eastern Research Group, Inc. and de la Torre-Klausmeier Consulting, December 12, 2012, includes an analysis of vehicle registration data, from the Massachusetts motor vehicle inspection and maintenance program database, illustrating that 76% of motor vehicles inspected in 2011 throughout Massachusetts had ORVR controls. This is much more accelerated than EPA's end of 2011 calendar year national estimate of 67.1% of vehicles in the national motor vehicle fleet are equipped with ORVR.

    3 Ibid. In 2013, 84.9% of gasoline dispensed in Massachusetts was dispensed to ORVR-equipped vehicles. This is slightly more accelerated than EPA's end of 2013 calendar year national estimate of 81.0% of fuel dispensed to ORVR-equipped vehicles.

    With respect to Stage I vapor recovery requirements, Massachusetts' revised regulation 310 CMR 7.24(3) is more stringent than the previously approved version of the rule,4 thus meeting the CAA section 110(l) anti-back sliding requirements. As noted above, the revised rule requires upgrades to a CARB-certified EVR Stage I system or a Stage I system made up of EVR components by January 2, 2022, with an earlier January 2, 2015 compliance date in the case of a new facility or when system components are being replaced. CARB-certified Stage I EVR systems have been certified to achieve a 98 percent reduction in VOC emissions, as compared to 95 percent for pre-EVR Stage I systems. Thus, when pre-EVR Stage I systems in Massachusetts are replaced with CARB-certified Stage I EVR systems, a greater emission reduction will be achieved. Also, when a component of a pre-EVR Stage I systems is replaced with a CARB-certified Stage I EVR component, a somewhat greater reduction is expected to be achieved. These additional reductions will further mitigate any temporary declining emissions increases, which are already de minimis, resulting from removal of Stage II vapor recovery systems.

    4 EPA's most recent approval of 310 CMR 7.24(3) was on September 3, 1999 (see 64 FR 48297).

    Finally, we note that the Massachusetts regulation contains the following language: “The provisions and requirements of 310 CMR 7.24(3)(a) and (b) are subject to the enforcement provisions specified in 310 CMR 7.52.” EPA notes that this language, which also appears in other parts of the State's regulation with respect to enforcement of other specific regulatory provisions, and which EPA is proposing to approve into the Massachusetts SIP, is not intended to, and does not as a matter of law, preclude enforcement of the SIP provisions in question through any other means authorized by federal law, including, but not limited to, the CAA.

    IV. Proposed Action

    EPA is proposing to approve Massachusetts' May 5, 2015 SIP revision. Specifically, EPA is proposing to approve Massachusetts revised regulations 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks, and 310 CMR 7.24(6), Dispensing of Motor Vehicle Fuel, as well as new and revised definitions, in 310 CMR 7.00, Air Pollution Control, that relate to Stage I and Stage II vapor recovery systems, and incorporate these regulations into the Massachusetts SIP. EPA is proposing to approve this SIP revision because it meets all applicable requirements of the CAA and EPA guidance, and it will not interfere with any applicable requirement concerning NAAQS attainment and reasonable further progress or with any other applicable requirement of the Clean Air Act.

    Massachusetts' May 5, 2015 SIP revision satisfies the “comparable measures” requirement of CAA section 184(b)(2), because as stated in EPA's Guidance Document, “the comparable measures requirement is satisfied if phasing out a Stage II control program in a particular area is estimated to have no, or a de minimis, incremental loss of area-wide emissions control.” As noted above, Massachusetts' SIP revision met de minimis criteria outlined in EPA's Guidance Document. In addition, since the resulting temporary emissions increase from the removal of Stage II controls are de minimis, the anti-back sliding requirements of CAA section 110(l) have also been satisfied.

    EPA is soliciting public comments on the issues discussed in this document or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.

    V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference Massachusetts' 310 CMR 7.00, Air Pollution Control: Definitions; 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel; 310 CMR 7.24(4), Motor Vehicle Fuel Tank Trucks; and 310 CMR 7.24(6) Dispensing of Motor Vehicle Fuel. The EPA has made, and will continue to make, these documents generally available electronically through http://www.regulations.gov and at the appropriate EPA office (see the ADDRESSES 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, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed 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 proposed action:

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

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

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

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

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

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

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

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

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

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or and 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.

    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 19, 2016. Deborah A. Szaro, Acting Regional Administrator, EPA New England.
    [FR Doc. 2016-05027 Filed 3-8-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA-2015-0489] Commercial Driver's License Standards: Application for Exemption; State of Idaho, Idaho Transportation Department (ITD) AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Notice of application for exemption; request for comments.

    SUMMARY:

    FMCSA announces that the Division of Motor Vehicles, Idaho Transportation Department (ITD), has applied for an exemption from provisions of 49 CFR 383.75(a)(8)(v) that require third-party commercial driver license (CDL) testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. FMCSA requests public comment on IDT's application for exemption.

    DATES:

    Comments must be received on or before April 8, 2016.

    ADDRESSES:

    You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2015-0489 by any of the following methods:

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

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

    Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: 1-202-493-2251.

    • Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below.

    Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

    FOR FURTHER INFORMATION CONTACT:

    For information concerning this notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.

    SUPPLEMENTARY INFORMATION:

    I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and related materials regarding this application for exemption. Comments should address the safety assessment provided by the applicant.

    Submitting Comments

    If you submit a comment, please include the docket number for this notice (FMCSA-2015-0489), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission.

    To submit your comments online, go to www.regulations.gov and put the docket number, “FMCSA-2015-0489” in the “Keyword” box, and click “Search.” When the new screen appears, click on “Comment Now!” button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. An option to upload a file is provided. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period and may grant or not grant this application based on your comments.

    II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations, including the CDL regulations in 49 CFR part 383. See also 49 CFR 381.300(c)(2), FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request.

    The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 U.S.C. 31315(b)(1) and 49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

    III. Request for Exemption

    The Idaho Transportation Department (ITD) is the State of Idaho governmental organization responsible for state transportation infrastructure. The Agency is responsible for overseeing the disbursement of Federal, State, and grant funding for the transportation programs of the State. IDT's CDL program is designed to improve safety on the highways while meeting Federal requirements for the testing and licensing of commercial drivers.

    Idaho is a geographically large state with a relatively small population. To adequately serve their constituents, the ITD oversees a third-party tester program consisting of approximately 60 CDL examiners. ITD utilizes contractors as the third-party examiners, so these examiners are not considered government employees, who would not need to be bonded.

    The IDT has applied for an exemption from the regulations in 49 CFR 383.75(a)(8)(v) that require third-party testers to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. The ITD requests the exemption because this regulation creates a financial hardship for testing examiners who must be bonded but conduct only a few tests monthly and the State of Idaho has had no instances of fraud in their third-party testing organizations. IDT believes that the exemption, if granted, would achieve a level of safety that is equivalent to or greater than the level of safety provided by complying with the regulation.

    According to IDT, most of their examiners work in small cities and towns scattered throughout the State of Idaho. Many of these examiners only conduct one or two CDL tests per month. The cost of requiring these examiners to be bonded creates a financial hardship for the examiners who earn just $60 per test. This regulation results in some badly-needed examiners potentially dropping out of the CDL testing arena. The State of Idaho is self-insured, in that Idaho state employee staff members are qualified and available to re-test any applicants who may be found to have given a CDL “tainted” by some type of fraud. This would be done at no cost to the applicants.

    In support of their request, the ITD indicates that it uses, and has used for over a year now, the Commercial Skills Test Information Management System (CSTIMS) to monitor CDL skills test examiners and to improve safety. This Internet-based tool provides a consistent way to track the scheduling and entry of test results for CDL skills tests by jurisdiction and third-party examiners. CSTIMS enforces jurisdiction-defined rules to manage CDL skills testing and will alert jurisdictions when circumstances are encountered that may require investigation to determine if fraud may have occurred. CSTIMS also produces reports that can be reviewed for patterns of potential fraud, and surveys are also sent to all individuals tested to help monitor Idaho's testing program and detect fraud.

    IV. Method To Ensure an Equivalent or Greater Level of Safety

    ITD states that granting this exemption will result in a level of safety that is equal to or greater than the level of safety of the rule without the exemption. According to the application for exemption, Idaho has had no instances of fraud in its third-party testing organizations. ITD requests, therefore, that FMCSA approve this request based on the alternate measures they have put in place supporting the spirit and purpose of 49 CFR 383.75(a)(8)(v) and, in its view, provide an equivalent or greater level of safety.

    A copy of ITD's application for exemption is available for review in the docket for this notice.

    Issued on: February 26, 2016. Larry W. Minor, Associate Administrator for Policy.
    [FR Doc. 2016-05243 Filed 3-8-16; 8:45 am] BILLING CODE 4910-EX-P
    81 46 Wednesday, March 9, 2016 Notices DEPARTMENT OF AGRICULTURE Forest Service Willamette National Forest, Detroit Ranger District, Oregon; Hwy 46 Project AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an environmental impact statement.

    SUMMARY:

    The Hwy 46 Project is proposed to improve stand growth, diversity and structure; move stand structure from an overabundance of mid seral stands to increase both early and late seral stand structure within the watershed; reduce hazardous fuels; restore sugar pine and encourage sugar pine regeneration; treat powerline visuals; restore riparian and meadow habitats; and restore hydrologic processes in the Short Lake area. This project would also provide a sustainable yield of timber for commercial products to local and regional economies. Treatments would occur on about 4054 acres. Commercial harvest activities on approximately 3576 acres include commercial thinning, sugar pine restoration, and early seral creation through gaps and variable retention regeneration harvest. Fuels reduction activities, understory habitat enhancement treatments and meadow restoration are proposed on approximately 480 acres. Road work would be part of the actions associated with the proposed activities and would include road maintenance/reconstruction on 119 miles, approximately 9.3 miles of temporary roads, and the rerouting of FS Rd 46-059.

    DATES:

    Comments concerning the scope of the analysis must be received by April 25, 2016. The draft environmental impact statement is expected June 2017 and the final environmental impact statement is expected December 2017.

    ADDRESSES:

    Scoping comments can be submitted electronically through https://cara.ecosystem-management.org/Public/Commentinput?project=47109. Send written comments to HC 73, Box 320, Mill City, OR 97360, or via facsimile to 503-854-4239.

    FOR FURTHER INFORMATION CONTACT:

    Lyn Medley (Project Team Leader) at the Detroit Ranger District, (503) 854-4228, [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    Purpose and Need for Action

    The Hwy 46 project area is approximately 31,295 acres, located in the Breitenbush Watershed. Forest Road 46 (Hwy 46), the Breitenbush River and a powerline bisect the project area. Within the project area trees are competing for sunlight, water and nutrients causing reduced tree growth and vigor. There is an oversupply of mid-seral stands, moving the seral distribution away from historic levels and limiting stand structure and species diversity across the landscape. This is the northern most extent of Sugar pine, past management and the exclusion of fire on the landscape has threatened this population of Sugar pine. The Breitenbush community is located within the project area, and the watershed is popular with recreationists.

    The purpose of this project is to improve stand growth, diversity and structure and move stand structure from an overabundance of mid seral stands to increase early and late seral stand structure in the watershed, and to diversify wildlife habitat in the watershed; strategically reduce hazardous fuels; restore sugar pine stands to encourage sugar pine regeneration; treat powerline visuals; restore riparian habitats, meadows, and hydrologic processes in the project area; and provide forest products to the local economy.

    Proposed Action

    The Hwy 46 project proposes the following activities:

    1. Commercially harvest about 3576 acres of second growth forests (managed and fire regenerated stands). This includes: 3328 acres of commercial thinning, approximately 132 acres of gaps (0.5-3 acres in size), approximately 65 acres of dominate tree release gaps (0.5 acres or less), and 51 acres of variable retention regeneration harvest. Included in these acres are approximately 430 acres of sugar pine restoration and 117 acres of visual treatments along the powerline. The 51 acres of variable retention regeneration harvest will be replanted with an appropriate mix of seedlings following harvest. Sugar pine seedlings will be planted in the sugar pine restoration units. The gaps will be replanted as needed with appropriate conifer seedlings.

    2. Construction of approximately 5.1 miles of temporary spur roads, and reconstruction of approximately 4.2 miles of spur roads to access timber harvest units. The spur roads would be decommissioned by ripping, water-barring, and re-establishing drainage, and then seeded after harvest activities to minimize soil erosion and maintain water quality.

    3. Road maintenance and reconstruction activities on about 119 miles of existing forest system roads within the planning area. Maintenance and reconstruction needs vary by road, but include brushing, reconditioning of roadways and ditches, replacing culverts, and cut slope repair. Road work will help provide for user and public safety and meet Forest Plan objectives.

    4. Reroute FS Rd 46-059 road to restore hydrologic processes in the Short Lake area. The existing road would be decommissioned.

    5. Hazardous fuel reduction treatments to reduce both existing fuel loadings and logging slash as a result of harvest will be planned to bring stands to levels within Forest Plan standards and guidelines. Proposed treatments include broadcast burning, machine piling, burning of landings, hand piling and chipping. This includes fuel reduction treatments on approximately 223 acres to reduce wildfire risks to the Breitenbush Community and roadside areas.

    6. Understory habitat enhancements to increase species and structural diversity on approximately 222 acres. These treatments include meadow restoration and enhancement; noncommercial thinning of trees and shrubs less than 7 inches diameter at breast height (DBH), pruning and planting.

    7. Recreation related activities include visual treatment of the powerline corridor, enhancement of Short Lake area and around Fox Creek Campground.

    8. Thinning and fuels treatments will occur on approximately 802 acres of Riparian Reserves outside of riparian buffers to accelerate and/or improve Aquatic Conservation Strategy Objectives (ACSOs). Additional Riparian Reserve treatments could occur on up to 50 acres within buffers, including diversity thinning in plantations, wood placement in creeks and cutting and leaving conifers in areas of hardwoods to encourage hardwood growth. All treatments will be designed to accelerate and/or improve ACSOs.

    Responsible Official

    Detroit District Ranger.

    Nature of Decision To Be Made

    Given the purpose and need, the scope of the decision to be made by the responsible official will be as follows:

    • Do the proposed actions comply with all applicable laws governing Forest Service actions?

    • Do the proposed actions comply with the applicable standards and guidelines found in the Willamette Land and Resource Management Plan (LRMP)?

    • Does the Environmental Impact Statement have sufficient site-specific environmental analysis to make an informed decision?

    • Do the proposed actions meet the purpose and need for action?

    With these assurances the responsible official must decide:

    • Whether or not to select the proposed action or one of any other potential alternatives that may be developed, and what, if any, additional actions should be required.

    Scoping Process

    This notice of intent initiates the scoping process, which guides the development of the environmental impact statement.

    It is important that reviewers provide their comments at such times and in such manner that they are useful to the agency's preparation of the environmental impact statement. Therefore, comments should be provided prior to the close of the scoping comment period and should clearly articulate the reviewer's concerns and contentions.

    We are interested in your comments on the following questions:

    • Are there alternative ways to meet the purpose of the project other than the proposed action we offer, which you would like the Forest Service to consider and analyze?

    • Is there any information about the project area, which you believe is important in the context of the proposed activities that you would like the Forest Service to consider?

    • What specifically are the potential effects of this proposal that you are particularly concerned about? For example, rather than simply stating that you would like a change in a proposed activity or that you would not like an activity to take place, it is most helpful to understand why you desire this. What are your underlying concerns with an activity or action; what are the effects from the activity that concern you?

    Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action. Comments submitted anonymously will be accepted and considered; however, anonymous comments will not provide the Agency with the ability to provide the respondent with subsequent environmental documents.

    Dated: February 29, 2016. Grady McMahan, District Ranger.
    [FR Doc. 2016-05257 Filed 3-8-16; 8:45 am] BILLING CODE 3410-11-P
    DEPARTMENT OF AGRICULTURE Forest Service RIN 0596-AD15 Final Directives on American Indian and Alaska Native Relations Forest Service Manual 1500, Chapter 1560, and Forest Service Handbook 1509.13, Chapter 10 AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of final directives.

    SUMMARY:

    The Forest Service has revised its internal Agency directives for American Indian and Alaska Native Relations to update existing direction for the Agency to work effectively with Indian tribes. The directives were last revised in 2004, with an Interim Directive issued in 2012. The final issuance of these directives, effective upon publication, will provide consistent overall internal Forest Service policy to: Explain the methods used to engage with tribes on a government-to-government basis, describe the authorities for working with tribes, delineate meaningful consultation procedures, and outline dispute resolution options. The tribal and public comment period closed concurrently on September 22, 2015. The Agency considered all comments in developing these final directives.

    DATES:

    These directives are issued March 9, 2016.

    ADDRESSES:

    The Forest Service Manual and Handbook are available online at http://www.fs.fed.us/spf/tribalrelations/. Single paper copies are available by request to the Office of Tribal Relations, U.S. Forest Service, at [email protected] Additional information of how the Agency considered public comment can be requested in writing to Office of Tribal Relations, U.S. Forest Service, Sidney R. Yates Building, 201 14th Street SW., Washington, DC 20250-0003.

    FOR FURTHER INFORMATION CONTACT:

    Fred Clark, Director, Office of Tribal Relations, U.S. Forest Service, 202-205-1514. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION: 1. Background and Need for the Final Directive

    On January 18, 2013, the U.S. Department of Agriculture (USDA) adopted Departmental Regulation No. 1350-002 on tribal consultation, coordination, and collaboration. Departmental Regulations institutionalize the broad programmatic direction for all USDA agencies to develop and implement processes for tribal consultation, coordination, and collaboration. This Departmental Regulation explicitly holds the head of each USDA agency accountable for the implementation of this policy. In March 2013, the Forest Service (Agency) Office of Tribal Relations (OTR) began to review the Forest Service manual and handbook to ensure it was consistent with the Departmental Regulation as well as the 2012 Report to the Secretary, USDA Policy and Procedures Review and Recommendations: Indian Sacred Sites, and legislation (specifically the Culture and Heritage Cooperation Authority provisions of the Food, Conservation, and Energy Act of 2008 [Pub. L. 110-246; the Farm Bill]).

    Upon reviewing these documents, it was necessary to amend the Agency manual and handbook, and OTR began to draft proposed directives which included tribal implications as defined by Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” OTR began an initial 120-day consultation with tribes on June 6, 2013, but extended the consultation period for almost two years to thoroughly discuss the proposed directives in various locations throughout the U.S. On July 24, 2015, the Forest Service published the notice of proposed directives and request for comment (80 FR 44019), and the comment period ended on September 22, 2015.

    2. Content of Final Directives

    The following is an overview of the content of the directives.

    a. Forest Service Manual 1560

    1563—Tribal Relations. This Forest Service Manual section outlines the Forest Service Tribal Relations policy generally. It sets forth direction beyond consultation to include coordination and collaboration, recognizing the value of collaboration. The section encourages engagement with Alaska Native Corporations, non-federally recognized tribes, Native Hawaiians, along with American Indian and Alaska Native individuals, communities, intertribal organizations, enterprises, and institutions.

    1563.01—Authorities. This section provides information on Constitutional Articles corresponding to Indian tribes, statutes (e.g., Tribal Forest Protection Act of 2004 [25 U.S.C. 3115a]), executive orders, policies, Indian treaty rights, and provides context for the Federal trust responsibility to tribes.

    1563.02—Objectives. This section expands the objectives of the Forest Service in meeting its trust responsibility and adds support for the UN Declaration on the Rights of Indigenous Peoples.

    1563.03—Policy. This section expands Agency policy to consult with tribes in a meaningful way, document all consultation processes, and keep confidential any information that is tribally sensitive or proprietary.

    1563.04—Responsibilities. This section outlines the responsibilities in fulfilling the trust responsibility and consultation mandate to the following Agency personnel: Chief, Deputy Chiefs, Director of the Washington Office of Tribal Relations, Regional Tribal Relations Program Managers, Forest/Grasslands Supervisors, District Rangers, and all Tribal Liaisons within the Forest/Grassland, Research and Development, and State and Private Forestry divisions.

    1563.05—Definitions. This section provides definitions of the terms commonly used to describe the Federal-Tribal relationship.

    1563.10—Consultation with Indian Tribes and Alaska Native Corporations. This section outlines the steps in the consultation process generally, including subsections outlining the roles for consulting officials, associated timelines, evaluations, and additional considerations.

    1563.2—Dispute Resolution. This section expands on dispute resolution and appeal procedures for Indian tribes.

    1563.3—Reburial of American Indian and Alaska Native Ancestral Remains and Cultural Items. This section expands guidance on repatriation and reburials, including general considerations as well as reviews.

    1563.4—Closures for Traditional and Cultural Purposes. This section describes closures for temporary and cultural purposes per 25 U.S.C. 32A § 3054.

    1563.6—Prohibition on Disclosure. This section covers prohibition against disclosure per 25 U.S.C. 32A § 3056.

    1563.7—Information and Technology Sharing. This section describes working with tribes to incorporate traditional ecological knowledge as well as traditional tribal practices and locations that should be considered in Forest Service land management planning and research activities.

    1563.8—References. This section elaborates in the authorities identified in section 1563.01.

    b. Forest Service Handbook 1509.13

    10.01—Authorities. This section includes statutes, Executive Orders, and regulations that govern Federal agencies' relationship with tribes.

    11—Consultation with Tribes. This section expands on consultation roles and responsibilities, timelines, consultation process, and monitoring and evaluation processes for compliance monitoring.

    12—Compensation. This section includes funding authorities for compensation for consultation, historic preservation.

    13—Training. This section includes suggestions for mandated training on sacred sites and related core competencies.

    14—Exhibits. This section references additional authorities for management of Indian sacred sites.

    3. Public Comments

    The Agency received only 15 comments on the proposed directives. However, because of strong outreach, coordination, and consultation conducted with tribal partners by OTR in the development of these directives, the Agency did not anticipate receiving many comments. The comments were generally supportive of these directives, and most were from tribes or tribal offices that interact with the Forest Service in a fairly routine manner. The following is a breakdown of the comments provided about the directives and the Agency's response to those comments.

    FSM 1563 Categorization of the Manual Title

    Several comments stated that the emphasis should be on the government-to-government relationship because a federal-tribal relationship is not “External Affairs,” but instead “Internal Affairs” and believe these directives are mislabeled within this category heading.

    After considering this request, the Agency took no action. The reason Forest Service Manual 1500, Chapter 1560, Section 1563 is listed under the heading “External Affairs” is because it involves a party that is not officially employed by the US Forest Service. Many other relationships with organizations outside of the Agency are described within Manual 1500, such as counties and local agencies, which are under Section 1562. The heading is not intended to minimize the government-to-governmental relationship Federal agencies have with Indian tribes; rather, in this context, when a Forest Service employee engages with any person or organization that is not an employee of the US Forest Service (i.e., an internal party), it is external to the Agency.

    Federal Trust Responsibility

    Several comments stated that although various individuals, communities, intertribal organization, enterprises, or education institutions may publicly identify as “tribal,” it is important to note that these groups do not have the same legal status or rights as federally recognized tribes (i.e., Federal trust responsibilities).

    The Agency agrees and has modified the text accordingly. Forest Service Handbook Section 1509.13, Chapter 10 reads: “The rights of tribal governments and their officials are not the same, nor should they be treated the same as the general public.” This language was inserted into Manual 1500, Chapter 1560 for consistency. Moreover, the trust responsibility is discussed at length in two separate sections in the FSM 1560—the language has been slightly amended to ensure consistency throughout the document.

    Several respondents also noted the relationship between treaties reserved rights and how they correlate under the trust responsibility. Commenters want the Forest Service to understand how tribes regulate their members' exercise of such rights, rights that are reaffirmed individually through unique statutory references (e.g., individual tribal treaty) as well as off-reservation treaty rights, separate reservation homelands, and other reserved rights.

    After considering these comments, the Agency did not take any specific action. The directives explain the basis for treaty rights, how tribes continue to exercise such rights today, and the trust responsibilities the Agency holds. These directives were specifically written for Forest Service employees to understand the broad applicability and expansive nature of the Federal trust responsibility as well as the more specific obligations under reserved treaty rights. Using general descriptions encourages a flexible interpretation of legal responsibilities and encourages building strong relationships with individual Indian tribes, in the context of that tribe's treaty status.

    Federal Status of Tribes

    Several comments identified that the authority to work with federally recognized Indian tribes does not address relationships with non-federally recognized tribes who may have a stakeholder interests in the Federal agency actions.

    After considering these comments, there is no clear legal standing for the Forest Service to include non-federally recognized tribes, or even other indigenous communities from the US (such as Native Hawaiians), or from foreign territories that border US lands. Executive Order 13175 “Coordination and Consultation with Indian Tribes” specifically defines Indian tribes as “an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List of 1994, 25 U.S.C. 479a.” This is the baseline authority for all Federal agencies to engage and consult with Indian tribes and (through other laws) Alaska Native Corporations. Therefore, it is important to provide a framework within the context of these directives for Forest Service employees to understand how the Agency is legally obligated to engage with tribes affected by the Federal trust responsibility, which is only extended to federally recognized tribes, and with Alaska Native Corporations.

    However, the Forest Service strongly supports working with tribes and tribal communities notwithstanding federal acknowledgment. The mechanisms and procedures used to accomplish those interactions and partnerships are those contained in the Agency's overall authorities, rather than in those for Indian tribes and Alaska Native Corporations.

    Native American Graves Protection and Repatriation Act (NAGPRA)

    There were a few comments on Alaska Native Corporations (ANCs) having no legal standing as proper authorities for consultation for the purposes of NAGPRA. If a corporation wishes to be a party to a NAGPRA consultation, they should have express written consent from the tribe that clearly identifies the corporation is acting as their agent.

    The Agency agrees and has modified the text accordingly. The following language has been inserted: “Alaska Native Corporations (ANCs) do not have legal authority to consult for NAGRPA purposes; however, if an Alaska tribe expressly gives consent in writing that an ANC is acting as their authorizing agent in a NAGPRA consultation, the request should be considered.”

    UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

    One comment suggests that Article 19 should be included because “consent” is an important term to incorporate for tribes to enter into any sort of relationship with a Federal entity.

    After much consideration, the Agency agrees and has modified the text accordingly. The US endorsed the UNDRIP in 2010. Simply, Article 19 calls on governments to secure the consent of indigenous peoples on matters of general public policy. The US Department of State has yet to issue guidance on the meaning and implications of consent in this context, and the Agency therefore considers the UNDRIP as an ideal the Federal Government should strive toward in its dealings with indigenous peoples and as an important international perspective.

    Role of Coordination and Collaboration

    Several commenters noted there was no definition of collaboration in the directives and if collaboration is to serve a purpose in support of consultation, it should be clearly defined in the definitions section. It should also be made clear that collaboration is not the primary way the Forest Service intends to meets its trust responsibilities with tribes nor is coordination ever to be done in lieu of consultation.

    The Agency agrees and has modified the text accordingly. The Forest Service has included the definition of collaboration published in the USDA Departmental Regulation on Tribal Consultation, Coordination, and Collaboration (DR1350-002: January 18, 2013) to maintain consistency across Agency guidance documents. Further, in Section 1563.03.e, language was inserted that reads: “To be clear, coordination and collaboration with tribes are key to building long-term, meaningful relationships and should be viewed as a component of daily operations; however, tribal coordination and collaboration efforts do not supersede or substitute tribal consultation on a specific topic.”

    FSH 1509.13, Chapter 10 Treaty Rights

    Several people commented on FSH1509.13, Section 13.3, Core Competencies, subsection (1)(e) which is titled Legal Context. In working with Indian tribes, there is nothing mentioned regarding unratified treaties or unextinguished land titles, and these should be specifically identified in this section.

    After considering these comments, the Agency agrees and has clarified and modified the text accordingly. The FSH is specifically written for Forest Service employees to understand the broad applicability and see the expansive nature of the federal trust responsibility and treaty obligations. Using general descriptions encourages a flexible interpretation of legal responsibilities and encourages building strong relationships with individual Indian tribes, while keeping their land title and treaty status in mind. The topics of unratified treaties and unextinguished land titles (and the additional topic of unsettled land claims) are now included in the section on Core Competencies.

    Sacred Sites

    Many comments suggested that the Forest Service should request sacred sites trainings be hosted by tribes and include tribal staff in the development of internal Forest Service trainings. The Agency reviewed the language and concluded this request was included that in the proposed directives. Federal agencies often lack the framework to contextualize tribal knowledge systems. However, Tribal staff and other Native people can often more clearly identify and accurately assess sacred sites issues. Language in section 13.2 states that Forest Service employees should “Invite AI/AN people to assist in developing and delivering core curricula.” Further, Forest Service units are instructed to “reach out to local Indian tribes to ask for their assistance in both developing and delivering training to Forest Service employees” and to “coordinate with local Tribes when sponsoring Forest Service workshops and training to include tribal perspectives.” These aspects are incorporated directly from the 2012 Sacred Sites Report.

    4. Regulatory Certifications Environmental Impact

    This final directive revises national Forest Service policy to update existing direction for the Agency to effectively work together with Indian tribes. Forest Service regulations at 36 CFR 220.6(d)(2) exclude from documentation in an environmental assessment or environmental impact statement “rules, regulations, or policies to establish Service-wide administrative procedures, program processes, or instructions.” The Agency has concluded that this final directive falls within this category of actions and that no extraordinary circumstances exist which would require preparation of an environmental assessment or environmental impact statement.

    Regulatory Impact

    Executive Order (E.O.) 12866 provides that the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) will review all significant regulatory actions. OIRA has determined that this final policy action is not significant.

    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovated, and least burdensome tools for achieving regulatory ends. The E.O. directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed these directives in a manner consistent with these requirements.

    Regulatory Flexibility Act

    The Agency certifies that these directives will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). These directives will not impose record-keeping requirements on small entities; they will not affect their competitive position in relation to large entities; and they will not affect their cash flow, liquidity, or ability to remain in the market.

    Small Business Regulatory Enforcement Fairness Act

    These directives are not considered major under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. They will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. The directives' requirements will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. Nor will these directives have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises because the rule is limited to consultation with federally acknowledged Indian tribes.

    Unfunded Mandates Reform Act

    The directives do not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 Million per year. The dirctives do not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

    No Takings Implications (E.O. 12630)

    Under the criteria in Executive Order 12630, these directives do not affect individual property rights protected by the Fifth Amendment nor do they involve a compensable “taking.” A takings implication assessment is therefore not required.

    Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this document has no 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.

    Civil Justice Reform (E.O. 12988)

    These directives comply with the requirements of Executive Order 12988. Specifically, these directives were reviewed to eliminate efforts and ambiguity and written to minimize litigation; and are written in clear language and contains clear legal standards.

    Consultation With Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments,” 59 FR 22951 (May 4, 1994), supplemented by Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 (Nov. 6, 2000), the Agency assessed these directives to have tribal implications as defined in E.O. 13175. The 120-day consultation with Indian tribes and Alaska Native Corporations was conducted from June 6, 2013, to October 6, 2013, as required, and was further extended over a nearly two-year period.

    Because of strong outreach, coordination, and consultation conducted with tribal partners in the development of these directives, the Agency received only 15 comments. The comments were generally supportive of these directives, and most were from tribes or tribal offices that interact with the Forest Service in a fairly routine manner. Additional outreach to Indian tribes and intertribal organizations will convey the availability of the final directives.

    Paperwork Reduction Act

    These final directives do not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR part 1320 do not apply.

    National Environmental Policy Act

    These directives do not constitute a major Federal action significantly affecting the quality of the human environment because it is of an administrative, technical, and procedural nature. See 43 CFR 46.210(i). No extraordinary circumstances exist that would require greater review under the National Environmental Policy Act.

    Effects on the Energy Supply (E.O. 13211)

    This final policy action is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.

    Dated: February 8, 2016. Thomas L. Tidwell, Chief, Forest Service.
    [FR Doc. 2016-04804 Filed 3-8-16; 8:45 am] BILLING CODE 3415-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Ashley Resource Advisory Committee Meeting AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The Ashley Resource Advisory Committee (RAC) will meet in Vernal, Utah. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcvKAAS.

    DATES:

    Meeting will be held from 6:00 p.m. to 8:00 p.m. on March 16, 2016. All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at Ashley National Forest (NF) Supervisor's Office, 355 North Vernal Avenue, Vernal, Utah. Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Ashley NF Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Louis Haynes, RAC Coordinator, by phone at 435-781-5105 or via email at [email protected] Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to review draft project long forms. The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by March 2, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Attention: Louis Haynes, RAC Coordinator, Ashley NF Supervisor's Office, 355 North Vernal Avenue, Vernal, Utah 84078; by email to [email protected], or via facsimile to 435-781-5142.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: February 25, 2016. John Erickson, Forest Supervisor.
    [FR Doc. 2016-04968 Filed 3-8-16; 8:45 am] BILLING CODE 3411-15-M
    DEPARTMENT OF AGRICULTURE Rural Utilities Service Announcement of Grant Application Deadlines and Funding Levels AGENCY:

    Rural Development, Rural Utilities Service, USDA.

    ACTION:

    Notice of Solicitation of Applications (NOSA), Household Water Well System Grant Program.

    SUMMARY:

    The Rural Utilities Service (RUS) announces its Household Water Well System (HWWS) Grant Program application window for fiscal year (FY) 2016. RUS will make grants to qualified private non-profit organizations to establish lending programs for homeowners to borrow up to $11,000 to construct or repair household water wells for an existing home. The HWWS Grant Program is authorized under 7 U.S.C. 1926e. Regulations may be found at 7 CFR part 1776.

    This year RUS will assign administrative discretion points to applications that:

    1. Direct loans to rural areas where according to the American Community Survey data by census tracts show that at least 20 percent of the population is living in poverty. This emphasis will support Rural Development's (RD's) goal of providing 20 percent of its funding by 2016 to these areas of need.

    2. Direct loans to areas which lack running water, flush toilets, and modern sewage disposal systems, and areas which have open sewers and high rates of disease caused by poor sanitation, in particular, colonias or Substantially Underserved Trust Areas.

    DATES:

    The deadline for completed applications for a HWWS grant is May 9, 2016. Applications in either paper or electronic format must be postmarked or time-stamped electronically on or before the deadline. Late applications will be ineligible for grant consideration.

    ADDRESSES:

    Submit applications to the following addresses:

    1. Electronic applications: Grants.gov. Submit electronic applications through Grants.gov, following the instructions on that Web site.

    2. Paper applications: Water Programs Division, Rural Development, Rural Utilities Service, STOP: 1570, Room 2234-S, 1400 Independence Avenue SW., Washington, DC 20250-1570.

    Obtain application guides and materials for the HWWS Grant Program electronically or in paper format from the following addresses:

    1. Electronic copies: rurdev.usda.gov/UWP-individualwellsystems;

    2. Paper copies: Write Water Programs Division, Rural Utilities Service, STOP: 1570, Room 2234-S, 1400 Independence Avenue SW., Washington, DC 20250-1570 or call (202) 720-9583.

    FOR FURTHER INFORMATION CONTACT:

    Derek Jones, Community Programs Specialist, Water and Environmental Programs, Rural Utilities Service, Rural Development, U.S. Department of Agriculture, STOP 1570, Room 2234-S, 1400 Independence Avenue SW., Washington, DC 20250-1570, Telephone: (202) 720-9640, fax: (202) 690-0649, email: [email protected]

    SUPPLEMENTARY INFORMATION: Overview

    Federal Agency: Rural Utilities Service, USDA.

    Funding Opportunity Title: HWWS Grant Program.

    Announcement Type: Grant—Solicitation of Applications.

    Catalog of Federal Domestic Assistance (CFDA) Number: 10.862.

    Due Date for Applications: May 9, 2016.

    Items in Supplementary Information

    I. Funding Opportunity: Description of the HWWS Grant Program.

    II. Award Information: To be determined.

    III. Eligibility Information: Who is eligible, what kinds of projects are eligible, what criteria determine basic eligibility.

    IV. Application and Submission Information: Where to get application materials, what constitutes a completed application, how and where to submit applications, deadlines, items that are eligible.

    V. Application Review Information: Considerations and preferences, scoring criteria, review standards, selection information.

    VI. Award Administration Information: Award notice information, award recipient reporting requirements.

    VII. Agency Contacts: Web site, phone, fax, email, contact name.

    VIII. Non-discrimination Statement: USDA non-discrimination statement, how to file a complaint, persons with disabilities.

    I. Funding Opportunity A. Program Description

    The HWWS Grant Program has been established to help individuals with low to moderate incomes finance the costs of household water wells that they own or will own. The HWWS Grant Program is authorized under Section 306E of the Consolidated Farm and Rural Development Act (CONACT), 7 U.S.C. 1926e. The CONACT authorizes RUS to make grants to qualified private non-profit organizations to establish lending programs for household water wells.

    As the grant recipients, private non-profit organizations will receive HWWS grants to establish lending programs that will provide water well loans to individuals. The individuals, as loan recipients, may use the loans to construct, refurbish, and service their household well systems. A loan may not exceed $11,000 and will have a term up to 20 years at a one percent annual interest rate.

    B. Background

    RUS supports the sound development of rural communities and the growth of our economy without endangering the environment. RUS provides financial and technical assistance to help communities bring safe drinking water and sanitary, environmentally sound waste disposal facilities to Rural Americans in greatest need.

    Central water systems may not be the only or best solution to drinking water problems. Distance or physical barriers make public central water systems costly to deploy in remote areas. A significant number of geographically isolated households without water service might require individual wells rather than connections to new or existing community systems. The goal of RUS is not only to make funds available to those communities most in need of potable water but also to ensure that facilities used to deliver drinking water are safe and affordable. There is a role for private wells in reaching this goal.

    C. Purpose

    The purpose of the HWWS Grant Program is to provide funds to private non-profit organizations to assist them in establishing loan programs from which individuals may borrow money for HWWS. Faith-based organizations are eligible and encouraged to apply for this program. Applicants must show that the project will provide technical and financial assistance to eligible individuals to remedy household well problems.

    Due to the limited amount of funds available under the HWWS Grant Program, the RUS anticipates that 10 applications may be funded from FY 2016 funds. Applications from existing HWWS grant recipients are acceptable and will be evaluated as new applications.

    II. Award Information

    Funding Instrument Type: Grant.

    Available funds: $1,192,081.

    Anticipated Number of Awards: 10.

    Length of Project Periods: 12-month project.

    Assistance Instrument: Grant Agreement with successful applicants before any grant funds are disbursed.

    III. Eligibility Information A. Who is eligible for grants?

    1. An organization is eligible to receive a HWWS grant if it:

    a. Has an active registration with current information in the System for Award Management (SAM) and has a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number.

    b. Is a private, non-profit organization.

    c. Is legally established and located within one of the following:

    (1) A state within the United States

    (2) The District of Columbia

    (3) The Commonwealth of Puerto Rico

    (4) A United States territory.

    d. Has the legal capacity and authority to carry out the grant purpose.

    e. Has sufficient expertise and experience in lending activities.

    f. Has sufficient expertise and experience in promoting the safe and productive use of individually-owned HWWS and ground water.

    g. Has no delinquent debt to the federal government or no outstanding judgments to repay a Federal debt.

    h. Demonstrates that it possesses the financial, technical, and managerial capability to comply with Federal and State laws and requirements, and

    i. Is not a corporation that has been convicted of a felony (or had an officer or agent acting on behalf of the corporation convicted of a felony) within the past 24 months. Any Corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability is not eligible.

    2. An individual is ineligible to receive a Household Water Well grant. An individual may receive a loan from an organization receiving a grant award.

    B. What are the basic eligibility requirements for a project?

    1. Project Eligibility. To be eligible for a grant, the project must:

    a. Be a revolving loan fund created to provide loans to eligible individuals to construct, refurbish, and service individually-owned HWWS (see 7 CFR 1776.11 and 1776.12). Loans may not be provided for home sewer or septic system projects.

    b. Be established and maintained by a private, non-profit organization.

    c. Be located in a rural area. Rural area is defined as locations other than cities or towns of more than 50,000 people and the contiguous and adjacent urbanized area of such towns and cities.

    2. Required Matching Contributions. Grant applicants must provide written evidence of a matching contribution of at least 10 percent from sources other than the proceeds of a HWWS grant. In-kind contributions will not be considered for the matching requirement. Please see 7 CFR 1776.9 for the requirement.

    3. Other—Requirements.

    a. DUNS Number. The applicant for a grant must supply a DUNS number as part of an application. The Standard Form 424 (SF-424) contains a field for the DUNS number. The applicant can obtain the DUNS number free of charge by calling Dun and Bradstreet. Please see fedgov.dnb.com/webform for more information on how to obtain a DUNS number or how to verify your organization's number.

    b. Prior to submitting an application, the applicant must register in System for Award Management (SAM).

    (1) Applicants may register for SAM at sam.gov/portal/public/SAM/.

    (2) The SAM registration must remain active with current information at all times while RUS is considering an application or while a Federal grant award or loan is active. To maintain the registration in the SAM database the applicant must review and update the information in the SAM database annually from date of initial registration or from the date of the last update. The applicant must ensure that the information in the database is current, accurate, and complete.

    c. Eligibility to receive a HWWS loan will be based on the following criteria:

    (1) An individual must be a member of a household of which the combined household income of all members does not exceed 100 percent of the median non-metropolitan household income for the State or territory in which the individual resides. Household income is the total income from all sources received by each adult household member for the most recent 12-month period for which the information is available. It does not include income earned or received by dependent children under 18 years old or other benefits that are excluded by federal law. The non-metropolitan household income must be based on the 5-year income data from the American Community Survey (ACS) or, if needed, other United States Bureau of the Census.

    RUS publishes a list of income exclusions in 7 CFR 3550.54(b). Also, the Department of Housing and Urban Development published a list of income exclusions in the Federal Register on May 20, 2014, at 79 FR 28938 (see “Federally Mandated Exclusions”).

    (2) The loan recipient must own and occupy the home being improved with the proceeds of the Household Water Well loan or be purchasing the home to occupy under a legally enforceable land purchase contract which is not in default by either the seller or the purchaser.

    (3) The home being improved with the water well system must be located in a rural area.

    (4) The loan for a water well system must not be associated with the construction of a new dwelling.

    (5) The loan must not be used to substitute a water well system for water service available from collective water systems. (For example, a loan may not be used to restore an old well abandoned when a dwelling was connected to a water district's water line.)

    (6) The loan recipient must not be suspended or debarred from participation in Federal programs.

    IV. Application and Submission Information A. Where To Get Application Information

    The Household Water Well System Grant Application Guide (Application Guide), copies of necessary forms and samples, and the HWWS Grant Program regulation are available from these sources:

    1. Internet for electronic copies: grants.gov or rurdev.usda.gov/UWP-individualwellsystems;

    2. Water and Environmental Programs for paper copies: RUS, Water Programs Division, STOP 1570, Room 2233-S, 1400 Independence Avenue SW., Washington, DC 20250-1570, Telephone: (202) 720-9589, Fax: (202) 690-0649

    B. Content and Form of Application Submission 1. Rules and Guidelines

    a. Detailed information on each item required can be found in the HWWS Grant Program regulation (7 CFR part 1776) and the Application Guide. Applicants are strongly encouraged to read and apply both the regulation and the Application Guide. This Notice does not change the requirements for a completed application for any form of HWWS financial assistance specified in the regulation. The regulation and Application Guide provide specific guidance on each of the items listed.

    b. Applications should be prepared in conformance with the provisions in 7 CFR part 1776, subpart B, and departmental and other applicable regulations including 2 CFR parts 180, 182, 200, 400, and 421, or any successor regulations. Applicants should use the Application Guide which contains instructions and other important information in preparing their application. Completed applications must include the items found in the checklist in the next paragraph.

    2. Checklist of Items in Completed Application Packages

    a. DUNS Number. The applicant for a grant must supply a Dunn and Bradstreet Data Universal Numbering System (DUNS) number as part of an application. The Standard Form 424 (SF-424) contains a field for the DUNS number. The applicant can obtain the DUNS number free of charge by calling Dun and Bradstreet. Please see fedgov.dnb.com/webform for more information on how to obtain a DUNS number or how to verify your organization's number.

    b. Prior to submitting an application, the applicant must register in the System for Award Management (SAM).

    (1) Applicants may register for the SAM at: sam.gov/portal/public/SAM/

    (2) The SAM registration must remain active with current information at all times while RUS is considering an application or while a Federal Grant Award or loan is active. To maintain the registration in the SAM database the applicant must review and update the information in the SAM database annually from date of initial registration or from the date of the last update. The applicant must ensure that the information in the database is current, accurate, and complete.

    (3) Your organization must be listed in the SAM. If you have not used Grants.gov before, you will need to register with the SAM and the Credential Provider. New registrations can take three to five business days to process. Updating or renewing an active registration has a shorter turnaround, 24 hours. Registrations in SAM are active for one year. The SAM registers your organization, housing your organizational information and allowing Grants.gov to use the information to verify your identity. The DUNS number, Taxpayer Identification Number (TIN), and name and address of the applicant organization must match SAM data files.

    c. The electronic and paper application process requires forms with the prefixes RD and SF as well as supporting documents and certifications.

    Application Items

    (1) SF-424, “Application for Federal Assistance”.

    (2) SF-424A, “Budget Information—Non-Construction Programs”.

    (3) SF-424B, “Assurances—Non-Construction Programs”.

    (4) SF-LLL, “Disclosure of Lobbying Activity”.

    (5) Form RD 400-1, “Equal Opportunity Agreement”.

    (6) Form RD 400-4, “Assurance Agreement (Under Title VI, Civil Rights Act of 1964).

    (7) Project Proposal, Project Summary, Needs Assessment, Project Goals and Objectives, Project Narrative.

    (8) Work Plan.

    (9) Budget and Budget Justification.

    (10) Evidence of Legal Authority and Existence.

    (11) Documentation of private non-profit status and Internal Revenue Service (IRS) Tax Exempt Status.

    (12) List of Directors and Officers.

    (13) Financial information and sustainability (narrative).

    (14) Assurances and certifications of compliance with other Federal Statutes.

    The forms in items 1 through 6 must be completed and signed where appropriate by an official of your organization who has authority to obligate the organization legally. RD forms are used by programs under the Rural Development mission area. Standard forms (SF) are used government-wide. In addition to the sources listed in section A, the forms may be accessed electronically through the RD Web site at rurdev.usda.gov/FormsAndPublications.

    See section V, “Application Review Information,” for instructions and guidelines on preparing Items 7 through 13.

    3. Compliance with Other Federal Statutes. The applicant must provide evidence of compliance with other Federal statutes and regulations, including, but not limited to the following:

    a. 7 CFR part 15, subpart A—Nondiscrimination in Federally Assisted Programs of the Department of Agriculture—Effectuation of Title VI of the Civil Rights Act of 1964.

    b. 2 CFR part 417—Governmentwide Debarment and Suspension (Nonprocurement), or any successor regulations.

    c. 7 CFR part 3052—Audits of States, Local Governments, and Non-profit Organizations, or any successor regulations.

    d. Subpart B of 2 CFR part 421, which adopts the Governmentwide implementation (2 CFR part 182) of the Drug-Free Workplace Act.

    e. Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” For information on limited English proficiency and agency-specific guidance go to LEP.gov.

    f. Federal Obligation Certification on Delinquent Debt.

    C. How many copies of an application are required?

    1. Applications Submitted on Paper. Submit one signed original and two additional copies. The original and each of the two copies must include all required forms, certifications, assurances, and appendices, be signed by an authorized representative, and have original signatures. Do not include organizational brochures or promotional materials.

    2. Applications Submitted Electronically. Additional paper copies are unnecessary if the application is submitted electronically through grants.gov.

    D. How and Where To Submit an Application 1. Submitting Paper Applications

    a. For paper applications, mail or ensure delivery of an original paper application (no stamped, photocopied, or initialed signatures) and two copies by the deadline date to: Rural Development, Rural Utility Service, Water Programs Division, STOP 1570, Room 2234-S, 1400 Independence Avenue SW., Washington, DC 20250-1570, Telephone: (202) 720-9583.

    Submit paper applications marked “Attention: Water and Environmental Programs.”

    b. Applications must show proof of mailing or shipping by one of the following:

    (1) A legibly dated U.S. Postal Service (USPS) postmark;

    (2) A legible mail receipt with the date of mailing stamped by the USPS; or,

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    c. If a deadline date falls on a weekend, it will be extended to the following Monday. If the date falls on a federal holiday, it will be extended to the next business day.

    d. Due to screening procedures at the Department of Agriculture, packages arriving via the USPS are irradiated, which can damage the contents and delay delivery. RUS encourages applicants to consider the impact of this procedure in selecting an application delivery method.

    2. Submitting Electronic Applications

    a. Applications will not be accepted by fax or electronic mail.

    b. Electronic applications for grants will be accepted if submitted through Grants.gov at www.grants.gov.

    c. Applicants must preregister successfully with Grants.gov to use the electronic applications option. Application information may be downloaded from Grants.gov without preregistration.

    d. Applicants who apply through Grants.gov should submit their electronic applications before the deadline.

    e. Grants.gov contains full instructions on all required passwords, credentialing, and software. Follow the instructions at Grants.gov for registering and submitting an electronic application.

    f. Grants.gov has two preregistration requirements: A DUNS number and an active registration in SAM. See the “Checklist of Items in Completed Application Packages” for instructions on obtaining a DUNS number and registering in the SAM.

    g. You must be registered with Grants.gov before you can submit an electronic grant application.

    (1) You must register at Grants.gov: grants.gov/applicants/get_registered.

    (2) Organization registration user guides and checklists are also available at Grants.gov.

    (3) Grants.gov requires some credentialing and online authentication procedures. When an applicant organization is registered with SAM, the organization designates a point of contact who receives a password authorizing the person to designate staff members who are allowed to submit applications electronically through Grants.gov. These authorized organization representatives must be registered with Grants.gov to receive a username and password to submit applications. These procedures may take several business days to complete.

    (4) Some or all of the SAM and Grants.gov registration, credentialing and authorizations require updates. If you have previously registered at Grants.gov to submit applications electronically, please ensure that your registration, credentialing and authorizations are up to date well in advance of the grant application deadline.

    h. To use Grants.gov:

    (1) Follow the instructions on the Web site to find grant information.

    (2) Download a copy of an application package.

    (3) Complete the package off-line.

    (4) Upload and submit the application via the Grants.gov Web site.

    (5) If a system problem or technical difficulty occurs with an electronic application, please use the customer support resources available at the Grants.gov Web site.

    (6) Again, RUS encourages applicants to take early action to complete the sign-up, credentialing and authorization procedures at grants.gov before submitting an application at the Web site.

    E. Deadlines

    The deadline for paper and electronic submissions is May 9, 2016. Paper applications must be postmarked and mailed, shipped, or sent overnight no later than the closing date to be considered for FY 2016 grant funding. Electronic applications must have an electronic date and time stamp by midnight of May 9, 2016 to be considered on time. RUS will not accept applications by fax or email. Applications that do not meet the criteria above are considered late applications and will not be considered. RUS will notify each late applicant that its application will not be considered.

    F. Funding Restrictions 1. Eligible Grant Purposes

    a. Grant funds must be used to establish and maintain a revolving loan fund to provide loans to eligible individuals for household water well systems.

    b. Individuals may use the loans to construct, refurbish, rehabilitate, or replace household water well systems up to the point of entry of a home. Point of entry for the well system is the junction where water enters into a home water delivery system after being pumped from a well.

    c. Grant funds may be used to pay administrative expenses associated with providing Household Water Well loans.

    2. Ineligible Grant Purposes

    a. Administrative expenses incurred in any calendar year that exceed 10 percent of the household water well loans made during the same period do not qualify for reimbursement.

    b. Administrative expenses incurred before RUS executes a grant agreement with the recipient do not qualify for reimbursement.

    c. Delinquent debt owed to the Federal Government does not qualify for reimbursement.

    d. Grant funds may not be used to provide loans for household sewer or septic systems.

    e. Household Water Well loans may not be used to pay the costs of water well systems for the construction of a new house.

    f. Household Water Well loans may not be used to pay the costs of a home plumbing system.

    V. Application Review Information A. Criteria

    This section contains instructions and guidelines on preparing the project proposal, work plan, and budget sections of the application. Also, guidelines are provided on the additional information required for RUS to determine eligibility and financial feasibility.

    1. Project Proposal. The project proposal should outline the project in sufficient detail to provide a reader with a complete understanding of the loan program. Explain what will be accomplished by lending funds to individual well owners. Demonstrate the feasibility of the proposed loan program in meeting the objectives of this grant program. The proposal should include the following elements:

    a. Project Summary. Present a brief project overview. Explain the purpose of the project, how it relates to RUS' purposes, how the project will be executed, what the project will produce, and who will direct it.

    b. Needs Assessment. To show why the project is necessary, clearly identify the economic, social, financial, or other problems that require solutions. Demonstrate the well owners' need for financial and technical assistance. Quantify the number of prospective borrowers or provide statistical or narrative evidence that a sufficient number of borrowers will exist to justify the grant award. Describe the service area. Provide information on the household income of the area and other demographical information. Address community needs.

    c. Project Goals and Objectives. Clearly state the project goals. The objectives should clearly describe the goals and be concrete and specific enough to be quantitative or observable. They should also be feasible and relate to the purpose of the grant and loan program.

    d. Project Narrative. The narrative should cover in more detail the items briefly described in the Project Summary. Demonstrate the grant applicant's experience and expertise in promoting the safe and productive use of individually-owned household water well systems. The narrative should address the following points:

    (1) Document the grant applicant's ability to manage and service a revolving fund. The narrative may describe the systems that are in place for the full life cycle of a loan from loan origination through servicing. If a servicing contractor will service the loan portfolio, the arrangement and services provided must be discussed.

    (2) Show evidence of the availability of funds from sources other than the HWWS grant. Describe the contributions the project will receive from your organization, state agencies, local government, other Federal agencies, non-government organizations, private industry, and individuals. The documentation should describe how the contributions will be used to pay your operational costs and provide financial assistance for projects.

    (3) Demonstrate that the organization has secured commitments of significant financial support from other funding sources.

    (4) List the fees and charges that borrowers will be assessed.

    2. Work Plan. The work plan or scope of work must describe the tasks and activities that will be accomplished with available resources during the grant period. It must include who will carry out the activities and services to be performed and specific timeframes for completion. Describe any unusual or unique features of the project such as innovations, reductions in cost or time, or extraordinary community involvement.

    3. Budget and Budget Justification. Use the Form SF-424A, Budget Information—Non-Construction Programs, to show your budget cost elements. The form summarizes resources as Federal and non-Federal funds and costs. “Federal” refers only to the HWWS Grant Program for which you are applying. “Non-Federal” refers to resources from your organization, state agencies, local government, other Federal agencies, non-government organizations, private industry, and individuals. Both Federal and non-Federal resources shall be detailed and justified in the budget and narrative justification.

    a. Provide a budget with line item detail and detailed calculations for each budget object class identified in section B of the Budget Information form (SF-424A). Detailed calculations must include estimation methods, quantities, unit costs, and other similar quantitative detail sufficient for the calculation to be duplicated. Also include a breakout by the funding sources identified in Block 15 of the SF-424.

    b. Provide a narrative budget justification that describes how the categorical costs are derived for all capital and administrative expenditures, the matching contribution, and other sources of funds necessary to complete the project. Discuss the necessity, reasonableness, and allocability of the proposed costs.

    c. If the grant applicant will use a servicing contractor, the fees may be reimbursed as an administrative expense as provided in 7 CFR 1776.13. These fees must be discussed in the budget narrative. If the grant applicant will hire a servicing contractor, it must demonstrate that all procurement transactions will be conducted in a manner to provide, to the maximum extent practical, open and free competition. Recipients must justify any anticipated procurement action that is expected to be awarded without competition and exceed the simplified acquisition threshold fixed at 41 U.S.C. 134 (currently set at $100,000).

    d. The indirect cost category should be used only when the grant applicant currently has an indirect cost rate approved by the Department of Agriculture or another cognizant Federal agency. A grant applicant that will charge indirect costs to the grant must enclose a copy of the current rate agreement. If the grant applicant is in the process of initially developing or renegotiating a rate, the grant applicant shall submit its indirect cost proposal to the cognizant agency immediately after the applicant is advised that an award will be made. In no event, shall the indirect cost proposal be submitted later than three months after the effective date of the award.

    4. Evidence of Legal Authority and Existence. The applicant must provide satisfactory documentation that it is legally recognized under state or Tribal and Federal law as a private non-profit organization. The documentation also must show that it has the authority to enter into a grant agreement with RUS and to perform the activities proposed under the grant application. Satisfactory documentation includes, but is not limited to, certificates from the Secretary of State, copies of state/Tribal statutes or laws establishing your organization, and copies of your organization's articles of incorporation and bylaws. Letters from IRS awarding tax-exempt status are not considered adequate evidence.

    5. List of Directors and Officers. The applicant must submit a certified list of directors and officers with their respective terms.

    6. IRS Tax Exempt Status. The applicant must submit evidence of tax exempt status from the Internal Revenue Service.

    7. Financial Information and Sustainability. The applicant must submit pro forma balance sheets, income statements, and cash flow statements for the last three years and projections for three years. Additionally, the most recent audit of the applicant's organization must be submitted.

    B. Evaluation Criteria

    Grant applications that are complete and eligible will be scored competitively based on the following scoring criteria:

    Scoring criteria Points Degree of expertise and experience in promoting the safe and productive use of individually-owned household water well systems and ground water Up to 30 points. Degree of expertise and successful experience in making and servicing loans to individuals Up to 20 points. Percentage of applicant contributions. Points allowed under this paragraph will be based on written evidence of the availability of funds from sources other than the proceeds of a HWWS grant to pay part of the cost of a loan recipient's project. In-kind contributions will not be considered. Funds from other sources as a percentage of the HWWS grant and points corresponding to such percentages are as follows: 0 to 9 percent ineligible. 10 to 25 percent 5 points. 26 to 30 percent 10 points. 31 to 50 percent 15 points. 51 percent or more 20 points. Extent to which the work plan demonstrates a well thought out, comprehensive approach to accomplishing the objectives of this part, clearly defines who will be served by the project, and appears likely to be sustainable Up to 20 points. Extent to which the goals and objectives are clearly defined, tied to the work plan, and measurable Up to 10 points. Lowest ratio of projected administrative expenses to loans advanced Up to 10 points. Administrator's discretion, considering such factors as: Creative outreach ideas for marketing HWWS loans to rural residents; factors include: Up to 10 points. 1. Directs loans to rural areas where according to the American Community Survey data by census tracts show that at least 20 percent of the population is living in poverty. This emphasis will support Rural Development's goal of providing 20 percent of its funding by 2016 to these areas of need; 2. Directs loans to areas which lack running water, flush toilets, and modern sewage disposal systems, and areas which have open sewers and high rates of disease caused by poor sanitation, in particular, colonias or Substantially Underserved Trust Areas. C. Review Standards

    1. Incomplete applications as of the deadline for submission will not be considered. If an application is determined to be incomplete, the applicant will be notified in writing and the application will be returned with no further action.

    2. Ineligible applications will be returned to the applicant with an explanation.

    3. Complete, eligible applications will be evaluated competitively by a review team, composed of at least two RUS employees selected from the Water Programs Division. They will make overall recommendations based on the program elements found in 7 CFR part 1776 and the review criteria presented in this notice. They will award points as described in the scoring criteria in 7 CFR 1776.9 and this notice. Each application will receive a score based on the averages of the reviewers' scores and discretionary points awarded by the RUS Administrator.

    4. Applications will be ranked and grants awarded in rank order until all grant funds are expended.

    5. Regardless of the score an application receives, if RUS determines that the project is technically infeasible, RUS will notify the applicant, in writing, and the application will be returned with no further action.

    VI. Award Administration Information A. Award Notices

    RUS will notify a successful applicant by an award letter accompanied by a grant agreement. The grant agreement will contain the terms and conditions for the grant. The applicant must execute and return the grant agreement, accompanied by any additional items required by the award letter or grant agreement.

    B. Administrative and National Policy Requirements

    1. This notice, the 7 CFR part 1776, and the application guide implement the appropriate administrative and national policy requirements. Grant recipients are subject to the requirements in 7 CFR part 1776.

    2. Direct federal grants, sub-award funds, or contracts under the HWWS Grant Program shall not be used to fund inherently religious activities, such as worship, religious instruction, or proselytization. Therefore, organizations that receive direct assistance should take steps to separate, in time or location, their inherently religious activities from the services funded under the HWWS Grant Program. Regulations for the Equal Treatment for Faith-based Organizations are contained in 7 CFR part 16, which includes the prohibition against federal funding of inherently religious activities.

    C. Reporting

    1. Performance Reporting. All recipients of HWWS Grant Program financial assistance must provide quarterly performance activity reports to RUS until the project is complete and the funds are expended. A final performance report is also required. The final report may serve as the last annual report. The final report must include an evaluation of the success of the project.

    2. Financial Reporting. All recipients of HWWS Grant Program financial assistance must provide an annual audit, beginning with the first year a portion of the financial assistance is expended. The Non-Federal Entity (formerly called Grantee) will provide an audit report or financial statements as follows:

    a. Non-Federal Entities expending $500,000 or more Federal funds per fiscal year will submit an audit conducted in accordance with 2 CFR part 200 or successor guidance. The audit will be submitted within nine months after the Non-Federal Entity's fiscal year. Additional audits may be required if the project period covers more than one fiscal year.

    b. Non-Federal Entities expending less than $500,000 will provide annual financial statements covering the grant period, consisting of the organization's statement of income and expense and balance sheet signed by an appropriate official of the organization. Financial statements will be submitted within 90 days after the Non-Federal Entity's fiscal year.

    3. Recipient and Subrecipient Reporting. The applicant must have the necessary processes and systems in place to comply with the reporting requirements for first-tier sub-awards and executive compensation under the Federal Funding Accountability and Transparency Act of 2006 in the event the applicant receives funding unless such applicant is exempt from such reporting requirements pursuant to 2 CFR 170.110(b). The reporting requirements under the Transparency Act pursuant to 2 CFR part 170 are as follows:

    a. First Tier Sub-Awards of $25,000 or more in non-Recovery Act funds (unless they are exempt under 2 CFR part 170) must be reported by the Recipient to fsrs.gov no later than the end of the month following the month the obligation was made.

    b. The Total Compensation of the Recipient's Executives (five most highly compensated executives) must be reported by the Recipient (if the Recipient meets the criteria under 2 CFR part 170) to sam.gov/portal/public/SAM/ by the end of the month following the month in which the award was made.

    c. The Total Compensation of the Subrecipient's Executives (5 most highly compensated executives) must be reported by the Subrecipient (if the Subrecipient meets the criteria under 2 CFR part 170) to the Recipient by the end of the month following the month in which the subaward was made.

    VII. Agency Contacts

    A. Web site: rurdev.usda.gov/UWP-individualwellsystems

    B. Phone: 202-720-9640.

    C. Fax: 202-690-0649.

    D. Email: [email protected]

    E. Main point of contact: Derek Jones, Community Programs Specialist, Water Programs Division, Water and Environmental Programs, RUS, Rural Development, U.S. Department of Agriculture.

    VIII. USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

    Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at ascr.usda.gov/complaint_filing_cust and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

    (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250-9410;

    (2) Fax: (202) 690-7442; or

    (3) Email: [email protected]

    USDA is an equal opportunity provider, employer, and lender.

    Dated: January 20, 2016. Brandon McBride, Administrator, Rural Utilities Service.
    [FR Doc. 2016-05170 Filed 3-8-16; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Hawai'i State Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of public meeting.

    DATES:

    Thursday, March 24, 2016.

    Time: 2:00-3:00 p.m. HST.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Hawai'i State Advisory Committee (Committee) to the Commission will be held at 2:00 p.m. (Hawaiian Time) Thursday, March 24, 2016, for the purpose of considering the Committee's report on Micronesian immigration to Hawai'i.

    This meeting is available to the public through the following toll-free call-in number: 888-299-7209; when prompted, please provide conference ID number: 1427558. Any interested member of the public may call this number and listen to the meeting. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number. Hearing-impaired persons who will attend the meeting and require the services of a sign language interpreter should contact the Regional Office at least ten (10) working days before the scheduled date of the meeting.

    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments. The comments must be received in the Western Regional Office of the Commission by Monday, April 18, 2016. The address is Western Regional Office, U.S. Commission on Civil Rights, 300 N. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Persons wishing to email their comments may do so by sending them to Angela French-Bell, Regional Director, Western Regional Office, at [email protected]

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at http://facadatabase.gov/committee/meetings.aspx?cid=244. Please click on the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Western Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Western Regional Office at the above email or street address.

    Agenda
    I. Introductory Remarks II. Discussion of the Committee's report on Micronesian immigration III. Public Comment IV. Adjournment DATES:

    The meeting will be held on Wednesday, March 16, 2016, at 2:00 p.m. CST.

    Public Call Information:

    Dial: 888-299-7209 Conference ID: 1427558 FOR FURTHER INFORMATION CONTACT:

    Angela French-Bell, DFO, at (213) 894-3437 or [email protected]

    Dated: March 3, 2016. David Mussatt, Chief, Regional Programs Coordination Unit.
    [FR Doc. 2016-05192 Filed 3-8-16; 8:45 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Advisory Committees Expiration AGENCY:

    United States Commission on Civil Rights.

    ACTION:

    Solicitation of applications.

    SUMMARY:

    Because the terms of the members of the Nebraska Advisory Committee are expiring on June 19, 2016, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the Nebraska Advisory Committee, and applicants must be residents of Nebraska to be considered. Letters of interest must be received by the Central Regional Office of the U.S. Commission on Civil Rights no later than March 13, 2016. Letters of interest must be sent to the address listed below.

    Because the terms of the members of the Hawaii Advisory Committee are expiring on May 15, 2016, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the Hawaii Advisory Committee, and applicants must be residents of the Hawaii to be considered. Letters of interest must be received by the Western Regional Office of the U.S. Commission on Civil Rights no later than March 13, 2016. Letters of interest must be sent to the address listed below.

    Because the terms of the members of the California Advisory Committee are expiring on May 15, 2016, the United States Commission on Civil Rights hereby invites any individual who is eligible to be appointed to apply. The memberships are exclusively for the California Advisory Committee, and applicants must be residents of the California to be considered. Letters of interest must be received by the Western Regional Office of the U.S. Commission on Civil Rights no later than March 13, 2016. Letters of interest must be sent to the address listed below.

    DATES:

    Letters of interest for membership on the Nebraska Advisory Committee should be received no later than March 13, 2016.

    Letters of interest for membership on the Hawaii Advisory Committee should be received no later than March 13, 2016.

    Letters of interest for membership on the California Advisory Committee should be received no later than March 13, 2016.

    ADDRESSES:

    Send letters of interest for the Nebraska Advisory Committee to: U.S. Commission on Civil Rights, Central Regional Office, 400 State Avenue, Suite 908, Nebraska City, KS 66101. Letter can also be sent via email to [email protected]

    Send letters of interest for the Hawaii Advisory Committee to: U.S. Commission on Civil Rights, Western Regional Office, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Letter can also be sent via email to [email protected]

    Send letters of interest for the California Advisory Committee to: U.S. Commission on Civil Rights, Western Regional Office, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. Letter can also be sent via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Mussatt, Chief, Regional Programs Unit, 55 W. Monroe St., Suite 410, Chicago, IL 60603, (312) 353-8311. Questions can also be directed via email to [email protected]

    SUPPLEMENTARY INFORMATION:

    The Nebraska, Hawaii, and California Advisory Committees are statutorily mandated federal advisory committees of the U.S. Commission on Civil Rights pursuant to 42 U.S.C. 1975a. Under the charter for the advisory committees, the purpose is to provide advice and recommendations to the U.S. Commission on Civil Rights (Commission) on a broad range of civil rights matters in its respective state that pertain to alleged deprivations of voting rights or discrimination or denials of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or the administration of justice. Advisory committees also provide assistance to the Commission in its statutory obligation to serve as a national clearinghouse for civil rights information.

    Each advisory committee consists of not more than 19 members, each of whom will serve a four-year term. Members serve as unpaid Special Government Employees who are reimbursed for travel and expenses. To be eligible to be on an advisory committee, applicants must be residents of the respective state or district, and have demonstrated expertise or interest in civil rights issues.

    The Commission is an independent, bipartisan agency established by Congress in 1957 to focus on matters of race, color, religion, sex, age, disability, or national origin. Its mandate is to:

    • Investigate complaints from citizens that their voting rights are being deprived,

    • study and collect information about discrimination or denials of equal protection under the law,

    • appraise federal civil rights laws and policies,

    • serve as a national clearinghouse on discrimination laws,

    • submit reports and findings and recommendations to the President and the Congress, and

    • issue public service announcements to discourage discrimination.

    The Commission invites any individual who is eligible to be appointed a member of the Nebraska, Hawaii, or California Advisory Committee covered by this notice to send a letter of interest and a resume to the respective address above.

    Dated: March 3, 2016. David Mussatt, Chief, Regional Programs Unit.
    [FR Doc. 2016-05193 Filed 3-8-16; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-02-2016] Approval of Expanded Subzone Status; Black & Decker (U.S.) Inc., Subzone 243A, Rialto and Fontana, California

    On January 14, 2016, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City of Victorville, California, grantee of FTZ 243, requesting expanded subzone status subject to the existing activation limit of FTZ, on behalf of Black & Decker (U.S.) Inc., in Rialto and Fontana, California.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (81 FR 3100, January 20, 2016). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board's Executive Secretary (15 CFR Sec. 400.36(f)), the application to expand Subzone 243A is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 243's 2,000-acre activation limit.

    Dated: March 3, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-05288 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Amended Temporary Denial Order Ribway Airlines Company Limited, 54 Kairaba Avenue, Kanifing Municipality, WRC, The Gambia John Edward Meadows, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom Jeffrey John James Ashfield, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom moreJet Ltd., 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom, and Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom Stefan Piotr Kondak, a/k/a Stefan Peter Kondak, 150 Broadway, Bournemouth, Dorset, BH6 4EC, United Kingdom, and 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom AC AVIATIE UK Limited, f/k/a Bin Vali Aviation Limited, 50 St. Leonard's Road, Bexhill On Sea, East Sussex, TN40 1JB, United Kingdom

    Respondents.

    Pursuant to Section 766.24 of the Export Administration Regulations (the “Regulations” or “EAR”),1 I hereby grant the request of the Office of Export Enforcement (“OEE”) to modify the January 19, 2016 Order Temporarily Denying the Export Privileges of Ribway Airlines Company Limited, John Edward Meadows, Jeffrey John James Ashfield, Af-Aviation Limited, and Andy Farmer, as I find it necessary to amend this temporary denial order (“TDO”) to add three parties and also to remove two parties named in the TDO as issued on January 19, 2016.

    1 The EAR are currently codified at 15 CFR parts 730-774 (2015). The EAR issued under the Export Administration Act of 1979, as amended 50 U.S.C. 4601-4623 (Supp. III 2015 (available at http://uscode.house.gov) (“EAA” or the “Act”). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 7, 2015 (80 FR 48,223 (Aug. 11, 2015)) has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)).

    I find it necessary in order to prevent an imminent violation of the Regulations and the TDO to add the following persons as respondents:

    moreJet Ltd., 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom Stefan Piotr Kondak, a/k/a Stefan Peter Kondak, 150 Broadway, Bournemouth, Dorset, BH6 4EC, United Kingdom 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom AC AVIATIE UK Limited, f/k/a Bin Vali Aviation Limited, 50 St. Leonard's Road, Bexhill On Sea, East Sussex, TN40 1JB, United Kingdom

    I also find based upon OEE's request and evidence obtained by OEE after issuance of the TDO on January 19, 2016, that the following parties should be removed from the TDO:

    AF-Aviation Limited, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6 ODF, United Kingdom Andy Farmer, Sebring House, 4 Newbridge Drive, Wolverhampton, WV6 ODF, United Kingdom I. Procedural History

    On January 19, 2016, I signed the TDO, denying for 180 days the export privileges of Ribway Airlines Company Limited (“Ribway Airlines”), John Edward Meadows, Jeffrey John James Ashfield, Af-Aviation Limited, and Andy Farmer (Af-Aviation's director). The TDO was issued ex parte pursuant to Section 766.24(a), and went into effect upon issuance on January 19, 2016. The TDO was published in the Federal Register on January 26, 2016. 81 FR 4251 (Jan. 26, 2016).

    The TDO issued based upon evidence presented by OEE concerning an attempt to ferry or reexport two Boeing 737 aircraft, with manufacturer serial numbers 26444 and 26458, respectively, from Romania to Iran without the U.S. Government authorization required by Sections 742.8 and 746.7 of the EAR.2 As discussed further below, since the TDO issued on January 19, 2016, OEE has obtained evidence regarding the involvement of moreJet Ltd., Stefan Piotr Kondak (moreJet Ltd.'s director and co-founder), and AC AVIATIE UK Limited in the attempted reexport of the aircraft to Iran.

    2 Both Boeing 737s are subject to the EAR and are classified under Export Control Classification Number (“ECCN”) 9A991.b and are controlled for anti-terrorism reasons.

    II. Temporarily Denying Export Privileges A. Legal Standard

    Pursuant to Section 766.24(b) of the Regulations, BIS may issue an order temporarily denying a Respondent's export privileges upon a showing that the order is necessary in the public interest to prevent an “imminent violation” of the Regulations. 15 CFR 766.24(b)(1). “A violation may be `imminent' either in time or degree of likelihood.” 15 CFR 766.24(b)(3). BIS may show “either that a violation is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violations.” Id. As to the likelihood of future violations, BIS may show that “the violation under investigation or charges is significant, deliberate, covert and/or likely to occur again, rather than technical or negligent [.]” Id. A “lack of information establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.” Id.

    B. OEE's Request To Add moreJet Ltd., Stefan Piotr Kondak, and AC AVIATIE UK Limited to the TDO

    OEE has requested the addition of moreJet Ltd.—a United Kingdom-based company that holds itself out as providing flight operation services, ferry flights, airworthiness review certificates, flight crews, navigation, and fuel—and its director and co-founder Stefan Piotr Kondak (“Kondak”). OEE has presented evidence demonstrating that Kondak and his company were involved with the attempted reexports described in the TDO. The on-going investigation indicates that moreJet Ltd. was providing the aircrew, including Kondak as a pilot, that was to ferry or reexport the aircraft from Romania. Moreover, moreJet Ltd. and specifically Kondak acted as the aircraft owner's agent and/or representative in facilitating the attempted reexport of the aircraft from Romania.

    Additionally, the January 19, 2016 TDO named John Edward Meadows as a denied person based upon his involvement with the attempted reexports. Evidence obtained subsequent to the issuance of the TDO has confirmed OEE's suspicions that John Edward Meadows' actions were taken in his capacity as a director of AC AVIATIE UK Limited. Multiple sources, including but not limited to the insurance policies and bills of sale for the aircraft, indicate AC AVIATIE UK Limited's ownership of both subject aircraft.3

    3 AC AVIATIE UK Limited was formerly known as Bin Vali Aviation Limited. The aircraft insurance policies referenced in the January 19, 2016 TDO listed Bin Vali Aviation Limited, a United Kingdom-based company, as an insured party. United Kingdom corporate registration documents indicate that Bin Vali Aviation Limited changed its corporate name to AC AVIATIE UK Limited. Additional evidence now confirms that AC AVIATIE UK Limited/Bin Vali Aviation Limited purchased both aircraft from Malaysian Airlines.

    Prior to issuance of the TDO, OEE did not have evidence establishing moreJet Ltd.'s or Kondak's relationship to the aircraft or role in the transaction. If the evidence presented in support of this modification had been available during consideration of the TDO, OEE would have sought to include moreJet and Kondak as denied persons at that time. Similarly, OEE also would have requested that AC AVIATIE UK Limited's export privileges be denied in its original request. Lastly, OEE has presented evidence that despite knowing of the TDO, moreJet Ltd. and Kondak have, as recently as February 26, 2016, continued their efforts to ferry or reexport the subject aircraft from Romania in violation of Regulations and the TDO.

    Given the foregoing, the evidence presented by OEE supports its position that, absent the TDO and its inclusion of the three additional respondents, further attempts likely will be made to reexport the aircraft from Romania.

    C. Findings

    I find that the evidence presented by OEE demonstrates that a violation of the Regulations and TDO is imminent in both time and degree of likelihood and that adding moreJet Ltd., Stefan Piotr Kondak, and AC AVIATIE UK Limited to the TDO is needed to give notice to persons and companies in the United States and abroad that they should cease dealing with these additional parties in export and re-export transactions involving items subject to the EAR or other activities prohibited by the TDO. Doing so is consistent with the public interest to preclude future violations of the EAR. moreJet Ltd., Stefan Piotr Kondak, and AC AVIATIE UK Limited's export privileges are being temporarily denied on an ex parte basis without a hearing based upon BIS's showing of an imminent violation in accordance with Section 766.24 of the Regulations.

    Finally, I find that Af-Aviation Limited and Andy Farmer should be removed from the TDO, based upon evidence obtained by OEE after issuance of the TDO on January 19, 2016.

    It is therefore ordered:

    First, that RIBWAY AIRLINES COMPANY LIMITED, 54 Kairaba Avenue, Kanifing Municipality, WCR, The Gambia; JOHN EDWARD MEADOWS, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom; JEFFREY JOHN JAMES ASHFIELD, 50 St. Leonards Road, Bexhill on Sea, East Sussex, TN40 1JB, United Kingdom; MOREJET LTD., 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom, and Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom; STEFAN PIOTR KONDAK, A/K/A STEFAN PETER KONDAK, 150 Broadway, Bournemouth, Dorset, BH6 4EC, United Kingdom, and 60 Brackendale Road, Bournemouth, BH8 9HZ, United Kingdom, and Castle Malwood, Minstead, Lyndhurst, Hampshire, SO43 7PE, United Kingdom; and AC AVIATIE UK LIMITED, F/K/A BIN VALI AVIATION LIMITED, 50 St. Leonard's Road, Bexhill On Sea, East Sussex, TN40 1JB, United Kingdom, and when acting for or on their behalf, any successors or assigns, agents, or employees (each a “Denied Person” and collectively the “Denied Persons”) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Export Administration Regulations (“EAR”), or in any other activity subject to the EAR including, but not limited to:

    A. Applying for, obtaining, or using any license, License Exception, or export control document;

    B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR; or

    C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR.

    Second, that no person may, directly or indirectly, do any of the following:

    A. Export or reexport to or on behalf of a Denied Person any item subject to the EAR;

    B. Take any action that facilitates the acquisition or attempted acquisition by a Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby a Denied Person acquires or attempts to acquire such ownership, possession or control;

    C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from a Denied Person of any item subject to the EAR that has been exported from the United States;

    D. Obtain from a Denied Person in the United States any item subject to the EAR with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

    E. Engage in any transaction to service any item subject to the EAR that has been or will be exported from the United States and which is owned, possessed or controlled by a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

    Third, that, after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to a Denied Person by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order.

    In accordance with the provisions of Section 766.24(e) of the EAR, the Respondents may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022.

    In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order.

    A copy of this Order shall be served on Ribway Airlines Company Limited, John Edward Meadows, Jeffrey John James Ashfield, moreJet Ltd., Stefan Piotr Kondak, AC AVIATIE UK Limited, Af-Aviation Limited, and Andy Farmer, and shall be published in the Federal Register.

    This Order is effective immediately and shall remain in effect until July 17, 2016, unless renewed in accordance with Section 766.24(d) of the Regulations.

    Dated: March 1, 2016. David W. Mills, Assistant Secretary of Commerce for Export Enforcement.
    [FR Doc. 2016-05218 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Oman AGENCY:

    International Trade Administration (ITA).

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 9, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 or via email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, Tel. (202) 482-1550, Maria.D'[email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    Title III, Subtitle B, Section 321 through Section 328 of the United States-Oman Free Trade Agreement Implementation Act (the “Act”) implements the textile and apparel safeguard provisions, provided for in Article 3.1 of the United States-Oman Free Trade Agreement (the “Agreement”). This safeguard mechanism applies when, as a result of the elimination of a customs duty under the Agreement, an Omani textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof to a U.S. industry producing a like or directly competitive article. In these circumstances, Article 3.1 permits the United States to increase duties on the imported article from Oman to a level that does not exceed the lesser of the prevailing U.S. normal trade relations (NTR)/most-favored-nation (MFN) duty rate for the article or the U.S. NTR/MFN duty rate in effect on the day before the Agreement entered into force.

    The Statement of Administrative Action accompanying the U.S.-Oman Free Trade Agreement Implementation Act (the “Act”) provides that CITA will issue procedures for requesting such safeguard measures, for making its determinations under section 322(a) of the Act, and for providing relief under section 322(b) of the Act.

    In Proclamation No. 8332 (73 FR 80,289, December 31, 2008), the President delegated to CITA his authority under Subtitle B of Title III of the Act with respect to textile and apparel safeguard measures.

    CITA must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Oman, thereby allowing CITA to take corrective action to protect the viability of the domestic textile industry, subject to section 322(b) of the Act.

    Pursuant to Section 321(a) of the Act and Section 7 of Presidential Proclamation 8332 of December 29, 2008, an interested party in the U.S. domestic textile and apparel industry may file a request for a textile and apparel safeguard action with CITA. Consistent with longstanding CITA practice in considering textile safeguard actions, CITA will consider an interested party to be an entity (which may be a trade association, firm, certified or recognized union, or group of workers) that is representative of either: (A) a domestic producer or producers of an article that is like or directly competitive with the subject Omani textile or apparel article; or (B) a domestic producer or producers of a component used in the production of an article that is like or directly competitive with the subject Omani textile or apparel article.

    In order for a request to be considered, the requestor must provide the following information in support of a claim that a textile or apparel article from Oman is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof, to a U.S. industry producing an article that is like, or directly competitive with, the imported article: (1) Name and description of the imported article concerned; (2) import data demonstrating that imports of an Omani origin textile or apparel article that are like or directly competitive with the articles produced by the domestic industry concerned are increasing in absolute terms or relative to the domestic market for that article; (3) U.S. domestic production of the like or directly competitive articles of U.S. origin indicating the nature and extent of the serious damage or actual threat thereof, along with an affirmation that to the best of the requester's knowledge, the data represent substantially all of the domestic production of the like or directly competitive article(s) of U.S. origin; (4) imports from Oman as a percentage of the domestic market of the like or directly competitive article; and (5) all data available to the requester showing changes in productivity, utilization of capacity, inventories, exports, wages, employment, domestic prices, profits, and investment, and any other information, relating to the existence of serious damage or actual threat thereof caused by imports from Oman to the industry producing the like or directly competitive article that is the subject of the request. To the extent that such information is not available, the requester should provide best estimates and the basis therefore.

    If CITA determines that the request provides the information necessary for it to be considered, CITA will publish a notice in the Federal Register seeking public comments regarding the request. The comment period shall be 30 calendar days. The notice will include a summary of the request. Any interested party may submit information to rebut, clarify, or correct public comments submitted by any interested party.

    CITA will make a determination on any request it considers within 60 calendar days of the close of the comment period. If CITA is unable to make a determination within 60 calendar days, it will publish a notice in the Federal Register, including the date it will make a determination.

    If a determination under section 322(b) of the Act is affirmative, CITA may provide tariff relief to a U.S. industry to the extent necessary to remedy or prevent serious damage or actual threat thereof and to facilitate adjustment by the domestic industry to import competition. The import tariff relief is effective beginning on the date that CITA's affirmative determination is published in the Federal Register.

    Entities submitting requests, responses or rebuttals to CITA may submit both a public and confidential version of their submissions. If the request is accepted, the public version will be posted on the dedicated Oman Free Trade Agreement textile safeguards section of the Office of Textile and Apparel (OTEXA) Web site. The confidential version of the request, responses or rebuttals will not be shared with the public as it may contain business confidential information. Entities submitting responses or rebuttals may use the public version of the request as a basis for responses.

    II. Method of Collection

    When an interested party files a request for a textile and apparel safeguard action with CITA, ten copies of any such request must be provided in a paper format. If business confidential information is provided, two copies of a non-confidential version must also be provided. If CITA determines that the request provides the necessary information to be considered, it publishes a Federal Register notice seeking public comments on the request. To the extent business confidential information is provided, a non-confidential version must also be provided. Any interested party may submit information to rebut, clarify, or correct public comments submitted by any interested party.

    III. Data

    OMB Control Number: 0625-0266.

    Form Number(s): None.

    Type of Review: Regular submission.

    Affected Public: Individuals or households; business or other for-profit organizations.

    Estimated Number of Respondents: 6 (1 for Request; 5 for Comments).

    Estimated Time per Response: 4 hours for a Request; and 4 hours for each Comment.

    Estimated Total Annual Burden Hours: 24.

    Estimated Total Annual Cost to Public: $960.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 3, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-05165 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-890] Wooden Bedroom Furniture From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order AGENCY:

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

    SUMMARY:

    As a result of this second sunset review, the Department of Commerce (“the Department”) finds that revocation of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (“PRC”) would likely lead to continuation or recurrence of dumping, at the levels indicated in the “Final Results of Sunset Review” section of this notice.

    DATES:

    Effective March 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769.

    Background

    On January 4, 2005, the Department published in the Federal Register the antidumping duty order on wooden bedroom furniture from the PRC.1 On November 3, 2015, the Department published the notice of initiation of the second sunset review of the Order pursuant to section 751(c) of the Tariff Act of 1930, as amended (“Act”).2 On November 18, 2015, the Department received a notice of intent to participate in the sunset review from domestic interested parties.3 This notice was filed within the time period specified in 19 CFR 351.218(d)(1)(i).4 On December 3, 2015, the domestic interested parties filed a substantive response within the 30-day period specified in 19 CFR 351.218(d)(3)(i).5 The Department did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-day) sunset review of the Order.

    1See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture From the People's Republic of China, 70 FR 329 (January 4, 2005) (“Order”).

    2See Initiation of Five-year (“Sunset”) Review, 80 FR 67705 (November 3, 2015) (“Sunset Initiation”).

    3 The Domestic interested parties are the American Furniture Manufacturers Committee for Legal Trade (“Committee”) and Vaughan-Bassett Furniture Company, Inc. (“Vaughan-Basset) (collectively “Domestic Interested Parties”). These parties stated that the Committee and each of its members (including Vaughan-Bassett) intend to participate in this sunset review. Local Union 2445, and Teamsters, Chauffeurs, Warehousemen and Helpers Local 991 stated their willingness to participate in this sunset review and support the continuation of the Order.

    4See Letter from Domestic Interested Parties “Re: Second Five-Year (Sunset) Review of Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China: Notice of Intent to Participate in Sunset Review,” dated November 18, 2015.

    5See Letter from Domestic Interested Parties “Re: Five-Year (“Sunset”) Review of Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China/The Domestic Industry's Substantive Response To The Notice Of Initiation” dated December 3, 2015 (“Domestic Interested Parties' Substantive Response”).

    Scope of the Order

    The product covered by the Order is wooden bedroom furniture, subject to certain exceptions.6 Imports of subject merchandise are classified under Harmonized Tariff Schedule of the United States (“HTSUS”) subheadings: 9403.50.9042 and 9403.50.9045 of the HTSUS as “wooden . . . beds” and under subheading 9403.50.9080 of the HTSUS as “other . . . wooden furniture of a kind used in the bedroom.” In addition, wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds may also be entered under subheading 9403.50.9042 or 9403.50.9045 of the HTSUS as “parts of wood.” Subject merchandise may also be entered under subheadings 9403.50.9041, 9403.60.8081, or 9403.20.0018. Further, framed glass mirrors may be entered under subheading 7009.92.1000 or 7009.92.5000 of the HTSUS as “glass mirrors . . . framed.” The Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the Order. 7

    6See Order, 70 FR at 329.

    7 For a full description of the scope of the order, including exclusions, see the “Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China” from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with, and hereby adopted by, this notice (“Decision Memorandum”).

    The 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 in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Decision Memorandum and the electronic version of the Decision Memorandum are identical in content.

    Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Decision Memorandum. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping, the magnitude of the margins likely to prevail if the Order were to be revoked, and duty absorption.

    Final Results of Sunset Review

    Pursuant to section 752(c)(3) of the Act, the Department determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average dumping margins up to 198.08 percent.

    Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2016-05307 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-813] Certain Preserved Mushrooms From India: 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 preserved mushrooms (mushrooms) from India.1 The period of review (POR) is February 1, 2014, through January 31, 2015. The review covers one producer/exporter of the subject merchandise, Himalya International, Ltd. (Himalya). We preliminarily determine that sales of subject merchandise by Himalya have not been made at prices below normal value (NV). We invite interested parties to comment on these preliminary results.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015).

    DATES:

    Effective March 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Katherine Johnson or Terre Keaton Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4929 or (202) 482-1280, respectively.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The merchandise covered by this order is certain preserved mushrooms from India. The product is currently classified under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, 0711.51.0000, 0711.90.4000, 2003.10.0027, 2003.10.0031, 2003.10.0037, 2003.10.0043 and 2003.10.0047 of the Harmonized Tariff System of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of merchandise subject to the scope is dispositive.2

    2 A full description of the scope of the order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from India; 2014-2015” (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the 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 at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of the Review  3

    3 As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,” dated January 27, 2016. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination of this administrative review is now March 4, 2016.

    As a result of this review, the Department preliminarily determines that a weighted-average dumping margin of 0.00 percent exists for Himalya for the period February 1, 2014, through January 31, 2015.

    Disclosure and Public Comment

    We intend to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties are invited to comment on these preliminary results. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.4 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    4See 19 CFR 351.309.

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS. An electronically filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard 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. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    5See 19 CFR 351.310(c).

    The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.6

    6See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

    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.7

    7See 19 CFR 351.212(b)(1).

    Because Himalya did not report entered value, we calculated importer-specific or customer-specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. To determine whether this duty assessment rate is de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated an importer-specific ad valorem ratio based on the estimated entered value. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.8

    8See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012); see also 19 CFR 351.106(c)(2).

    We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 Himalya will be the rate established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, 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 the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.30 percent, the all-others rate established in the less-than-fair-value investigation.9 These requirements, when imposed, shall remain in effect until further notice.

    9See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From India, 64 FR 8311 (February 19, 1999).

    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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Comparisons to Fair Value 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 2. Level of Trade E. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Calculation of NV Based on Constructed Value H. Verification I. Currency Conversion V. Recommendation
    [FR Doc. 2016-05309 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-351-825] Stainless Steel Bar From Brazil: 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 stainless steel bar (SSB) from Brazil. The period of review (POR) is February 1, 2014, through January 31, 2015. The review covers one producer/exporter of the subject merchandise, Villares Metals S.A. (Villares). We preliminarily find that subject merchandise has not been sold at less than normal value. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 9, 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 order is SSB. The SSB subject to the order is currently classifiable under subheadings 7222.1000, 7222.1100, 7222.1900, 7222.2000, 7222.3000 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.1

    1See the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Bar from Brazil” dated concurrently with, and hereby adopted by this notice (Preliminary Decision Memorandum).

    Methodology

    The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed export price and export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine that a weighted-average dumping margin of 0.00 percent exists for Villares for the period February 1, 2014, through January 31, 2015.

    Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case 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.2 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.3

    2See 19 CFR 351.309(d).

    3See 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.4 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, unless extended, pursuant to section 751(a)(3)(A) of the Act.

    4See 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. If Villares' weighted-average dumping margin is above de minimis in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for each importer's examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). If Villares' weighted-average dumping margin continues to be 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.” 5

    5See 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).

    For entries of subject merchandise during the POR produced by Villares for which they did not know their merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of SSB from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Villares will be the rate established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, 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 the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.43 percent, the all-others rate established in the Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar From Brazil, 59 FR 66914 (December 28, 1994). These cash deposit requirements, when imposed, shall remain in effect until further notice.

    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.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology (1) Comparisons to Normal Value A. Determination of Comparison Method B. Results of Differential Pricing Analysis (2) Product Comparisons (3) Date of Sale (4) Constructed Export Price (5) Export Price (6) Normal Value A. Home Market Viability and Comparison Market B. Level of Trade C. Cost of Production 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of Normal Value Based on Comparison Market Prices V. Currency Conversion VI. Recommendation
    [FR Doc. 2016-05294 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-201-843] Prestressed Concrete Steel Rail Tie Wire From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013-2015 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 prestressed concrete steel rail tie wire (PC tie wire) from Mexico. The period of review (POR) is December 12, 2013, through May 31, 2015. The review covers one producer/exporter of the subject merchandise, Aceros Camesa, S.A. de C.V. (Camesa). We preliminarily determine that sales of subject merchandise by Camesa have been made at prices below normal value (NV). We invite interested parties to comment on these preliminary results.

    DATES:

    Effective March 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca Trainor or Aqmar Rahman, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4007 and (202) 482-0768, respectively.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The product covered by this order is prestressed concrete steel rail tie wire. This product is classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading7217.10.8045, but may also be classified under subheadings 7217.10.7000, 7217.10.8025, 7217.10.8030, 7217.10.8090, 7217.10.9000, 7229.90.1000, 7229.90.5016, 7229.90.5031, 7229.90.5051, 7229.90.9000, and 7312.10.3012. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.1

    1 A full description of the scope of the order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Prestressed Concrete Steel Rail Tie Wire from Mexico; 2013-2015” (Preliminary Decision Memorandum), dated concurrently with these results and hereby adopted by this notice.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is 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 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 at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of the Review  2

    2 As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, regarding “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,” dated January 27, 2016. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this administrative review is now March 7, 2016.

    As a result of this review, the Department preliminarily determines that a weighted-average dumping margin of 6.33 percent exists for Camesa for the period December 12, 2013, through May 31, 2015.

    Disclosure and Public Comment

    We intend to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties may submit case briefs not later than 30 days after the date of publication of this notice.3 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.4 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    3See 19 CFR 351.309(c)(1)(ii).

    4See 19 CFR 351.309(d).

    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 after 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 time and date to be determined. See 19 CFR 351.310(d). Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.5

    5See Section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

    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.6

    6See 19 CFR 351.212(b)(1).

    We calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, or the importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.7

    7See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012); see also 19 CFR 351.106(c)(2).

    We intend to issue instructions to CBP 41 days after the date of publication of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 Camesa will be the rate established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1) (i.e., less than 0.50 percent), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, 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 the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.99 percent, the all-others rate established in the less-than-fair-value investigation.8 These requirements, when imposed, shall remain in effect until further notice.

    8See Prestressed Concrete Steel Rail Tie Wire From Mexico and the People's Republic of China: Antidumping Duty Orders, 79 FR 35727 (June 24, 2014).

    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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: March 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 2. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of Normal Value Based on Comparison Market Prices G. Currency Conversion V. Recommendation
    [FR Doc. 2016-05284 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-929] Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 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 small diameter graphite electrodes (graphite electrodes) from the People's Republic of China (PRC), covering the period February 1, 2014 through January 31, 2015. The Department has preliminarily determined that during the period of review (POR), the Fangda Group 1 and Fushun Jinly Petrochemical Co., Ltd. did not make sales of subject merchandise at less than normal value (NV). Interested parties are invited to comment on these preliminary results.

    1 We refer to the Fangda Group as a single entity pursuant to 19 CFR 351.401(f)(1). See Small Diameter Graphite Electrodes From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Affirmative Preliminary Determination of Critical Circumstances, in Part, 73 FR 49408, 49411-12 (August 21, 2008) (where we collapsed the individual members of the Fangda Group: Beijing Fangda Carbon Tech Co., Ltd., Chengdu Rongguang Carbon Co., Ltd., Fangda Carbon New Material Co., Ltd., Fushun Carbon Co., Ltd., and Hefei Carbon Co., Ltd.), unchanged in Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances: Small Diameter Graphite Electrodes from the People's Republic of China, 74 FR 2049 (January 14, 2009).

    DATES:

    Effective March 9, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dmitry Vladimirov or Michael A. Romani, 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) 482-0665 or (202) 482-0198, respectively.

    Scope of the Order

    The merchandise covered by the order includes all small diameter graphite electrodes with a nominal or actual diameter of 400 millimeters (16 inches) or less and graphite pin joining systems for small diameter graphite electrodes. Small diameter graphite electrodes and graphite pin joining systems for small diameter graphite electrodes that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8545.11.0010, 3801.10, and 8545.11.0020. While the HTSUS subheadings are 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 Preliminary Decision Memorandum.2

    2See memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Small Diameter Graphite Electrodes from the People's Republic of China” dated concurrently with this notice (Preliminary Decision Memorandum), which is hereby adopted by this notice.

    Tolling of Deadline of Preliminary Results of Review

    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.3

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

    Rescission of the Administrative Review in Part

    Pursuant to 19 CFR 351.213(d)(1), based on timely withdrawal of the requests for review, we are rescinding this administrative review with respect to 189 companies named in the Initiation Notice. 4 See Appendix II for a full list of these companies.

    4See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 18202 (April 3, 2015) (Initiation Notice). See also Preliminary Decision Memorandum at 4 for more details.

    Separate Rates

    The Department preliminarily determines that the Fangda Group, Fushun Jinly Petrochemical Carbon Co., Ltd. (Fushun Jinly), and Xuzhou Jianglong Carbon Products Co., Ltd. (Xuzhou Jianglong) are eligible to receive separate rates in this review.5

    5See Preliminary Decision Memorandum at 5-6 for more details.

    Separate Rate for an Eligible Non-Selected Company

    Consistent with our practice, because we have calculated zero or de minimis weighted-average dumping margins for both companies selected as mandatory respondents, the Fangda Group and Fushun Jinly, we assigned to an eligible non-selected company, Xuzhou Jianlong, the rate that we calculated for the Fangda Group in the 2012-2013 review as the separate rate for the preliminary results of this review.6

    6Id., at 7-8.

    PRC-Wide Entity

    The Department's change in policy regarding conditional review of the PRC-wide entity applies to this review.7 Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review, and the entity's rate of 159.64 percent is not subject to change.8 Aside from the separate rate companies discussed above, the Department is rescinding this review for all companies listed in the Initiation Notice and, as such, there are no remaining companies subject to the instant review that the Department considers to be part of the PRC-wide entity.

    7See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013).

    8See Small Diameter Graphite Electrodes from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 13825 (March 17, 2015).

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For the two mandatory respondents, the Fangda Group and Fushun Jinly, export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy (NME) within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the 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 https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/.

    Preliminary Results of Review

    The Department has determined that the following preliminary dumping margins exist for the period February 1, 2014, through January 31, 2015:

    Company Margin
  • (percent)
  • Fangda Group 0.00 Fushun Jinly Petrochemical Carbon Co., Ltd 0.00 Xuzhou Jianglong Carbon Products Co., Ltd 21.16
    Disclosure and Public Comment

    The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.9 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.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the cases briefs are filed.11

    9See 19 CFR 351.309(c).

    10See 19 CFR 351.309(c)(2).

    11See 19 CFR 351.309(d).

    Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.12 Hearing 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 review, including the results of its analysis of issues raised by parties in their comments, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1), unless extended.

    12See 19 CFR 351.310(c).

    Assessment Rates

    Upon issuing the final results of review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.13 If a respondent's weighted-average dumping margin is above de minimis (i.e., 0.5 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the Department will apply the assessment rate calculation method adopted in Final Modification for Reviews. 14 Where an importer- (or customer-) specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.15

    13See 19 CFR 351.212(b)(1).

    14See Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews).

    15See 19 CFR 351.106(c)(2).

    For all companies for which the review is being rescinded, the antidumping duty shall be assessed at the rate equal to the cash deposit of the estimated antidumping duty required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). We will instruct CBP accordingly.

    For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by the companies listed above that have separate rates, the cash deposit rate will be that established in the final results of review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    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.

    Dated: March 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum Summary Background Scope of the Order Rescission of Administrative Review in Part Discussion of the Methodology Non-Market Economy Country Status Separate Rates Rate for Non-Selected Company PRC-Wide Entity Surrogate Country Date of Sale Comparisons to Normal Value Export Price Normal Value Factor Valuations Use of Facts Available for Certain Factors of Production Currency Conversion Recommendation Appendix II 1. 5-Continent Imp. & Exp. Co., Ltd. 2. Acclcarbon Co., Ltd. 3. Allied Carbon (China) Co., Limited 4. Anssen Metallurgy Group Co., Ltd. 5. AMGL 6. Apex Maritime (Dalian) Co., Ltd. 7. Asahi Fine Carbon (Dalian) Co., Ltd. 8. Beijing International Trade Co., Ltd. 9. Beijing Kang Jie Kong Cargo Agent Expeditors (Tianjin Branch) 10. Beijing Xinchengze Inc. 11. Beijing Xincheng Sci-Tech. Development Inc. 12. Brilliant Charter Limited 13. Carbon International 14. Chang Cheng Chang Electrode Co., Ltd. 15. Chengde Longhe Carbon Factory 16. Chengdelh Carbonaceous Elements Factory 17. Chengdu Jia Tang Corp. 18. China Carbon Graphtie Group Inc. 19. China Industrial Mineral & Metals Group 20. China Shaanxi Richbond Imp. & Exp. Industrial Corp. Ltd. 21. China Xingyong Carbon Co., Ltd. 22. CIMM Group Co., Ltd. 23. Dalian Carbon & Graphite Corporation 24. Dalian Hongrui Carbon Co., Ltd. 25. Dalian Honest International Trade Co., Ltd. 26. Dalian Horton International Trading Co., Ltd. 27. Dalian LST Metallurgy Co., Ltd. 28. Dalian Oracle Carbon Co., Ltd. 29. Dalian Shuangji Co., Ltd. 30. Dalian Thrive Metallurgy Imp. & Exp. Co., Ltd. 31. Datong Carbon 32. Datong Carbon Plant 33. Datong Xincheng Carbon Co., Ltd. 34. Datong Xincheng New Material Co., Ltd. 35. Dechang Shida Carbon Co., Ltd 36. De Well Container Shipping Corp. 37. Dewell Group 38. Dignity Success Investment Trading Co., Ltd. 39. Double Dragon Metals and Mineral Tools Co., Ltd. 40. Fangda Carbon New Material and Technology Co., Ltd. 41. Fangda Lanzhou Carbon Joint Stock Company Co. Ltd. 42. Foset Co., Ltd. 43. Fushun Carbon Plant 44. Fushun Oriental Carbon Co., Ltd. 45. GES (China) Co., Ltd. 46. Grameter Shipping Co., Ltd. (Qingdao Branch) 47. Guangdong Highsun Yongye (Group) Co., Ltd. 48. Guanghan Shida Carbon Co., Ltd. 49. Haimen Shuguang Carbon Industry Co., Ltd. 50. Handan Hanbo Material Co., Ltd. 51. Hanhong Precision Machinery Co., Ltd. 52. Hebei Long Great Wall Electrode Co., Ltd. 53. Heico Universal (Shanghai) Distribution Co., Ltd. 54. Heilongjiang Xinyuan Carbon Co. Ltd. 55. Heilongjiang Xinyuan Carbon Products Co., Ltd. 56. Henan Sanli Carbon Products Co., Ltd. 57. Henan Sihai Import and Export Co., Ltd. 58. Hopes (Beijing) International Co., Ltd. 59. Huanan Carbon Factory 60. Hunan Mec Machinery and Electronics Imp. & Exp. Corp. 61. Hunan Yinguang Carbon Factory Co., Ltd. 62. Inner Mongolia QingShan Special Graphite and Carbon Co., Ltd. 63. Inner Mongolia Xinghe County Hongyuan Electrical Carbon Factory 64. Jiangsu Yafei Carbon Co., Ltd. 65. Jiaozuo Zhongzhou Carbon Products Co., Ltd. 66. Jichun International Trade Co., Ltd. of Jilin Province 67. Jiexiu Juyuan Carbon Co., Ltd. 68. Jiexiu Ju-Yuan & Coaly Co., Ltd. 69. Jilin Carbon Graphite Material Co., Ltd. 70. Jilin Carbon Import and Export Company 71. Jilin Songjiang Carbon Co Ltd. 72. Jinneng Group 73. Jinneng Group Co., Ltd. 74. Jinyu Thermo-Electric Material Co., Ltd. 75. JL Group 76. Kaifeng Carbon Company Ltd. 77. KASY Logistics (Tianjin) Co., Ltd. 78. Kimwan New Carbon Technology and Development Co., Ltd. 79. Kingstone Industrial Group Ltd. 80. L & T Group Co., Ltd. 81. Laishui Long Great Wall Electrode Co. Ltd. 82. Lanzhou Carbon Co., Ltd. 83. Lanzhou Carbon Import & Export Corp. 84. Lanzhou Hailong New Material Co. 85. Lanzhou Hailong Technology 86. Lanzhou Ruixin Industrial Material Co., Ltd. 87. Lianxing Carbon Qinghai Co., Ltd. 88. Lianxing Carbon Science Institute 89. Lianxing Carbon (Shandong) Co., Ltd. 90. Lianyungang Jinli Carbon Co., Ltd. 91. Lianyungang Jianglida Mineral Co., Ltd. 92. Liaoning Fangda Group Industrial Co., Ltd. 93. Liaoyang Carbon Co. Ltd. 94. Linghai Hongfeng Carbon Products Co., Ltd. 95. Linyi County Lubei Carbon Co., Ltd. 96. Maoming Yongye (Group) Co., Ltd. 97. MBI Beijing International Trade Co., Ltd. 98. Nantong Dongjin New Energy Co., Ltd. 99. Nantong Falter New Energy Co., Ltd. 100. Nantong River-East Carbon Co., Ltd. 101. Nantong River-East Carbon Joint Stock Co., Ltd. 102. Nantong Yangtze Carbon Corp. Ltd. 103. Nantong Yanzi Carbon Co. Ltd. 104. Oracle Carbon Co., Ltd. 105. Orient (Dalian) Carbon Resources Developing Co., Ltd. 106. Orient Star Transport International, Ltd. 107. Peixian Longxiang Foreign Trade Co. Ltd. 108. Pingdingshan Coal Group 109. Pudong Trans USA, Inc. (Dalian Office) 110. Qingdao Grand Graphite Products Co., Ltd. 111. Qingdao Haosheng Metals Imp. & Exp. Co., Ltd. 112. Quingdao Haosheng Metals & Minerals Imp. & Exp. Co., Ltd. 113. Qingdao Liyikun Carbon Development Co., Ltd. 114. Qingdao Likun Graphite Co., Ltd. 115. Qingdao Ruizhen Carbon Co., Ltd. 116. Qingdao Yijia E.T.I. I/E Co., Ltd. 117. Qingdao Youyuan Metallurgy Material Limited Company (China) 118. Ray Group Ltd. 119. Rex International Forwarding Co., Ltd. 120. Rt Carbon Co., Ltd. 121. Ruitong Carbon Co., Ltd. 122. Sea Trade International, Inc. 123. Seamaster Global Forwarding (China) 124. Shandong Basan Carbon Plant 125. Shandong Zibo Continent Carbon Factory 126. Shanghai Carbon International Trade Co., Ltd. 127. Shanghai GC Co., Ltd. 128. Shanghai Jinneng International Trade Co., Ltd. 129. Shanghai P.W. International Ltd. 130. Shanghai Shen-Tech Graphite Material Co., Ltd. 131. Shanghai Topstate International Trading Co., Ltd. 132. Shanxi Cimm Donghai Advanced Carbon Co., Ltd. 133. Shanxi Datong Energy Development Co., Ltd. 134. Shanxi Foset Carbon Co. Ltd. 135. Shanxi Jiexiu Import and Export Co., Ltd. 136. Shanxi Jinneng Group Co., Ltd. 137. Shanxi Yunheng Graphite Electrode Co., Ltd. 138. Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd. 139. Shida Carbon Group 140. Shijaizhuang Carbon Co., Ltd. 141. Shijiazhuang Huanan Carbon Factory 142. Sichuan 5-Continent Imp & Exp Co., Ltd. 143. Sichuan Dechang Shida Carbon Co., Ltd. 144. Sichuan GMT International Inc. 145. Sichuan Guanghan Shida Carbon Co., Ltd 146. Sichuan Shida Carbon Co., Ltd. 147. Sichuan Shida Trading Co., Ltd. 148. Sinicway International Logistics Ltd. 149. Sinosteel Anhui Co., Ltd. 150. Sinosteel Corp. 151. Sinosteel Jilin Carbon Co., Ltd. 152. Sinosteel Jilin Carbon Imp. & Exp. Co., Ltd. 153. Sinosteel Jilin Carbon Plant 154. Sinosteel Sichuan Co., Ltd. 155. SK Carbon 156. SMMC Group Co., Ltd. 157. Sure Mega (Hong Kong) Ltd. 158. Tangshan Kimwan Special Carbon & Graphite Co., Ltd. 159. Tengchong Carbon Co., Ltd. 160. T.H.I. Global Holdings Corp. 161. T.H.I. Group (Shanghai), Ltd. 162. Tianjin (Teda) Iron & Steel Trade Co., Ltd. 163. Tianjin Kimwan Carbon Technology and Development Co., Ltd. 164. Tianjin Yue Yang Industrial & Trading Co., Ltd. 165. Tianzhen Jintian Graphite Electrodes Co., Ltd. 166. Tielong (Chengdu) Carbon Co., Ltd. 167. UK Carbon & Graphite 168. United Carbon Ltd. 169. United Trade Resources, Inc. 170. Weifang Lianxing Carbon Co., Ltd. 171. World Trade Metals & Minerals Co., Ltd. 172. XC Carbon Group 173. Xinghe County Muzi Carbon Co., Ltd., a.k.a. Xinghe County Muzi Carbon Plant 174. Xinghe Xingyong Carbon Co., Ltd. 175. Xinghe Xinyuan Carbon Products Co., Ltd. 176. Xinyuan Carbon Co., Ltd. 177. Xuanhua Hongli Refractory and Mineral Company 178. Xuchang Minmetals & Industry Co., Ltd. 179. Xuzhou Carbon Co., Ltd. 180. Xuzhou Electrode Factory 181. Xuzhou Jianglong Carbon Manufacture Co., Ltd. 182. Yangzhou Qionghua Carbon Trading Ltd. 183. Yixing Huaxin Imp & Exp Co. Ltd. 184. Youth Industry Co., Ltd. 185. Zhengzhou Jinyu Thermo-Electric Material Co., Ltd. 186. Zibo Continent Carbon Factory 187. Zibo DuoCheng Trading Co., Ltd. 188. Zibo Lianxing Carbon Co., Ltd. 189. Zibo Wuzhou Tanshun Carbon Co., Ltd
    [FR Doc. 2016-05306 Filed 3-8-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; West Coast Region Permits Family of Forms—Southwest AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 9, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Shannon Penna, National Marine Fisheries Service (NMFS), West Coast Region (WCR) Long Beach Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802, (562) 980-4238 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for a revision and extension to the existing reporting requirements approved under OMB Control Number 0648-0204, West Coast Region Family of Forms. The West Coast Region (WCR) Permits Office administers permits required for persons to participate in Federally-managed fisheries off the West Coast under the Magnuson-Stevens Fishery Conservation and Management act, 16 U.S.C. 1801 et seq. There are three types of permits: Basic fishery permits for Highly Migratory Species (HMS), limited entry permits for Coastal Pelagic Species (CPS), and experimental fishing permits (EFP). The WCR Permits Office proposes to revise one permit within the collection of information approved under OMB Control Number 0648-0204.

    Currently, under 50 CFR part 660.707, HMS permits are issued to vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. Permits are issued for a 2-year term and remain valid until the first date of renewal. The Inter-American Tropical Tuna Commission (IATTC) adopted amended Resolution C-11-06 which requires a vessel on the IATTC regional vessel registry to add a photograph of the vessel showing its identifying vessel markings. NMFS proposed to revise OMB Control Number 0648-0204 to require new and renewing applicants to submit a vessel photo with their application. Owners can email or mail photographs to the Long Beach Permits Office, which in turn will be submitted to the IATTC vessel database manager. Online submission option is expected to be available through the National Permits System (NPS) by 2016 year-end.

    NMFS estimates this revision could affect up to 1639 respondents, which is the total number of permitted HMS vessels. Currently, HMS renewal forms are mailed to permit holders within 60 days prior to expiration. To reduce the expected burden from photo submission, pre-filled renewal forms with basic data will substitute the current renewal application. Forms can be completed by signing and dating a statement of acknowledgement that all current information is correct.

    The basic information collected from applicants will remain the same. There will be minimal expected public burden to submit photographs, which will not apply after the initial photo is submitted. There will be no additional burden beyond the estimated application processing time or recordkeeping/reporting costs.

    II. Method of Collection

    Forms are available on the Internet; paper applications are also available and may be submitted by mail to the Long Beach Permits Office. In addition, an online submission option is available for Highly Migratory Species through the National Permits System.

    III. Data

    OMB Control Number: 0648-0204.

    Form Number(s): None.

    Type of Review: Regular submission (revision and extension of a current information collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 1,475 (HMS), 65 (CPS).

    Estimated Time per Response: HMS permit renewal applications, 3 minutes; CPS transfers, 15 minutes; new HMS permits, 60 minutes; photo requirement, 30 minutes; additional information (when requested) for the CPS fishery, 1 hour; appeals, 2 hours.

    Estimated Total Annual Burden Hours: 206.

    Estimated Total Annual Cost to Public: $21,024.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 3, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-05227 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P.
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Fishery Observer Retention Survey AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 9, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Jane DiCosimo, NOAA Fisheries Office of Science and Technology, 1315 East-West Highway, SSMC3, Room 12551, Silver Spring, MD, 20910, (301) 427-8109 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for a new information collection.

    NOAA Fisheries utilizes observers to collect information on catch, bycatch, fishing efforts, biological characteristics, interactions with protected species, and socioeconomic information from United States (U.S.) commercial fishing and processing vessels. More information on the observer population is needed to support the Agency's conservation and management goals, to strengthen and improve fishery management decision-making, and to satisfy legal mandates under the Reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Regulatory Flexibility Act (RFA), the Endangered Species Act, and the National Environmental Policy Act (NEPA), Executive Order 12866 (EO 12866), and other pertinent statutes.

    The National Observer Program (NOP) is conducting a survey of fishery observers in order to investigate incentives and disincentives for remaining an observer and to identify their subsequent career choices. The data will be used by the NOP and regional observer programs to improve observer recruitment and retention rates. The survey results will be used by regional program managers to evaluate current observer provider contract requirements to increase observer retention. With a greater understanding of these data observer retention may increase as a result of improved recruitment for observers. Improved retention of qualified and experienced observers is expected to reduce training efforts and costs, and improve data quality. Observers are often the only independent data collection source for federal agency and scientists to collect at-sea data and are crucial in fishery management.

    II. Method of Collection

    Data will be collected via an electronic voluntary survey. We plan to distribute approximately 2000 surveys to the universe of active and former observers. The data will be collected anonymously and will not be released for public use, except in aggregate without identification as to its source.

    III. Data

    OMB Control Number: 0648-XXXX.

    Form Number(s): None.

    Type of Review: Regular (request for a new information collection).

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 600.

    Estimated Time per Response: 10 minutes.

    Estimated Total Annual Burden Hours: 100.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 3, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-05228 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE298 Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit; Correction AGENCY:

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

    ACTION:

    Notice; request for comments; correction.

    SUMMARY:

    This document corrects the ADDRESSSES section to the Notice and request for comments that was published on March 1, 2016, which contained the wrong docket number and hyperlink to the Federal e-Rulemaking Portal for electronic submission of public comments. This correction changes the hyperlink and docket number.

    DATES:

    Comments must be submitted in writing by March 31, 2016.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2016-0022, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0022, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments. EFP applications will be available under Relevant Documents through the same link.

    Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier “NOAA-NMFS-2016-0022” in the comments.

    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).

    FOR FURTHER INFORMATION CONTACT:

    Chris Fanning, NMFS, West Coast Region, 562-980-4198.

    SUPPLEMENTARY INFORMATION:

    Need for Correction

    The original notice (March 1, 2016; 81 FR 10593) contained the wrong docket identifier number and hyperlink to the Federal e-Rulemaking Portal for electronic submission of public comments. This correction changes the hyperlink and docket identifier number. This document corrects the ADDRESSES section so that all interested parties have the necessary information pertaining to the Federal e-Rulemaking Portal for electronic submission of public comments. In addition, we've included the new ADDRESSES section above, for clarity.

    Correction

    In a Notice published on March 1, 2016 (81 FR 10593), on page 10593, please make the following correction: In the second and third column, the first paragraph and first two bulleted items under the ADDRESSES heading are corrected to read as follows:

    “You may submit comments on this document, identified by NOAA-NMFS-2016-0022, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0022, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments. EFP applications will be available under Relevant Documents through the same link.

    Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier “NOAA-NMFS-2016-0022” in the comments.”

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 4, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-05271 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; West Coast Region Federal Fisheries Permits—Northwest AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 9, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Kevin Ford, (206) 526-6115 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for extension of a currently approved information collection.

    The Magnuson-Stevens Act (16 U.S.C. 1801) provides that the Secretary of Commerce is responsible for the conservation and management of marine fisheries resources in Exclusive Economic Zone (3-200 miles) of the United States (U.S.). NOAA Fisheries, Northwest Region manages the Pacific Coast Groundfish Fishery in the Exclusive Economic Zone (EEZ) off Washington, Oregon, and California under the Pacific Coast Groundfish Fishery Management Plan. The regulations implementing the Pacific Groundfish Fishery require that those vessels participating in the limited entry fishery to be registered to a valid limited entry permit. Participation in the fishery and access to a limited entry permit has been restricted to control the overall harvest capacity.

    NOAA Fisheries seeks comment on the extension of permit information collections required for: (1) Renewal and transfer of Pacific Coast Groundfish limited entry permits; (2) implementation of certain provisions of the sablefish permit stacking program as provided for at 50 CFR 660.231 and 660.25; and (3) issuing and fulfilling the terms and conditions of certain exempted fishing permits (EFPs).

    The regulations implementing the limited entry program are found at 50 CFR part 660, subpart G.

    Also, NOAA Fisheries requires an information collection to implement certain aspects of the sablefish permit stacking program which prevents excessive fleet consolidation. As part of the annual renewal process, NOAA Fisheries requires a corporation or partnership that owns or holds (as vessel owner) a sablefish endorsed permit to provide a complete ownership interest form listing all individuals with ownership interest in the entity. Similarly, any sablefish endorsed permit transfer involving registration of a business entity requires an ownership interest form if either the permit owner or vessel owner is a corporation or partnership. This information is used to determine if individuals own or hold sablefish permits in excess of the limit of 3 permits. Also, for transfer requests made during the sablefish primary season (April 1st through October 31st), the permit owner is required to report the remaining tier pounds not yet harvested on the sablefish endorsed permit at the time of transfer.

    Applicants for an exempted fishing permit (EFP) must submit written information that allows NOAA Fisheries and the Pacific Fishery Management Council to evaluate the proposed exempted fishing project activities and weigh the benefits and costs of the proposed activities. The Council makes a recommendation on each EFP application and for successful applicants, NOAA Fisheries issues the EFPs which contains terms and conditions for the project including various reporting requirements. The information included in an application is specified at 50 CFR 600.745(b)(2) and the Council Operating Procedure #19. Permit holders are required to file preseason harvest plans, interim and/or final summary reports on the results of the project and in some cases individual vessels and other permit holders are required to provide data reports (logbooks and/or catch reports The results of EFPs are commonly used to explore ways to reduce effort on depressed stocks, encourage innovation and efficiency in the fishery, provide access to constrained stocks which directly measuring the bycatch associated with such strategies and evaluate/revise current and proposed management measures.

    II. Method of Collection

    Renewal forms are mailed to all permit owners and they must submit by mail or in person. Ownership interest forms and permit transfer forms are available from the region's Web site but must be submitted to NOAA Fisheries by mail or in person. Applications for an exempted fishing permit must be submitted in a written format. The exempted fishing permit data reports may be submitted in person, faxed, submitted by telephone or emailed by the monitor, plant manager, vessel owner or operator to NOAA Fisheries or the states of Washington, Oregon, or California.

    III. Data

    OMB Control Number: 0648-0203.

    Form Number: None.

    Type of Review: Regular submission (extension of a currently approved collection).

    Affected Public: Non-profit institutions, State, local, or tribal government; business or other for-profit organizations.

    Estimated Number of Annual Respondents: 536.

    Estimated Time per Response: Permit renewals, 20 minutes; Permit transfers, 30 minutes; Sablefish ownership interest form, 10 minutes ; EFP Applications, 32 hours; EFP Trip Notifications 2 minutes; EFP Harvest Plans: 16 hours; EFP Data Reports: 2 hours;; EFP Summary Reports: interim report, 4 hours; final report, 20 hours.

    Estimated Total Annual Burden Hours: 983.

    Estimated Total Annual Cost to Public: $56,247.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 3, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-05226 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE448 Notice of Availability of a Draft Environmental Assessment for Oil and Gas Activities in Cook Inlet, Alaska in 2016 AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The National Marine Fisheries Services announces the availability of a Draft Environmental Assessment (EA) to analyze the environmental impacts of issuing annual Incidental Take Authorizations (ITAs) pursuant to the Marine Mammal Protection Act (MMPA) for the taking of marine mammals incidental to oil and gas activities in Cook Inlet, AK during 2016. The Draft EA is available for review and comment at: http://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm.

    DATES:

    Comments and information must be received no later than March 28, 2016.

    ADDRESSES:

    Comments on the Draft EA should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is [email protected] Comments sent via email, including all attachments, must not exceed a 25-megabyte file size. NMFS is not responsible for comments sent to addresses other than those provided here.

    Instructions: All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

    An electronic copy of the Draft EA may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

    FOR FURTHER INFORMATION CONTACT:

    Sara Young, Office of Protected Resources, NMFS, (301) 427-8484.

    SUPPLEMENTARY INFORMATION:

    On August 12, 2015, NMFS published a Notice of Intent to prepare a Programmatic Environmental Assessment on the Issuance of Incidental Take Authorizations in Cook Inlet, Alaska in 2016 (80 FR 48299), to help NMFS assess the effects of multiple one-year incidental take authorizations and consider mitigation and monitoring measures in the context of the multiple activities. In furtherance of that goal NMFS requested applicants for ITAs to submit their applications by October 1 of the year preceding the requested ITA year. NMFS received applications for ITAs from ExxonMobil Alaska LNG LLC (see 81 FR 6376, February 5, 2016) (Notice of Proposed Incidental Harassment Authorization); SAExploration Inc.; and BlueCrest Alaska Operating LLC. Potential impacts from these actions are assessed in the Draft EA available at the above web address.

    On February 5, 2016, NMFS published a Proposed Issuance of an Incidental Take Authorization for ExxonMobil Alaska LNG LLC (see 81 FR 6376, February 5, 2016), which stated that the Draft EA would be available for review concurrently with the proposed Authorization. The Draft EA was not available for the majority of the public comment period of the proposed Authorization. Due to the delay in making the Draft EA publically available, NMFS will be accepting public comment on the Draft EA until March 28, 2016.

    Dated: March 3, 2016. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-05236 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Southeast Region Logbook Family of Forms AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 9, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Dr. David Gloeckner, (305) 361-4257 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for extension of a current information collection.

    Participants in most Federally-managed fisheries in the Southeast Region are currently required to keep and submit catch and effort logbooks from their fishing trips. A subset of these vessels also provide information on the species and quantities of fish, shellfish, marine turtles, and marine mammals that are caught and discarded or have interacted with the vessel's fishing gear. A subset of these vessels also provide information about dockside prices, trip operating costs, and annual fixed costs.

    The data are used for scientific analyses that support critical conservation and management decisions made by national and international fishery management organizations. Interaction reports are needed for fishery management planning and to help protect endangered species and marine mammals. Price and cost data will be used in analyses of the economic effects of proposed regulations.

    II. Method of Collection

    The information is submitted on paper forms. Logbooks are completed daily and submitted on either a by trip or monthly basis, depending on the fishery. Fixed costs are submitted on an annual basis. Other information is submitted on a trip basis.

    III. Data

    OMB Control Number: 0648-0016.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a current information collection).

    Affected Public: Business or other for-profit organizations; individuals or households.

    Estimated Number of Respondents: 3,634.

    Estimated Time per Response: Annual fixed-cost reports, 30 minutes; Colombian fishery logbooks, 18 minutes; discard logbooks, 15 minutes; headboat, golden crab, reef fish-mackerel, economic cost/trip, wreckfish, and shrimp logbooks, 10 minutes; no-fishing responses for golden crab, reef fish-mackerel, charterboat, wreckfish and Colombian fisheries, 2 minutes.

    Estimated Total Annual Burden Hours: 17,038.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 3, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-05229 Filed 3-8-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Community BroadbandUSA Connectivity Initiative Workshop AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice of open meetings.

    SUMMARY:

    The National Telecommunications and Information Administration (NTIA), through the BroadbandUSA program, will hold a half-day workshop on March 22, 2016, to engage stakeholders in developing meaningful measures for community broadband access, adoption, policy and use as part of its efforts to develop the Community Connectivity Initiative. The Community Connectivity Initiative will provide a framework to enable local leaders to better assess their community connectivity and strengthen efforts to align broadband technology with local policies and priorities. The Community Connectivity Initiative will include a tool for helping communities assess their broadband readiness. Stakeholder participation is critical to the design and implementation of the self-assessment tool. NTIA will convene this workshop to provide opportunities for participants to share insights and suggestions on the design of the program. NTIA also announces two webinars to provide additional information on the Community Connectivity Initiative.

    DATES:

    The Community Connectivity Initiative Workshop will be held on March 22, 2016, from 8:30 a.m. to 12:00 noon, Pacific Daylight Time. The first webinar will be held on March 24, 2016, from 2:00 p.m. to 3:00 p.m., Eastern Daylight Time. The second webinar will be held on April 12, 2016, from 2:00 p.m. to 3:00 p.m., Eastern Daylight Time.

    ADDRESSES:

    The Workshop will be held in the Chief Seattle Conference Room of the Federal Office Building (FOB), 909 1st Avenue, Seattle, WA 98174. Individuals are subject to security screening in order to enter the building.

    FOR FURTHER INFORMATION CONTACT:

    Barbara Brown, National Telecommunications and Information Administration, U.S. Department of Commerce, Room 4889, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 280-8260; email: [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    NTIA's BroadbandUSA program provides expert advice and field-proven tools for assessing broadband adoption, planning new infrastructure and engaging a wide range of partners in broadband projects. BroadbandUSA convenes workshops on a regular basis to bring stakeholders together to discuss ways to improve broadband policies, share best practices, and connect communities to other federal agencies and funding sources for the purpose of expanding broadband infrastructure and adoption throughout America's communities.

    The Community Connectivity Initiative is a recommendation of the Broadband Opportunity Council, an inter-agency working group established by the White House in 2015 “to use all available and appropriate authorities to: Identify and address regulatory barriers that may unduly impede either wired broadband deployment or the infrastructure to augment wireless broadband deployment; encourage further public and private investment in broadband networks and services; promote the adoption and meaningful use of broadband technology; and otherwise encourage or support broadband deployment, competition, and adoption in ways that promote the public interest.”

    The workshop and webinars will be open to the public and press. Space is limited and available on a first-come, first-serve basis. Online registration is available for both the in-person workshop on March 22, 2016, and the webinars on March 24, 2016, and April 12, 2016, at https://www.eventbrite.com/e/community-connectivity-workshop-tickets-22458391654. NTIA asks registrants to provide their first and last names and email addresses for both registration purposes and to receive any updates on the Community Connectivity Initiative. If capacity for the workshop is reached, NTIA will maintain a waiting list and will inform those on the waiting list if space becomes available. Additional information about these events as well as meeting updates, changes in the agenda, if any, and relevant documents will be available on NTIA's Web site at https://www.ntia.doc.gov/other-publication/2016/nwcommunityinitiativeworkshop.

    The workshop and webinars are accessible to people with disabilities. Individuals requiring accommodations, such as language interpretation or other ancillary aids, are asked to notify Barbara Brown at the contact information listed above at least five (5) business days before the meeting.

    Dated: March 4, 2016. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration.
    [FR Doc. 2016-05261 Filed 3-8-16; 8:45 am] BILLING CODE 3510-60-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office Privacy Act of 1974; System of Records ACTION:

    Notice of revised Prefatory Statement of General Routine Uses.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (“USPTO” or “the Agency”) seeks to revise the Prefatory Statement of General Routine Uses (“prefatory statement”) published in the Federal Register on December 31, 1981 (46 FR 63501-63502). This action is being taken to update the language in several existing uses as well as to integrate new uses.

    DATES:

    Written comments on the proposed prefatory statement revisions should be sent on or before April 18, 2016. The prefatory statement as revised below will become effective as of the above date unless the USPTO receives comments that would result in a contrary determination.

    ADDRESSES:

    Written comments may be submitted by any of the following methods:

    Email: [email protected] Include “USPTO Prefatory Statement—Comment” in the subject line of the message.

    Federal Rulemaking Portal: http://www.regulations.gov.

    Mail: Marcie Lovett, Director, Records Management Division, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    SUPPLEMENTARY INFORMATION:

    The USPTO is giving notice of proposed revisions to the Agency's Prefatory Statement of General Routine Uses. The revisions update the language in multiple uses to remove outdated references and terms, restructure existing uses for clarity and brevity, and add routine uses designed to cover new technological uses (e.g. disclosures following system data breaches) and relevant uses not present in the previous prefatory statement (e.g. disclosures to state bar organizations). The following routine uses apply to, and are incorporated by reference into, each system of records utilized by the United States Patent and Trademark Office that is created or revised following the publication of this notice.

    Prefatory Statement of General Routine Uses

    A record from the referencing system of records may be disclosed, as a routine use, to:

    1. A Federal, state, local, or foreign agency in the event that the system of records indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by (1) general statute or particular program statute or contract, (2) rule, regulation, or order issued pursuant thereto, or (3) the necessity to protect an interest of the Agency. The agency receiving the record(s) must be charged with the responsibility of investigating or prosecuting such violations or with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto, or protecting the interest of the Agency.

    2. A Federal, state or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an Agency decision concerning (1) the assignment, hiring, or retention of an individual, (2) the issuance of a security clearance, (3) the letting of a contract, or (4) the issuance of a license, grant, or other benefit.

    3. A court, magistrate, or administrative tribunal during the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations.

    4. A Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.

    5. The medical advisor of any individual who submits a request for access to a record which contains medical information under the Act and 37 CFR part 102 Subpart B if, in the sole judgment of the Agency, disclosure would not have an adverse effect upon the individual, under the provision of 5 U.S.C. 552a(f)(3) and implementing regulations at 37 CFR part 102 Subpart B.

    6. Professional organizations or associations with which individuals covered by this system of records may be affiliated, such as state bar disciplinary authorities, to meet their responsibilities in connection with the administration and maintenance of standards of conduct and discipline.

    7. The Office of Management and Budget (OMB), in connection with the review of private relief legislation as set forth in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process.

    8. The Department of Justice (DOJ), in connection with determining whether disclosure thereof is required by the Freedom of Information Act (5 U.S.C. 552).

    9. Contractors, agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other work assignment for the Agency who have need for information from the system of records:

    a. In the course of operating or administrating the system of records;

    b. In the course of fulfilling an agency function, but only to the extent necessary to fulfill that function; or

    c. In order to fulfill their contract(s), but who do not operate the system of records within the meaning of 5 U.S.C. 552a(m).

    10. The Office of Personnel Management (OPM), for personnel research purposes, as a data source for management information, for the production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related manpower studies.

    11. The Administrator of the National Archives and Records Administration (NARA), or said administrator's designee, during an inspection of records conducted by NARA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with NARA regulations governing inspection of records for this purpose, and any other relevant directive. Such disclosure shall not be used to make determinations about individuals.

    12. Appropriate agencies, entities, or persons when (1) the Agency suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Agency has determined that, as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Agency or another agency or entity) that rely upon the compromised information; and (3) such disclosure is reasonably necessary to assist in connection with the Agency's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    13. Any component of the Department of Justice for the purpose of representing the Agency, or any employee of the Agency, in pending or potential litigation to which the record is pertinent.

    Dated: March 3, 2016. Marcie Lovett, Records Management Division Director, OCIO, United States Patent and Trademark Office.
    [FR Doc. 2016-05256 Filed 3-8-16; 8:45 am] BILLING CODE 3510-16-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION Credit Union Advisory Council Meeting AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice sets forth the announcement of a public meeting of the Credit Union Advisory Council (CUAC or Council) of the Consumer Financial Protection Bureau (Bureau). The notice also describes the functions of the Council. Notice of the meeting is permitted by Section 9 of the CUAC Charter and is intended to notify the public of this meeting. Specifically, Section 9(d) of the CUAC Charter states:

    (1) Each meeting of the Council shall be open to public observation, to the extent that a facility is available to accommodate the public, unless the Bureau, in accordance with paragraph (4) of this section, determines that the meeting shall be closed. The Bureau also will make reasonable efforts to make the meetings available to the public through live recording. (2) Notice of the time, place and purpose of each meeting, as well as a summary of the proposed agenda, shall be published in the Federal Register not more than 45 or less than 15 days prior to the scheduled meeting date. Shorter notice may be given when the Bureau determines that the Council's business so requires; in such event, the public will be given notice at the earliest practicable time. (3) Minutes of meetings, records, reports, studies, and agenda of the Council shall be posted on the Bureau's Web site (www.consumerfinance.gov). (4) The Bureau may close to the public a portion of any meeting, for confidential discussion. If the Bureau closes a meeting or any portion of a meeting, the Bureau will issue, at least annually, a summary of the Council's activities during such closed meetings or portions of meetings.

    DATES:

    The meeting date is Thursday, March 24, 2016, 3 p.m. to 4:30 p.m. eastern daylight time.

    ADDRESSES:

    The meeting location is the Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002.

    FOR FURTHER INFORMATION CONTACT:

    Crystal Dully, Outreach and Engagement Associate, 202-435-9588, [email protected], Consumer Advisory Board and Councils Office, External Affairs, 1275 First Street NE., Washington, DC 20002.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 2 of the CUAC Charter provides: “Pursuant to the executive and administrative powers conferred on the Consumer Financial Protection Bureau (CFPB or Bureau) by Section 1012 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Director established the Credit Union Advisory Council to consult with the Bureau in the exercise of its functions under the federal consumer financial laws as they pertain to credit unions with total assets of $10 billion or less.”

    Section 3 of the CUAC Charter states: “(a) The CFPB supervises depository institutions and credit unions with total assets of more than $10 billion and their respective affiliates, but other than the limited authority conferred by § 1026 of the Dodd-Frank Act, the CFPB does not have supervisory authority regarding credit unions and depository institutions with total assets of $10 billion or less. As a result, the CFPB does not have regular contact with these institutions, and it would therefore be beneficial to create a mechanism to ensure that their unique perspectives are shared with the Bureau. Small Business Regulatory Enforcement Fairness Act (SBREFA) panels provide one avenue to gather this input, but participants from credit unions must possess no more than $175 million in assets, which precludes the participation of many. (b) The Advisory Council shall fill this gap by providing an interactive dialogue and exchange of ideas and experiences between credit union employees and Bureau staff. (c) The Advisory Council shall advise generally on the Bureau's regulation of consumer financial products or services and other topics assigned to it by the Director. To carry out the Advisory Council's purpose, the scope of its activities shall include providing information, analysis, and recommendations to the Bureau. The output of Advisory Council meetings should serve to better inform the CFPB's policy development, rulemaking, and engagement functions.”

    II. Agenda

    The Credit Union Advisory Council will discuss the CFPB strategic outlook and elder financial abuse. Persons who need a reasonable accommodation to participate should contact [email protected], 202-435-9EEO, 1-855-233-0362, or 202-435-9742 (TTY) at least ten business days prior to the meeting or event to request assistance. The request must identify the date, time, location, and title of the meeting or event, the nature of the assistance requested, and contact information for the requester. CFPB will strive to provide, but cannot guarantee that accommodation will be provided for late requests.

    Individuals who wish to attend the Credit Union Advisory Council meeting must RSVP to [email protected] by noon, Wednesday, March 23, 2016. Members of the public must RSVP by the due date and must include “CUAC” in the subject line of the RSVP.

    III. Availability

    The Council's agenda will be made available to the public on Wednesday, March 9, 2016, via consumerfinance.gov. Individuals should express in their RSVP if they require a paper copy of the agenda.

    A recording and transcript of this meeting will be available after the meeting on the CFPB's Web site consumerfinance.gov.

    Dated: March 4, 2016. Christopher D'Angelo, Chief of Staff, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-05253 Filed 3-8-16; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2016-0012] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Equal Access to Justice Act.”

    DATES:

    Written comments are encouraged and must be received on or before May 9, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Equal Access to Justice Act.

    OMB Control Number: 3170-0040.

    Type of Review: Extension without change of a currently approved collection.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 3.

    Estimated Total Annual Burden Hours: 15.

    Abstract: The Equal Access to Justice Act (the Act) provides for payment of fees and expenses to eligible parties who have prevailed against the Bureau in certain administrative proceedings. In order to obtain an award, the statute and associated regulations (12 CFR part 1071) require the filing of an application that shows that the party is a prevailing party and is eligible to receive an award under the Act. The Bureau regulations implementing the Act require the collection of information related to the application for an award in 12 CFR part 1071, subparts B, C.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

    Dated: March 3, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-05188 Filed 3-8-16; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2016-0008] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Policy to Encourage Trial Disclosure Programs; Information Collection.”

    DATES:

    Written comments are encouraged and must be received on or before May 9, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Policy to Encourage Trial Disclosure Programs; Information Collection.

    OMB Control Number: 3170-0039.

    Type of Review: Extension without change of an existing information collection.

    Affected Public: Businesses and other for-profit entities.

    Estimated Number of Respondents: 10.

    Estimated Total Annual Burden Hours: 100.

    Abstract: In subsection 1032(e) of the Dodd-Frank Act, 12 U.S.C. 5532(e), Congress gave the Bureau authority to provide certain legal protections to companies to conduct trial disclosure programs. This authority can be used to help further the Bureau's statutory objective, stated in subsection 1021(b)(5) of the Act, to “facilitate access and innovation” in the “markets for consumer financial products and services.” There are two main purposes for the use of these eligibility criteria. First, the specific criteria are intended to help the Bureau identify trial disclosure proposals that hold the potential to demonstrate improvements in disclosure to consumers, while controlling appropriately for risks to consumers. Second, by using standardized criteria across all submitters, the Bureau will be better placed to assess the merits of different proposals relative to each other.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

    Dated: March 1, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-05183 Filed 3-8-16; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2016-0009] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Generic Information Collection Plan for Qualitative Consumer Education and Engagement Information Collections.”

    DATES:

    Written comments are encouraged and must be received on or before March 9, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Generic Information Collection Plan for Qualitative Consumer Education and Engagement Information Collections.

    OMB Control Number: 3170-0036.

    Type of Review: Extension without change of a currently approved collection.

    Affected Public: Individual or households; State, Local, or Tribal governments; Private Sector.

    Estimated Number of Annual Respondents: 4,000.

    Estimated Total Annual Burden Hours: 2,000.

    Abstract: Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, Section 1013(d), the Bureau's Office of Financial Education is responsible for developing and implementing initiatives intended to educate and empower consumers to make better informed financial decisions. The Bureau seeks to obtain approval of a generic information collection plan to collect qualitative data on effective strategies and consumer experiences from both financial education practitioners and consumers through a variety of methods, including in-person meetings, interviews, focus groups, qualitative surveys, online discussion forums, social media polls, and other qualitative methods as necessary. The information collected through these processes will increase the Bureau's understanding of consumers' financial experiences, financial education and empowerment programs, and practices that can improve financial decision-making skills and outcomes for consumers. This information will also enable the Bureau to better communicate to consumers about the availability of Bureau tools and resources that consumers can use to make better informed financial decisions.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

    Dated: March 3, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-05179 Filed 3-8-16; 8:45 am] BILLING CODE 4810-AM-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB-2016-0010] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Consumer Attitudes, Understanding, and Behaviors with Respect to Financial Services and Products.”

    DATES:

    Written comments are encouraged and must be received on or before April 8, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    OMB: Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503 or fax to (202) 395-5806. Mailed or faxed comments to OMB should be to the attention of the OMB Desk Officer for the Bureau of Consumer Financial Protection. Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.reginfo.gov (this link active on the day following publication of this notice). Select “Information Collection Review,” under “Currently under review, use the dropdown menu “Select Agency” and select “Consumer Financial Protection Bureau” (recent submissions to OMB will be at the top of the list). The same documentation is also available at http://www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this email box.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Consumer Attitudes, Understanding, and Behaviors with Respect to Financial Services and Products.

    OMB Control Number: 3170-0034.

    Type of Review: Extension with change of a currently approved collection.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 5,000.

    Estimated Total Annual Burden Hours: 1,500.

    Abstract: This information collection helps the Bureau establish a public opinion survey to measure and track consumer attitudes, beliefs, and behaviors as they navigate financial decisions. In this regard, it helps the Bureau target its efforts and those of its partners to those areas that will have the most impact on both consumers and financial markets.

    Request for Comments: The Bureau issued a 60-day Federal Register notice on December 7, 2015(80 FR 75999). Comments were solicited and continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

    Dated: March 3, 2016. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2016-05255 Filed 3-8-16; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare an Environmental Impact Statement for the San Diego County Shoreline Feasibility Study, Oceanside, San Diego County, CA AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DOD.

    ACTION:

    Notice of Intent.

    SUMMARY:

    The Los Angeles District of the U.S. Army Corps of Engineers (USACE) will prepare a Draft Environmental Impact Statement (DEIS) to support the San Diego County Shoreline Feasibility Study, Oceanside, San Diego County California. The Study Area extends approximately 15 miles along the coast, from about 9 miles north of the Oceanside Harbor north breakwater to the Agua Hedionda Lagoon north jetty, within the cities of Oceanside and Carlsbad in northwest San Diego County. The project environment includes predominantly beach, coastal strand, and/or marine inter-tidal/littoral/pelagic zones.

    The predominant problem that threatens the shoreline is continual beach erosion averaging over 6 feet per year in some areas, despite the considerable amount of beach fill deposited on an annual basis. Causes for this erosion has been attributed to sediment impoundment due to harbor construction, dam construction, storm damage, and river sand mining.

    The loss of beach width and increased exposure of property has resulted in increased coastal damage, safety issues, and loss of recreation opportunities. This feasibility study will focus on addressing the problems and needs caused by beach erosion. The DEIS will analyze the potential impacts (beneficial and adverse) on the environment for the range of alternatives, including the recommended plan.

    The Los Angeles District and the City of Oceanside will cooperate in conducting this Feasibility Study.

    The Los Angeles District intends to prepare an Environmental Impact Statement (EIS) to support a feasibility study with the city of Oceanside, California, for shoreline protection. The purpose of the feasibility study is to mitigate for impacts from construction of the Camp Pendleton Harbor and reduce coastal storm damages in the city of Oceanside. The EIS will analyze potential impacts of the recommended plan and a range of alternatives. Alternatives will include both structural and non-structural measures.

    ADDRESSES:

    You may submit your concerns in writing to the Los Angeles District at the address below. Comments, suggestions, and requests to be placed on the mailing list for announcements should be sent to Lawrence Smith, U.S. Army Corps of Engineers, Los Angeles District, 915 Wilshire Boulevard, Suite 930, Los Angeles, CA 90017-3401, or email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For further information contact Mr. Larry Smith, Project Environmental Coordinator, (213) 452-3846.

    SUPPLEMENTARY INFORMATION:

    Authorization: This Feasibility Study was authorized by the House Public Works and Transportation Committee Resolution adopted April 30,1992 which states: “Resolved by the Committee on Public Works and Transportation of the United States House of Representatives, that in accordance with Section 110 of the River and Harbor Act of 1962, the Secretary of the Army, acting through the Chief of Engineers, is requested to investigate the feasibility of providing shore protection improvements along the shores of the City of Oceanside, San Diego County, California, in the interest of shoreline protection and storm damage reduction and other related purposes.”

    Specific language was included in the Water Resources Development Act of 2000 (WRDA 2000) directing the Corps of Engineers to undertake a study of how to mitigate erosion and other impacts caused by the construction of Camp Pendleton Harbor, and restore beaches to pre-construction conditions at full Federal expense. The authority states, “Not later than 32 months after the date of enactment of this Act, the Secretary shall conduct a study, at Federal expense, of plans (1) to mitigate for the erosion and other impacts resulting from the construction of Camp Pendleton Harbor, Oceanside, California, as a wartime measure; and (2) to restore beach conditions along the affected public and private shores to the conditions that existed before the construction of Camp Pendleton Harbor.” This authority was amended in WRDA 2007 to extend the study to 44 months.

    Study Area: The study area extends approximately 15 miles along the coast, from about 9 miles north of the Oceanside Harbor North Breakwater to the Agua Hedionda Lagoon North Jetty, within the cities of Oceanside and Carlsbad in northwest San Diego County.

    Problems and Needs: During the 1880's Oceanside Beach was approximately 90 meters wide. This shoreline width was further advanced in the floods of 1889, 1891, and 1916 bringing large volumes of sediment from the San Luis Rey and Santa Margarita Rivers. The City used the widened beach as a resource, and in 1927 a recreational pier, beachfront, strand, parking lots and houses were constructed in front of the seacliff. During this period a dam was also constructed on the San Luis Rey River to control flooding. At the start of the U.S. involvement in World War II, the U.S. Marine Corps designed and contracted construction of a small boat basin in a narrow lagoon between the Santa Margarita and San Luis Rey Rivers to support an amphibious training base. This included four jetties, which were later extended. Another dam was constructed on the Santa Margarita River to control flooding in 1949.

    The presence of the coastal structures, such as jetties and breakwaters, has resulted in the disruption of sediment transport, creating a variety of localized shoreline effects. Sediment tends to accumulate at the beach north of the harbor, within the harbor entrance, and south of the harbor south jetty. However, erosion tends to occur south of the harbor. Damages reported by residents consist mainly of inundation damages and damages to revetment. These damages occur when storm wave conditions coincide with high tidal elevations, storm surges, or increased ENSO (El Niño Southern Oscillation) water levels which cause elevated sea surfaces and higher wave run-up elevations. The majority of damages in Oceanside occurred during storms in 1977-1978, 1982-83, 1988, 1993-1994, and 1997-1998. In addition to high waves and water surface elevations, damage is enabled by shoreline erosion and beach retreat exposing structures to wave attack. Oceanside has historically experienced a narrow beach, but has recently undergone accelerated erosion. A large volume of material has been placed back on the beach during construction and maintenance dredging, but a deficit in sand for the beach still exists. The average rate of recession near Oceanside Beach from 1940-1999 is approximately 3.5 ft./yr. Studies have shown that problems are caused by a combination of measures in the nearby rivers (including flood control measures and sand mining), which reduces sediment nourishment, along with the construction of the harbor, which limits longshore sediment transport. In 1974, the USACE issued a position paper on beach erosion that tentatively indicated that the harbor was the primary cause of erosion. A Notice of Intent to prepare an EIS was originally published in the Federal Register on May 31, 2002. The Los Angeles District has elected to republish and to hold a new public Scoping Meeting to allow members of the public to provide input into the scoping of the proposed EIS and the alternatives formulation process.

    Proposed Action and Alternatives: The Feasibility Study will focus on the problems and needs caused by beach erosion. In general, alternative plans will focus on reducing the beach erosion and improving sand accumulation through either construction or management project features such as groins, reefs, and/or beach nourishment.

    The primary undesirable impacts of concern from any of the alternatives will likely be related to temporary turbidity and displacement of sand dwelling organisms and their predators. These will be addressed in the study as part of the plan formulation of the Feasibility Study, and potential impacts will be analyzed in the DEIS.

    Previous Actions: Annual maintenance dredging of the entrance into Oceanside Harbor with placement on area beaches south of the San Luis Rey River.

    Scoping: Participation of all interested Federal, State, and County agencies; groups with environmental interests; and any interested individuals is encouraged. Public involvement will be most beneficial and worthwhile in identifying the scope of pertinent, significant environmental issues to be addressed; identifying and eliminating from detailed study issues that are not significant; offering useful information such as published or unpublished data; providing direct personal experience or knowledge which informs decision making; and recommending suitable mitigation measures to offset potential impacts from the proposed action or alternatives.

    Two public scoping meetings will be held in the City of Oceanside on March 17, 2016 at 3:00 and 5:30 p.m. The public scoping meeting will be held at Council Chambers at City Hall; 300 North Coast Highway; Oceanside, CA 92054. The purpose of the scoping meeting will be to gather information from the general public or interested organizations about issues and concerns that they would like to see addressed in the DEIS. Comments may be delivered in writing or verbally at the meeting or sent in writing to the Los Angeles District at the address given above. All comments enter into the public record. Comments should be submitted no later than May 1, 2016.

    Availability of the Draft EIS: The Draft EIS is scheduled to be published and circulated in late 2016, and a public hearing to receive comments on the Draft EIS will be held after it is published.

    Dated: February 24, 2016. Kirk E. Gibbs, Colonel, U.S. Army, Commander and District Engineer.
    [FR Doc. 2016-05171 Filed 3-8-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF EDUCATION Announcement of Requirements and Registration for the Career and Technical Education Makeover Challenge AGENCY:

    Office of Career, Technical, and Adult Education, Department of Education.

    ACTION:

    Notice; public challenge.

    SUMMARY:

    The U.S. Department of Education (the Department) is announcing the Career and Technical Education (CTE) Makeover Challenge (the Challenge), a prize competition funded by the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV or Act). The Challenge calls upon eligible high schools to design models of makerspaces that strengthen career and technical skills through making (models of CTE makerspaces). For the purposes of this notice, (1) “makerspace,” a formalized space for making, is an environment and facility that provides resources, materials, and equipment for students to conceive, create, collaborate, and learn through making; and (2) “making” refers to a hands-on learning approach that encourages students to imagine, create, tinker, and learn through the process of manufacturing, testing, and demonstrating their ideas. Through making, CTE educators enable students to immerse themselves in problem-solving and the continuous refinement of their products while learning essential 21st-century career skills, such as critical thinking, planning, and communication. The Department is seeking models of CTE makerspaces across a wide range of facility types, such as classrooms, libraries, and mobile spaces, that it can share with educators to encourage the creation of affordable, scalable, and replicable makerspaces.

    DATES:

    We must receive your submission on or before April 1, 2016.

    The Department will determine timeframes for judging first and second round submissions, as well as the date that award recipients are announced. The Department will conduct at least one online information session during the first round submission phase of the Challenge. The date of the session will be determined and announced by the Department, posted on www.CTEMakeoverChallenge.com (Challenge Web page), and sent to entrants by email. The dates for Challenge events will be determined and announced by the Department.

    ADDRESSES:

    Submit entries for the CTE Makeover Challenge on www.CTEMakeoverChallenge.com.

    FOR FURTHER INFORMATION CONTACT:

    Albert Palacios, U.S. Department of Education, 550 12th Street SW., Room 11086, Washington, DC 20202 or by email: [email protected]

    If you use a telecommunications device for the deaf or a text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Administration of the Challenge Competition

    The CTE Makeover Challenge is being conducted by the U.S. Department of Education (Department). Luminary Labs, L.L.C. (Luminary Labs), has been contracted by the Department to assist and support the Department in organizing and managing this competition. Activities conducted by Luminary Labs may also include providing technical assistance to potential entrants, entrants, and schools selected to proceed to the CTE Makeover Bootcamp phase of the Challenge based on the criteria described in the CTE Makeover Eligibility Criteria section of this notice.

    II. Subject of Challenge Competition

    CTE is an essential component of developing a more competitive workforce. As technology becomes a critical component of an increasing number of jobs, education providers (or educational institutions) must adapt to prepare students for 21st century careers. Growth industries, including robotics, medical devices, mobile applications, consumer technology, sustainable development, and many more, all point to an increasing need for applied technical learning experiences.

    CTE has been an essential part of preparing students to succeed in the workforce for decades. Foundational elements of CTE include hands-on applied learning, technical skills attainment, and employability skills.1 These elements can also be found in “making,” as defined in the SUMMARY section of this notice. Makerspaces, defined in the SUMMARY section of this notice, assist students in learning important employability skills, including problem-solving, critical thinking, planning, and communication. Makerspaces may include electronic components, software, craft materials, tools, and equipment such as 3D Printers, laser cutters, and other computer-guided devices.

    1 For more information visit http://cte.ed.gov/employabilityskills.

    This Challenge seeks to reinforce and highlight the common elements in CTE and making, and encourage schools to explore innovative ways to bring the benefits of making to CTE. CTE and making are applied teaching and learning approaches that prepare students with the academic and technical knowledge and skills needed to succeed in education and careers. Making involves higher-order reasoning and problem-solving skills, individual and collaborative project-based learning, and instills the employability and technical skills that are needed in the 21st century workplace, all of which are foundational elements of CTE. CTE and making also bring entrepreneurship to the classroom by inspiring students to take their ideas from concept to reality.

    The Challenge invites eligible schools to design makerspaces that strengthen career and technical skills through making.

    The Challenge will be conducted in five phases:

    (1) The First Round Submission phase;

    (2) The CTE Makeover Bootcamp phase;

    (3) The Judging and Award phase;

    (4) The CTE Makerspace Build-Out phase; and

    (5) The CTE Makerspace Showcase phase.

    The dates for each of the phases will be determined by the Department and announced on the Challenge Web page.

    The five phases in this section are described below.

    First Round Submission Phase Description

    Schools enter the Challenge by completing the entry submission process on the Challenge Web page. This phase is designed to determine eligibility. Entrants who fulfill the criteria described in the Eligibility section of this notice will be eligible to participate in the CTE Makeover Bootcamp phase of the Challenge.

    CTE Makeover Bootcamp Phase Description

    During the CTE Makeover Bootcamp, experts in the field of making will provide technical assistance to all eligible entrants. Eligible entrants will receive resources to improve and expand upon plans and designs for their makerspaces. At least one informational training Webinar will be held during the CTE Makeover Bootcamp. CTE Makeover Bootcamp participants will be provided access to community engagement tools and sustainability strategies to support build-out efforts and maintain their makerspaces beyond the period of the Challenge. At the completion of the CTE Makeover Bootcamp, entrants will have the option of submitting a second round submission that will include detailed design plans, budgets, and implementation strategies.

    Judging Phase Description

    Independent Judges will review second round submissions using the criteria in the Award Selection Criteria section of this notice and make recommendations to the Department as to which entrants should receive monetary awards.

    The CTE Makerspace Build-Out Phase Description

    Award recipients are strongly encouraged to use their prize money to build their proposed makerspaces during the CTE Makeover Build-Out phase. Award recipients will be required to produce and submit a video on the progress they have made constructing their makerspaces and compile an online portfolio of materials for use in the CTE Makerspace Showcase.

    The CTE Makerspace Showcase Phase Description

    Award recipients will be invited to attend the World Maker Faire in New York City in October 2016 and may use their prize money to attend the event. The Department anticipates presenting CTE Makerspaces at the event and sharing the models of CTE makerspaces resulting from the Challenge.

    Program Authority: The goals, purposes, and activities related to the Challenge are authorized by section 114(c)(1) of Perkins IV, 20 U.S.C. 2324(c)(1). Under this section, the Secretary of the U.S. Department of Education is authorized to carry out research, development, dissemination, evaluation and assessment, capacity building, and technical assistance with regard to CTE programs under Perkins IV. Following the CTE Makeover Challenge, submissions selected as CTE Makerspaces will be disseminated to the public as CTE Makerspace models to inspire others to incorporate making into teaching and learning.

    III. Eligibility

    (a) An eligible entrant must be either:

    (1) A school that is eligible to receive funds directly under section 3(14)(A) of Perkins IV 2 (e.g. a charter school or area CTE school); or

    2 Under section 3(14)(A) of Perkins IV the term `eligible recipient' means—a local educational agency (including a public charter school that operates as a local educational agency), an area career and technical education school, an educational service agency, or a consortium, eligible to receive assistance under section 131 of Perkins IV.

    (2) A school that is eligible to receive funds from an eligible recipient under section 3(14)(A) of Perkins IV (e.g. a local high-school that receives funds from an LEA eligible under section 3(14)(A) of Perkins IV).

    (b) Entrants must:

    (1) Register on the Challenge Web page (see Additional Terms that are part of the Official Rules, under the General Terms and Conditions in this notice);

    (2) Enter a submission on the Challenge Web page according to the rules, terms, and conditions in this notice;

    (3) Comply with all requirements on the Challenge Web page and this notice;

    (4) Provide affirmation upon submission of an entry for the Challenge that an entrant is eligible under subsection (a) of this section. If selected as an Award Recipient, entrants must provide documentation to demonstrate their eligibility prior to receiving a prize;

    (5) Submit signed letters from the entrant's administrator and superintendent approving the entrant's permission to enter the Challenge; and

    (6) Agree to—

    (i) Assume any and all risks and waive claims against the Federal government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in the Challenge, whether the injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arises through negligence or otherwise;

    (ii) Indemnify the Federal government against third party claims for damages arising from, or related to, competition activities, patents, copyrights, and trademark infringements; and

    (iii) Comply with and abide by the Official Rules, Terms and Conditions in this notice, and the decisions of the Department which shall be final and binding in all respects.

    IV. Prizes

    The total prize pool for the Challenge is $200,000. The $200,000 Challenge prize pool will be divided equally and awarded to a maximum of ten award recipients, following the judging of second round submissions.

    Prizes awarded under this competition will be paid by electronic funds transfer. Award Recipients are responsible for any applicable local, State, and Federal taxes and reporting that may be required under applicable tax laws.

    V. CTE Makeover Eligibility Criteria

    (a) To participate in the Challenge, an entrant must submit an eligible entry according to the Eligibility section of this notice.

    (b) An entrant must complete the entry requirements outlined in the Submission Information section of this notice.

    (c) CTE Makeover Bootcamp participants will be chosen based on the extent that their submission provides all of the required information in paragraphs (a) and (b) of this section and it is sufficient for the Department to determine their eligibility and intent to participate in the Challenge.

    VI. Award Selection Criteria

    Up to 105 points may be assigned during the judging of the second round submissions based on the criteria in paragraphs (a) and (b) of this section.

    (a) Judges may assign up to 20 points for each selection criterion during the judging of second round submissions (for a total of up to 100 points) based on the following five selection criteria:

    (1) Innovative. The extent that the model of the CTE makerspace described in a submission exhibits novelty or ingenuity, and has the potential to significantly transform current practices in hands-on applied CTE learning, especially in response to economic and systemic constraints;

    (2) Replicable. The extent that the model of the CTE makerspace described in the submission—

    (i) Is able to be adopted and replicated by other schools, including schools serving low-income communities, based on design, budget, and curriculum, and

    (ii) Includes approaches and options that could be used to easily implement the model in schools with limited resources, such as schools serving low-income communities;

    (3) Multi-functional. The extent that the model of the CTE makerspace described in the submission has the capacity to be utilized by a broad cross-section of students, including various grade-levels, students with disabilities, multidisciplinary subjects, and CTE programs and skills;

    (4) Feasible. The extent that the submission demonstrates the ability of the entrant to successfully implement the model of the CTE makerspace described in the submission within the Challenge timeframe and with its proposed resources including support from the local community and businesses; and

    (5) Sustainable. The extent that the model of the CTE makerspace described in the submission demonstrates the capability to sustain the makerspace following the Challenge including administration, maintenance, curricular programming, teacher involvement, and community support while being able to adapt to changing needs and technologies over time.

    (b) Judges may assign up to five bonus points during the judging of second round submissions (in addition to a total score of up to 100 points in paragraph (a) of this section, for a total score of up to 105 points) based on the following selection criteria—

    Addressing need. The extent to which the student population served by the eligible entity is low-income, as defined by the percentage of students enrolled in free and reduced price lunch programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1759), as amended.

    (c) The Department will review the recommendations of the judges and may consider additional characteristics when selecting Award Recipients from the top scoring submissions to ensure diverse distribution of awards, including:

    (1) School size (number of students),

    (2) Percentage of students enrolled in free and reduced price lunch programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1759), as amended, and

    (3) Geographic location and local population density.

    VII. Submission Information

    1. To participate in the Challenge, an entrant must—

    (a) Register on the Challenge Web page.

    (b) Enter the required information on the Challenge Web page submission form.

    2. Content and Form of Submission:

    To submit an entry to the Challenge, an entrant must complete the submission form on the Challenge Web page.

    3. First Round Submission Dates and Times:

    The first round submission phase officially begins March 9, 2016 with this announcement of the Challenge and continues to April 1, 2016 at 11:59:59 p.m., Washington, DC time. Luminary Labs is the official timekeeper for the Challenge.

    Submissions must be received during the first round submission phase of the Challenge to be eligible. To submit an entry to the Challenge, an entrant must go to the Challenge Web page and complete all required fields of the first round submission form before the close of the first round submission phase. Each entrant must complete all of the required fields in the first round submission form in accordance with the Official Rules, Terms, and Conditions section of this notice. All entrants are required to provide consent to those Official Rules, Terms, and Conditions upon submitting an entry. Once submitted, a first round submission may not be altered during the first round submission phase. The Department reserves the right to disqualify any submission that the Department deems inappropriate.

    Eligible entrants will be invited to participate in the CTE Makeover Bootcamp. Entrants must designate a primary contact to serve as the Team Lead and manage the distribution of any awarded prizes. Team Leads must be employed by the submitting school and must be over 18 years of age. In the event a dispute regarding the identity of the entrant who actually submitted the entry cannot be resolved by the Department, the affected entry will be deemed ineligible.

    The Department encourages entrants to submit entries as far in advance of the deadline as possible and suggests not later than one hour before the deadline to ensure the completed submission is received. If an entrant submits an entry after the deadline date because of a technical problem with the Challenge Web page system, the entrant must immediately contact the person listed under FOR FURTHER INFORMATION CONTACT in this notice, and provide an explanation of the technical problem experienced on the Challenge Web page system. The Department will accept the entrant's submission if the Department can confirm that a technical problem occurred with the Challenge Web page system and that the technical problem affected the entrant's ability to submit an entry by 11:59 p.m., Washington, DC time, on the entry deadline date. The Department will contact the entrant after a determination is made on whether the entry will be accepted.

    Note:

    These extensions apply only to the unavailability of, or technical problems with, the Challenge Web page system. The Department will not grant an entrant an extension if the entrant failed to submit an entry in the system by the submission deadline date and time, or if the technical problem experienced is unrelated to the Challenge Web page system.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the submission process should contact the person listed under FOR FURTHER INFORMATION CONTACT in this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the submission process, the entry remains subject to all other requirements and limitations in this notice.

    VIII. Submission Review Information

    Review and Selection Process:

    The Department and Luminary Labs will review first round submissions based on the requirements in the Eligibility section of this notice to determine the schools that will participate in CTE Makeover Bootcamp.

    The participants may choose to refine their submissions during the CTE Makeover Bootcamp phase and prepare a second round submission.

    The Department and Luminary Labs will review second round submissions to ensure that entrants meet the requirements described in the Official Rules, Terms, and Conditions section of this notice.

    Should the volume of second round submissions exceed the capacity of the independent judges to conduct a thorough evaluation of the submissions, an independent review panel with expertise relevant to the criteria described in the Award Selection Criteria section of this notice will conduct a preliminary review of the second round submissions. In conducting the preliminary review, the independent review panel will assign scores to each second round submission according to the criteria described in the Award Selection Criteria section of this notice. During the preliminary review each criterion may be assigned up to 20 points for a total of up to 100 points in paragraph (a) and up to five bonus points in paragraph (b) for a combined total of up to 105 points.

    The size of the independent review panel will be based on the number of participants in the CTE Makeover Bootcamp and the quantity of second round submissions received. Each member of the independent review panel will score a maximum of thirty submissions and all submissions will receive scores from three different independent review panelists.

    The submissions with the thirty highest scores assigned by the independent review panel will then be scored by independent judges based on the quality of each entry according to the criteria described in the Award Selection Criteria section of this notice. Judges may assign up to 20 points for each criterion for a total of up to 100 points in paragraph (a) and up to five bonus points in paragraph (b) for a combined total of up to 105 points.

    From the pool of second round submissions, judges will recommend up to ten entrants to receive monetary awards. The Department will review the recommendations of the judges and make final award decisions as described in the Award Selection Criteria section of this notice.

    By participating in the Challenge, each entrant acknowledges and agrees that such recommendations of the judges based on the criteria may differ and agrees to be bound by, and not to challenge, the final decisions of the Department.

    IX. Official Rules, Terms, and Conditions General Terms and Conditions

    The Department reserves the right to suspend, postpone, cease, terminate, or otherwise modify this Challenge or any entrant's participation in the Challenge, at any time at the Department's sole discretion.

    All entry information submitted on the Challenge Web page and all materials, including any copy of the submission, becomes property of the Department and will not be acknowledged or returned by Luminary Labs or the Department. Proof of submission is not considered proof of delivery or receipt of such entry. Furthermore, the Department and Luminary Labs shall have no liability for any submission that is lost, intercepted, or not received by the Department and/or Luminary Labs. The Department and Luminary Labs assume no liability or responsibility for any error, omission, interruption, deletion, theft, destruction, unauthorized access to, or alteration of, submissions.

    Representations and Warranties/Indemnification

    By participating in the Challenge, each entrant represents, warrants, and covenants as follows:

    (a) The entrants are the sole authors, creators, and owners of the submission;

    (b) The entrant's submission—

    (i) Is not the subject of any actual or threatened litigation or claim;

    (ii) Does not, and will not, violate or infringe upon the privacy rights, publicity rights, or other legal rights of any third party;

    (iii) Does not contain any harmful computer code (sometimes referred to as “malware,” “viruses,” or “worms”); and

    (c) The submission, and entrants' implementation of the submission, does not, and will not, violate any applicable laws or regulations of the United States.

    Entrants will indemnify, defend, and hold harmless the Department and Luminary Labs from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to, or arising from, entrant's submission or any breach or alleged breach of any of the representations, warranties, and covenants of entrant hereunder. The Department reserves the right to disqualify any submission that the Department, in its discretion, deems to violate these Official Rules, Terms, and Conditions in this notice.

    Submission License

    Each entrant retains title to, and full ownership of, their submission. The entrant expressly reserves all legal rights not expressly granted under this agreement. By participating in the Challenge, each entrant hereby irrevocably grants a license to the Department and Luminary Labs to store and access submissions in perpetuity that may be reproduced, published, or distributed in the future.

    Publicity Release

    By participating in the Challenge, each entrant hereby irrevocably grants to the Department and Luminary Labs the right to use such entrant's name, likeness, image, and biographical information in any and all media for advertising and promotional purposes relating to the Challenge in perpetuity and otherwise as stated in the Submission License section of this notice.

    Disqualification

    The Department reserves the right in its sole discretion to disqualify any entrant who is found to be tampering with the entry process or the operation of the Challenge, Challenge Web page, or other Challenge-related Web pages; to be acting in violation of these Official Rules, Terms, and Conditions; to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge; or to annoy, abuse, threaten, or harass any other person; and, the Department reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

    Links to Third-Party Web Pages

    The Challenge Web page may contain links to third-party Web pages that are not owned or controlled by Luminary Labs or the Department. Luminary Labs and the Department do not endorse or assume any responsibility for any such third party sites. If an entrant accesses a third-party Web page from the Challenge Web page, the entrant does so at the entrant's own risk and expressly relieves Luminary Labs and/or the Department from any and all liability arising from use of any third-party Web page content.

    Disclaimer

    The Challenge Web page contains information and resources from public and private organizations that may be useful to the reader. Inclusion of this information does not constitute an endorsement by the Department or Luminary Labs of any products or services offered or views expressed. Blog articles provide insights on the activities of schools, programs, grantees, and other education stakeholders to promote continuing discussion of educational innovation and reform. Blog articles do not endorse any educational product, service, curriculum, or pedagogy.

    The Challenge Web page also contains hyperlinks and URLs created and maintained by outside organizations, which are provided for the reader's convenience. The Department and Luminary Labs are not responsible for the accuracy of the information contained therein.

    Notice to Challenge Entrants and Award Recipients

    Attempts to notify entrants and award recipients will be made using the email address associated with the entrants' submission. The Department and Luminary Labs are not responsible for email or other communication problems of any kind.

    If, despite reasonable efforts, an entrant does not respond within three days of the first notification attempt regarding selection as an award recipient (or a shorter time as exigencies may require) or if the notification is returned as undeliverable to such entrant, that entrant may forfeit the entrant's award and associated prizes, and an alternate award recipient may be selected.

    If any potential award recipient is found to be ineligible, has not complied with these Official Rules, Terms, and Conditions, or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified. An alternate winner may be selected, or the applicable prize may go unawarded.

    Attendance

    To maintain eligibility, entrants deemed eligible after the first round submission phase are required to participate in Challenge activities organized by the Department and Luminary Labs, which include the CTE Makeover Bootcamp. If an eligible entrant is unable to participate in any mandatory activities, the entrant will no longer be eligible to win the Challenge. Eligible entrants opting to participate in the CTE Makeover Bootcamp are required to participate in these events at their own expense. Entrants not attending the live introductory Webinar will be given access to the archived Webinar following the event. Entrants not participating in, or watching the archived version of the introductory Webinar before the end of the CTE Makeover Bootcamp phase will not be permitted to enter a second round submission. Award recipients are invited to attend the World Maker Faire on October 1st and 2nd, 2016 in New York City at their own expense.

    Dates/Deadlines

    The Department reserves the right to modify any dates or deadlines set forth in these Official Rules, Terms, and Conditions or otherwise governing the Challenge.

    Challenge Termination

    The Department reserves the right to suspend, postpone, cease, terminate, or otherwise modify this Challenge, or any entrant's participation in the Challenge, at any time at the Department's discretion.

    General Liability Release

    By participating in the Challenge, each entrant hereby agrees that—

    (a) The Department and Luminary Labs shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Challenge or any Challenge-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any prize; and

    (b) The entrant will indemnify, defend, and hold harmless the Department and Luminary Labs from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to, or arising from, the entrant's participation in the Challenge.

    Without limiting the generality of the foregoing, the Department and Luminary Labs are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, Web pages, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

    These Official Rules, Terms, and Conditions cannot be modified except by the Department in its sole and absolute discretion. The invalidity or unenforceability of any provision of these Official Rules, Terms, and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules, Terms, and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

    Exercise

    The failure of the Department to exercise or enforce any right or provision of these Official Rules, Terms, and Conditions shall not constitute a waiver of such right or provision.

    Governing Law

    All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Terms, and Conditions shall be governed by and construed in accordance with U.S. Federal law as applied in the Federal courts of the District of Columbia if a complaint is filed by any party against the Department, and the laws of the State of New York as applied in the New York state courts in New York City if a complaint is filed by any party against Luminary Labs.

    Privacy Policy

    By participating in the Challenge, each entrant hereby agrees that occasionally, the Department and Luminary Labs may also use the entrant's information to contact the entrant about Federal Challenge and innovation related activities, and acknowledges that the entrant has read and accepted the privacy policy at: www.CTEMakeoverChallenge.com/privacy.

    Additional Terms That Are Part of the Official Rules, Terms, and Conditions

    Please review the Luminary LightboxTM Terms of Service at www.LuminaryLightbox.com/terms for additional rules that apply to participation in the Challenge and more generally to use of the Challenge Web page. Such Terms of Service are incorporated by reference into these Official Rules, Terms, and Conditions. If there is a conflict between the Terms of Service and these Official Rules, Terms, and Conditions, the latter terms shall control with respect to this Challenge only.

    Participation in the Challenge constitutes an entrant's full and unconditional agreement to these Official Rules, Terms, and Conditions. By entering, an entrant agrees that all decisions related to the Challenge that are made pursuant to these Official Rules, Terms, and Conditions are final and binding, and that all such decisions are at the sole discretion of the Department and/or Luminary Labs.

    Luminary Labs collects personal information from entrants to the Challenge. The information collected is subject to the privacy policy located here: www.LuminaryLightbox.com/privacy.

    List of Award Recipients/Official Rules/Contact

    To obtain a list of award recipients (after the conclusion of the Challenge) or a copy of these Official Rules, Terms, and Conditions, send a self-addressed envelope with the proper postage affixed to: Luminary Labs, 30 West 22nd St., Floor 6, New York, NY, 10010. Please specify “Awards List” or “Official Rules” and the name of the specific Challenge in this request.

    Please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice, should you have any comments or questions about these Official Rules, Terms, and Conditions.

    X. Other Information

    Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under For Further Information Contact in 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 Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: March 3, 2016. Johan E. Uvin, Deputy Assistant Secretary Delegated the Duties of the Assistant Secretary for Career, Technical, and Adult Education.
    [FR Doc. 2016-05292 Filed 3-8-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY [OE Docket No. EA-216-D] Application To Export Electric Energy; TransAlta Energy Marketing (U.S.) Inc. AGENCY:

    Office of Electricity Delivery and Energy Reliability, DOE.

    ACTION:

    Notice of application.

    SUMMARY:

    TransAlta Energy Marketing (U.S.) Inc. (Applicant or TEMUS) has applied to renew its authority to transmit electric energy from the United States to Canada pursuant to section 202(e) of the Federal Power Act.

    DATES:

    Comments, protests, or motions to intervene must be submitted on or before April 8, 2016.

    ADDRESSES:

    Comments, protests, motions to intervene, or requests for more information should be addressed to: Office of Electricity Delivery and Energy Reliability, Mail Code: OE-20, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-0350. Because of delays in handling conventional mail, it is recommended that documents be transmitted by overnight mail, by electronic mail to [email protected], or by facsimile to 202-586-8008.

    SUPPLEMENTARY INFORMATION:

    Exports of electricity from the United States to a foreign country are regulated by the Department of Energy (DOE) pursuant to sections 301(b) and 402(f) of the Department of Energy Organization Act (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)).

    On May 17, 2011, DOE issued Order No. EA-216-C to TEMUS, which authorized the Applicant to transmit electric energy from the United States to Canada as a power marketer for a five-year term using existing international transmission facilities. That authority expires on May 17, 2016. On February 29, 2016, TEMUS filed an application with DOE for renewal of the export authority contained in Order No. EA-216 for an additional five-year term.

    In its application, TEMUS states that it does not own or operate any electric generation or transmission facilities, and it does not have a franchised service area. The electric energy that TEMUS proposes to export to Canada would be surplus energy purchased from third parties such as electric utilities and Federal power marketing agencies pursuant to voluntary agreements. The existing international transmission facilities to be utilized by TEMUS have previously been authorized by Presidential permits issued pursuant to Executive Order 10485, as amended, and are appropriate for open access transmission by third parties.

    Procedural Matters: Any person desiring to be heard in this proceeding should file a comment or protest to the application at the address provided above. Protests should be filed in accordance with Rule 211 of the Federal Energy Regulatory Commission's (FERC) Rules of Practice and Procedures (18 CFR 385.211). Any person desiring to become a party to these proceedings should file a motion to intervene at the above address in accordance with FERC Rule 214 (18 CFR 385.214). Five copies of such comments, protests, or motions to intervene should be sent to the address provided above on or before the date listed above.

    Comments and other filings concerning TEMUS's application to export electric energy to Canada should be clearly marked with OE Docket No. EA-216-D. An additional copy is to be provided directly to Steve Lincoln, TransAlta Energy Marketing (U.S.) Inc., 222 SW Columbia Street, Suite 1105, Portland, OR 97201 and to both Catherine P. McCarthy and Tracey L. Bradley, Bracewell LLP, 2000 K Street NW., Suite 500, Washington, DC 20006.

    A final decision will be made on this application after the environmental impacts have been evaluated pursuant to DOE's National Environmental Policy Act Implementing Procedures (10 CFR part 1021) and after a determination is made by DOE that the proposed action will not have an adverse impact on the sufficiency of supply or reliability of the U.S. electric power supply system.

    Copies of this application will be made available, upon request, for public inspection and copying at the address provided above, by accessing the program Web site at http://energy.gov/node/11845, or by emailing Angela Troy at [email protected]

    Issued in Washington, DC, on March 3, 2016. Brian Mills, Senior Planning Advisor, Office of Electricity Delivery and Energy Reliability.
    [FR Doc. 2016-05289 Filed 3-8-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Savannah River Site AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Savannah River Site. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Monday, March 28, 2016, 1:00 p.m.-5:00 p.m. Tuesday, March 29, 2016, 8:30 a.m.-4:30 p.m. ADDRESSES:

    Hilton Garden Inn, 1065 Stevens Creek Road, Augusta, GA 30907.

    FOR FURTHER INFORMATION CONTACT:

    James Giusti, Office of External Affairs, Department of Energy, Savannah River Operations Office, P.O. Box A, Aiken, SC 29802; Phone: (803) 952-7684.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda:

    Monday, March 28, 2016 Opening and Agenda Review Work Plan Update Combined Committees Session Order of committees: • Facilities Disposition & Site Remediation • Administrative & Outreach • Nuclear Materials • Waste Management • Strategic & Legacy Management Public Comments Adjourn Tuesday, March 29, 2016 Opening, Chair Update, and Agenda Review Agency Updates Public Comments Break Presentation Lunch Break Administrative & Outreach Committee Update Facilities Disposition & Site Remediation Committee Update • Understanding Risk: Expressing Concentrations Presentation Waste Management Committee Update • Robotics Presentation Break (with Robotics Demonstration Outside) Nuclear Materials Committee Update Strategic & Legacy Management Committee Update • 2015 and 2016 Performance Metrics Presentation Public Comments Adjourn

    Public Participation: The EM SSAB, Savannah River Site, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact James Giusti at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact James Giusti's office at the address or telephone listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling James Giusti at the address or phone number listed above. Minutes will also be available at the following Web site: http://cab.srs.gov/srs-cab.html.

    Issued at Washington, DC, on March 3, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-05286 Filed 3-8-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Northern New Mexico AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, March 30, 2016—1:00 p.m.-5:15 p.m.

    ADDRESSES:

    Sandia Albuquerque Convention Facilities, 30 Rainbow Road, Ballroom A, Albuquerque, New Mexico 87113.

    FOR FURTHER INFORMATION CONTACT:

    Menice Santistevan, Northern New Mexico Citizens' Advisory Board (NNMCAB), 94 Cities of Gold Road, Santa Fe, NM 87506. Phone (505) 995-0393; Fax (505) 989-1752 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda • Call to Order • Welcome and Introductions • Approval of Agenda and Meeting Minutes of January 27, 2016 • Old Business • New Business • Update from Co-Deputy Designated Federal Officer(s) • Consideration and Action on Draft Recommendation 2016-02, Budget Priorities • Presentation on EM Budget, Fiscal Years 2017 and 2018 • Public Comment Period • Wrap-Up Comments from NNMCAB Members • Adjourn

    Public Participation: The EM SSAB, Northern New Mexico, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Menice Santistevan at least seven days in advance of the meeting at the telephone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Menice Santistevan at the address or phone number listed above. Minutes and other Board documents are on the Internet at: http://energy.gov/em/nnmcab/northern-new-mexico-citizens-advisory-board.

    Issued at Washington, DC, on March 3, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-05287 Filed 3-8-16; 8:45 am] BILLING CODE 6405-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2011-0855; FRL-9943-41] Paraquat Dichloride; Proposed Interim Mitigation Decision; Notice of Availability AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the availability of EPA's proposed interim mitigation decision for paraquat dichloride (paraquat) and opens a public comment period on this proposed interim mitigation decision. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. EPA may pursue mitigation at any time during the registration review process if it finds that a pesticide poses unreasonable adverse effects to human health or the environment. Based on the number and severity of paraquat human health incidents, the EPA believes that the mitigation measures outlined in this proposed interim mitigation decision are necessary to address identified human health risk concerns.

    DATES:

    Comments must be received on or before May 9, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2011-0855, by one of the following methods:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    For pesticide specific information, contact: Marianne Mannix, Chemical Review Manager, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 703-347-0275; email address: Mannix.marianne@epa.gov.

    For general information on the registration review program, contact: Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-8015; email address: [email protected]

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

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, farm worker, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the Chemical Review Manager listed under FOR FURTHER INFORMATION CONTACT.

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

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

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

    II. What action is the agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability of EPA's proposed interim mitigation decision for paraquat, and opens a 60-day public comment period on the proposed interim mitigation decision. Paraquat is a widely used broad spectrum herbicide for the control of weeds in many agricultural and non-agricultural settings, and is also used as a defoliant on crops, prior to harvest. It is classified as restricted use due to high toxicity. An estimated 1.5 tsp can be lethal if ingested and there is no known antidote. Paraquat dichloride is associated with a disproportionately high number of incidents including accidental ingestions typically leading to fatalities as well as occupational spills, splashes, and leaks resulting in severe and often damaging dermal or ocular contact. Paraquat is known to be corrosive to skin and eyes. EPA recently reviewed all available incident information and determined that mitigation measures to address these human health risk concerns are necessary. EPA has had some discussions with the paraquat technical registrants that suggest that the mitigation measures could be adopted voluntarily by pesticide manufacturers.

    The registration review docket for a pesticide includes earlier documents related to the registration review of the case along with supporting materials for this proposed interim mitigation decision. Following public comment, the Agency will issue a final interim mitigation decision for products containing paraquat. Notwithstanding this action, paraquat is still undergoing registration review. Within the next several years, EPA anticipates conducting comprehensive draft human health and ecological risk assessments for paraquat, followed by a proposed registration review decision, all of which will be posted for public comment.

    The registration review program is being conducted under congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public. Section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136a(g)) required EPA to establish by regulation procedures for reviewing pesticide registrations, originally with a goal of reviewing each pesticide's registration every 15 years to ensure that a pesticide continues to meet the FIFRA standard for registration. The Agency's final rule to implement this program was issued in August 2006 and became effective in October 2006, and appears at 40 CFR part 155, subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA) was amended and extended in September 2007. FIFRA, as amended by PRIA in 2007, requires EPA to complete registration review decisions by October 1, 2022, for all pesticides registered as of October 1, 2007.

    The registration review final rule at 40 CFR 155.58(a) provides for a minimum 60-day public comment period on all proposed registration review decisions. This comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the proposed interim mitigation decision. All comments should be submitted using the methods in ADDRESSES, and must be received by EPA on or before the closing date. These comments will become part of the docket for paraquat. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.

    The Agency will carefully consider all comments received by the closing date and will provide a “Response to Comments Memorandum” in the docket. The final interim mitigation decision will explain the effect that any comments had on the final decision and provide the Agency's response to significant comments.

    Background on the registration review program is provided at: http://www2.epa.gov/pesticide-reevaluation. Links to earlier documents related to the registration review of paraquat are provided at: http://www.epa.gov/ingredients-used-pesticide-products/paraquat.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: March 2, 2016. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.
    [FR Doc. 2016-05279 Filed 3-8-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0798] 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 May 9, 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: 3060-0798.

    Title: FCC Application for Radio Service Authorization; Wireless Telecommunications Bureau; Public Safety and Homeland Security Bureau.

    Form Number: FCC Form 601.

    Type of Review: Revision of a currently approved collection.

    Respondents: Individuals and households; Business or other for-profit entities; Not-for-profit institutions; and State, local or tribal government.

    Number of Respondents and Responses: 253,320 respondents and 253,320 responses.

    Estimated Time per Response: 0.5-1.25 hours.

    Frequency of Response: Recordkeeping requirement, third party disclosure requirement, on occasion reporting requirement and periodic reporting requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 535 and 554.

    Total Annual Burden: 222,055 hours.

    Total Annual Cost: $71,306,250.

    Privacy Impact Assessment: Yes.

    Nature and Extent of Confidentiality: In general there is no need for confidentiality with this collection of information.

    Needs and Uses: FCC Form 601 is a consolidated, multi-part application form that is used for market-based and site-based licensing for wireless telecommunications services, including public safety licenses, which are filed through the Commission's Universal Licensing System (ULS). FCC Form 601 is composed of a main form that contains administrative information and a series of schedules used for filing technical and other information. This form is used to apply for a new license, to amend or withdraw a pending application, to modify or renew an existing license, cancel a license, request a duplicate license, submit required notifications, request an extension of time to satisfy construction requirements, or request an administrative update to an existing license (such as mailing address change), request a Special Temporary Authority or Developmental License. Respondents are encouraged to submit FCC Form 601 electronically and are required to do so when submitting FCC Form 601 to apply for an authorization for which the applicant was the winning bidder in a spectrum auction.

    The data collected on FCC Form 601 includes the FCC Registration Number (FRN), which serves as a “common link” for all filings an entity has with the FCC. The Debt Collection Improvement Act of 1996 requires entities filing with the Commission use an FRN.

    On July 20, 2015, the Commission released the Part 1 R&O in which it updated many of its Part 1 competitive bidding rules (See Updating Part 1 Competitive Bidding Rules; Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions; Petition of DIRECTV Group, Inc. and EchoStar LLC for Expedited Rulemaking to Amend Section 1.2105(a)(2)(xi) and 1.2106(a) of the Commission's Rules and/or for Interim Conditional Waiver; Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission's Competitive Bidding Rules and Procedures, Report and Order, Order on Reconsideration of the First Report and Order, Third Order on Reconsideration of the Second Report and Order, and Third Report and Order, FCC 15-80, 30 FCC Rcd 7493 (2015), modified by Erratum, 30 FCC Rcd 8518 (2015) (Part 1 R&O)). Of relevance to the information collection at issue here, the Commission: (1) Implemented a new general prohibition on the filing of auction applications by entities controlled by the same individual or set of individuals (but with a limited exception for qualifying rural wireless partnerships); (2) modified the eligibility requirements for small business benefits, and updated the standardized schedule of small business sizes, including the gross revenues thresholds used to determine eligibility; (3) established a new bidding credit for eligible rural service providers; (4) adopted targeted attribution rules to prevent the unjust enrichment of ineligible entities; and (5) adopted rules prohibiting joint bidding arrangements with limited exceptions. The updated Part 1 rules apply to applicants seeking licenses and permits.

    Additionally, on June 2, 2014 the Commission released the Mobile Spectrum Holdings R&O, in which the Commission updated its spectrum screen and established rules for its upcoming auctions of low-band spectrum. Of relevance to the information collection at issue here, the Commission stated that it could reserve spectrum in order to ensure against excessive concentration in holdings of below-1-GHz spectrum (In the Matter of Policies Regarding Mobile Spectrum Holdings, Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-63, Report and Order, 29 FCC Rcd 6133, 90 ¶ 135 (2014) (Mobile Spectrum Holdings R&O). See also Application Procedures for Broadcast Incentive Auction Scheduled to Begin on March 29, 2016; Technical Formulas for Competitive Bidding, Public Notice, 30 FCC Rcd 11034, Appendix 3 (WTB 2015); Wireless Telecommunications Bureau Releases Updated List of Reserve-Eligible Nationwide Service Providers in each PEA for the Broadcast Incentive Auction, Public Notice, AU No. 14-252 (WTB 2016).

    The Commission seeks approval for revisions to its previously approved collection of information under OMB Control Number 3060-0798 to permit the collection of the additional information for Commission licenses and permits, pursuant to the rules and information collection requirements adopted by the Commission in the Part 1 R&O and the Mobile Spectrum Holdings R&O. As part of the collection, the Commission is seeking approval for the information collection and recordkeeping requirements associated with 47 CFR 1.2210(j), 1.2112(b)(2)(iii), 1.2112(b)(2)(v), 1.2112(b)(2)(vii), and 1.2112(b)(2)(viii). Also, in certain circumstances, the Commission requires the applicant to provide copies of their agreements and/or submit exhibits.

    In addition, the Commission seeks approval for various other, non-substantive editorial/consistency edits and updates to FCC Form 601 that correct inconsistent capitalization of words and other typographical errors, and better align the text on the form with the text in the Commission rules both generally and in connection with recent non-substantive, organizational amendments to the Commission's rules.

    The Commission therefore seeks approval for a revision to its currently approved information collection on FCC Form 601 to revise FCC Form 601 accordingly.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-05274 Filed 3-8-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202)-523-5793 or [email protected]

    Agreement No.: 012394.

    Title: CMA CGM/APL Asia-U.S. West Coast Space Charter Agreement.

    Parties: CMA CGM S.A. and APL Co. Pte. Ltd./American President Lines, Ltd. (collectively “APL”).

    Filing Party: Draughn B. Arbona, Esq; CMA CGM (America) LLC; 5701 Lake Wright Drive; Norfolk, VA 23502.

    Synopsis: The agreement authorizes CMA CGM to charter space to APL in the trade between the U.S. West Coast on the one hand, and China and Japan, on the other hand.

    By Order of the Federal Maritime Commission.

    Dated: March 4, 2016. Karen V. Gregory, Secretary.
    [FR Doc. 2016-05276 Filed 3-8-16; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION SUNSHINE ACT NOTICE March 7, 2016. TIME AND DATE:

    10:00 a.m., Thursday, March 23, 2016.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will hear oral argument in the matter Secretary of Labor v. Knight Hawk Coal, LLC, Docket Nos. LAKE 2014-121-R, et al. (Issues include whether the Judge erred in affirming an unwarrantable failure finding in connection with a fatality involving a continuous miner operator.)

    Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-05365 Filed 3-7-16; 11:15 am] BILLING CODE P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice March 7, 2016. TIME AND DATE:

    10:00 a.m., Thursday, March 24, 2016.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. Knight Hawk Coal, LLC, Docket Nos. LAKE 2014-121-R, et al. (Issues include whether the Judge erred in affirming an unwarrantable failure finding in connection with a fatality involving a continuous miner operator.).

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-05366 Filed 3-7-16; 11:15 am] BILLING CODE 6735-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice March 7, 2016. TIME AND DATE:

    11:00 a.m., Thursday, March 24, 2016.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. CAM Mining, LLC, Docket Nos. KENT 2013-196, et al. (Issues include whether the Judge erred in interpreting the preshift examination standard.).

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-05362 Filed 3-7-16; 11:15 am] BILLING CODE 6735-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 24, 2016.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Dick D. Behl, Scotland, South Dakota; to retain voting shares of Scotland Holding Company, and thereby indirectly retain voting shares of Farmers & Merchants State Bank, both in Scotland, South Dakota.

    Board of Governors of the Federal Reserve System, March 4, 2016. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2016-05238 Filed 3-8-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 24, 2016.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Robert Greco, together with Gian Greco, both of Wayne, Illinois; Pasquale Greco, Francesca Greco, Jaffe, and Eduardo Greco, all of Saint Charles, Illinois; as a group acting in concert, to acquire voting shares of STC Bancshares Corp., and thereby indirectly acquire voting shares of STC Capital Bank, Saint Charles, Illinois.

    Board of Governors of the Federal Reserve System, March 4, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-05216 Filed 3-8-16; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0083; Docket 2015-0055; Sequence 31] Submission for OMB Review; Qualification Requirements AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of reinstatement request for an information collection requirement regarding an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning Qualification Requirements. A notice was published in the Federal Register at 80 FR 78233 on December 16, 2015. No comments were received.

    DATES:

    Submit comments on or before April 8, 2016.

    ADDRESSES:

    Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0083, Qualification Requirements”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0083, Qualification Requirements” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0083, Qualification Requirements.

    Instructions: Please submit comments only and cite Information Collection 9000-0083, Qualification Requirements, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Charles Gray, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, 703-795-6328 or [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    FAR subpart 9.2 and the associated clause at FAR 52.209-1, implement the statutory requirements of 10 U.S.C. 2319 and 41 U.S.C. 3311, which allow an agency to establish a qualification requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. Under the qualification requirements, an end item, or a component thereof, may be required to be prequalified.

    The clause at FAR 52.209-1, Qualification Requirements, requires offerors who have met the qualification requirements to identify the offeror's name, the manufacturer's name, source's name, the item name, service identification, and test number (to the extent known). This eliminates the need for an offeror to provide new information when the offeror, manufacturer, source, product or service covered by qualification requirement has already met the standards specified by an agency in a solicitation.

    The contracting officer uses the information to determine eligibility for award when the clause at 52.209-1 is included in the solicitation. Alternatively, items not yet listed may be considered for award upon the submission of evidence of qualification with the offer.

    B. Annual Reporting Burden

    Respondents: 7,998.

    Responses per Respondent: 5.

    Annual Responses: 39,990.

    Hours per Response: 1.0.

    Total Burden Hours: 39,990.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0083, Qualification Requirements, in all correspondences.

    Dated: March 3, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2016-05205 Filed 3-8-16; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0078]; [Docket 2016-0053; Sequence 14] Information Collection; Make-or-Buy Program AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for an extension to an information collection requirement for an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning the Make-or-Buy Program.

    DATES:

    Submit comments on or before May 9, 2016.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0078, Make-or-Buy Program, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0078, Make-or-Buy Program”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0078, Make-or-Buy Program” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0078, Make-or-Buy Program.

    Instructions: Please submit comments only and cite Information Collection 9000-0078, Make-or-Buy Program, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Edward Loeb, Procurement Analyst, Office of Acquisition Policy, GSA, 202-501-0650 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    Price, performance, and/or implementation of socio-economic policies may be affected by make-or-buy decisions under certain Government prime contracts. Accordingly, FAR 15.407-2, Make-or-Buy Programs:

    (i) Sets forth circumstances under which a Government contractor must submit for approval by the contracting officer a make-or-buy program, i.e., a written plan identifying major items to be produced or work efforts to be performed in the prime contractor's facilities and those to be subcontracted;

    (ii) Provides guidance to contracting officers concerning the review and approval of the make-or-buy programs; and

    (iii) Prescribes the contract clause at FAR 52.215-9, Changes or Additions to Make-or-Buy Programs, which specifies the circumstances under which the contractor is required to submit for the contracting officer's advance approval a notification and justification of any proposed change in the approved make-or-buy program.

    The information is used to assure the lowest overall cost to the Government for required supplies and services.

    B. Annual Reporting Burden

    Respondents: 150.

    Responses Per Respondent: 3.

    Total Responses: 450.

    Hours per Response: 8.

    Total Burden Hours: 3,600.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulation (FAR), and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0078, Make-or-Buy Program, in all correspondence.

    Dated: March 3, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2016-05204 Filed 3-8-16; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-16-16CM] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    The Cooperative Re-engagement Controlled Trial (CoRECT)—New—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The Centers for Disease Control and Prevention (CDC), National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Division of HIV/AIDS Prevention (DHAP) requests a new three year OMB approval for information collection for a new research study entitled “The Cooperative Re-engagement Controlled Trial (CoRECT)”. The purpose of the study is to evaluate a combined health department and clinic intervention to improve engagement in HIV care. Increasing the number of people living with HIV who access HIV care and achieve viral load suppression addresses one of the priorities of the National HIV/AIDS Strategy. The data collection is authorized under the Section 301 of the Public Health Service Act (42 U.S.C. 241).

    The CoRECT Study data collection is comprised of six core components: 1. Electronic clinic data abstraction (Electronic Medical Record (EMR) abstraction will be conducted by project clinic staff at each project clinic to develop the clinic-based “Out of Care” list;) 2. electronic surveillance data abstraction (Electronic surveillance data abstraction will be conducted by project health department staff at each health department to develop the health department based “Out of Care” list); 3. a “Barriers to Care” survey (These surveys will provide information regarding barriers to accessing healthcare (e.g., transportation, financial assistance, housing, substance abuse services, etc.)); 4. a “Standard of Care” survey (Investigators will administer this survey to clinic managers, at baseline and every six months during the study period to assess how the delivery of health services has evolved over time); 5. a Participant Eligibility Disposition form (a listing of potential out-of-care patients will be reviewed to determine those who appear to be out-of-care, as determined by study eligibility, versus those who meet criteria for exclusion); and 6. a Case Conference form (project health department staff will determine if potentially eligible patients met criteria for inclusion in the study and if so randomization will occur). Prospective data collection will provide information about participant's baseline characteristics including sex, race/ethnicity, HIV exposure risk category, CD4 and viral load test results, date of first clinic visit, and insurance status.

    HIV antiretroviral therapy (ART) can durably suppress the plasma HIV viral load, which improves individual survival and dramatically reduces further HIV transmission. Increasing the number of people living with HIV who access HIV care and achieve viral load suppression is a priority of the National HIV/AIDS Strategy. Within the continuum of HIV care in the United States, improvements in linkage to and retention in effective care provide the greatest opportunity to improve rates of HIV viral suppression. It is estimated that of the 1.2 million persons living with HIV in 2011, only 40% were engaged in HIV medical care and only 30% achieved viral suppression.

    HIV clinical trials with enhanced case management have demonstrated that interventions provided by the health department can improve linkage to HIV care and interventions provided by the clinic can improve retention in HIV care. Although linkage to care has improved in many health department jurisdictions, being linked to care is not enough. There is a need to ensure that: (i) People diagnosed with HIV and linked to care are engaging medical care (i.e., attending their enrollment appointment and returning for follow-up medical appointments); and (ii) people who have disengaged from HIV care (i.e., have missed medical appointments and have not been seen in clinic for more than 6 months) are able to efficiently re-engage in care. There have been no randomized controlled studies using a Data-to-Care approach to identify and re-engage out of care persons. Controlled studies such as the CoRECT study are critical to determine the effectiveness of HIV prevention interventions.

    The CoRECT study is a randomized controlled trial that seeks to establish a data-sharing partnership between health departments and HIV care clinical providers to identify HIV-infected persons who are out of care and evaluate an intervention that aims to have randomized participants: (a) Link to an HIV clinic; (b) remain in HIV medical care; (c) achieve HIV viral load suppression within 12 months; and (d) achieve durable HIV viral load suppression over 18 months.

    The study is funded by CDC through cooperative agreements with the Connecticut State Department of Public Health (in collaboration with Yale University School of Medicine), the Massachusetts State Department of Public Health, and the Philadelphia Department of Public Health. The total burden hours are 1,731.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • CoRECT Study Coordinator Electronic transmittal of surveillance variables 3 4 1 Clinic Data Manager Electronic transmittal of clinical variables 46 4 1 CoRECT Study Participants Barriers to Care Survey 1,200 1 30/60 Clinical Nurse Coordinator Standard of Care Survey 46 2 45/60 Clinic Data Manager Case Conference Session 46 12 1 CoRECT study Coordinator (health department) Case Conference Session 3 12 1 CoRECT Study Coordinator (health department) Participant Eligibility Disposition form 3 12 1 Clinic data manager Cost analysis form—baseline 46 1 1 CoRECT Study Coordinator Start-up cost analysis form—Health department 3 1 1 Clinic Data Manager Start-up Cost Analysis form—Clinic 46 1 1 CoRECT Study Coordinator Annual Costs Analysis form-Health department 3 2 1.5 Clinic Data Manager Annual Costs Analysis form—Clinic 46 2 1.5
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-05235 Filed 3-8-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to Funding Opportunity Announcement (FOA) DD 16-001, Centers for Autism and Developmental Disabilities Research and Epidemiology (CADDRE): Study to Explore Early Development (SEED) 3.

    Time and Date: 10:00 a.m.-6:00 p.m., EDT, April 7, 2016 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “FOA DD16-001, Centers for Autism and Developmental Disabilities Research and Epidemiology (CADDRE): Study to Explore Early Development (SEED) 3”.

    Contact Person for More Information: Jaya Raman Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, Mailstop F80, Atlanta, Georgia 30341, Telephone: (770) 488-6511, [email protected].

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Catherine Ramadei, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-05266 Filed 3-8-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to Funding Opportunity Announcement (FOA), DP 16-002, Michigan Lupus Epidemiology and Surveillance (MILES) Program Longitudinal Cohort Study.

    Time and Date: 11:00 a.m.-6:00 p.m., EDT, April 5, 2016 (Closed).

    Place: Teleconference.

    Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    Matters for Discussion: The meeting will include the initial review, discussion, and evaluation of applications received in response to “FOA DP16-002, Michigan Lupus Epidemiology and Surveillance (MILES) Program Longitudinal Cohort Study”.

    Contact Person for More Information: Jaya Raman Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, Mailstop F80, Atlanta, Georgia 30341, Telephone: (770) 488-6511, [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Catherine Ramadei, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-05267 Filed 3-8-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Board of Scientific Counselors, Office of Infectious Diseases (BSC, OID)

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned committee:

    Time and Date: 2:00-4:00 p.m., EDT, March 28, 2016.

    Place: Teleconference.

    Status: The meeting is open to the public; the toll free dial in number is 1-877-951-7311 with a pass code of 7972741.

    Purpose: The BSC, OID, provides advice and guidance to the Secretary, Department of Health and Human Services; the Director, CDC; the Director, OID; and the Directors of the National Center for Immunization and Respiratory Diseases, the National Center for Emerging and Zoonotic Infectious Diseases, and the National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention, CDC, in the following areas: Strategies, goals, and priorities for programs; research within the national centers; and overall strategic direction and focus of OID and the national centers.

    Matters for Discussion: Topics to be discussed during the teleconference include administrative/budget issues, current emerging infectious disease outbreak responses, and reports from recent program meetings.

    The agenda and any supplemental material will be available at www.cdc.gov/oid/BSC/meetingschedule.html after March 20.

    Agenda items are subject to change as priorities dictate.

    Contact Person for More Information: Robin Moseley, M.A.T., Designated Federal Officer, OID, CDC, 1600 Clifton Road NE., Mailstop D10, Atlanta, Georgia 30333, Telephone: (404) 639-4461.

    The Director, Management Analysis and Services Office has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Catherine Ramadei, Acting Director, Management Analysis and Services Office Centers for Disease Control and Prevention.
    [FR Doc. 2016-05265 Filed 3-8-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Committee to the Director (ACD), Centers for Disease Control and Prevention—State, Tribal, Local and Territorial (STLT) Subcommittee Meeting

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following meeting of the aforementioned subcommittee:

    Time and Date: 11:30 a.m.-1:00 p.m. EDT, April 08, 2016.

    Place: This meeting will be held by teleconference.

    Status: This meeting is open to the public, limited only by the availability of telephone ports. The public is welcome to participate during the public comment, which is tentatively scheduled from 12:40 p.m. to 12:45 p.m. To participate on the teleconference, please dial (888) 233-0592 and enter code 33288611.

    Purpose: The Subcommittee will provide advice to the CDC Director through the ACD on strategies and future needs and challenges faced by State, Tribal, Local and Territorial health agencies, and will provide guidance on opportunities for CDC.

    Matters for Discussion: The STLT Subcommittee members will discuss progress on implementation of ACD-adopted recommendations related to the health departments of the future, additional developments that may expand these recommendations, and how CDC can best support STLT health departments.

    The agenda is subject to change as priorities dictate.

    Contact Person for More Information: John Auerbach, MBA, Designated Federal Officer, STLT Subcommittee, ACD, CDC, 4770 Buford Highway, MS E70, Atlanta, Georgia 30341, Telephone (404) 498-0300, Email: [email protected] Please submit comments to [email protected] by April 1, 2016.

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Claudette Grant, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-05264 Filed 3-8-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Evaluation of Domestic Human Trafficking Demonstration Projects.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS) is proposing a 2-year data collection as part of the “Evaluation of Domestic Human Trafficking Demonstration Projects” study. This notice addresses the cross-site process evaluation to be conducted with the FY 2015 domestic human trafficking demonstration sites funded by the Family and Youth Services Bureau (FYSB).

    The objective of the process evaluation is to describe program operations and implementation experience, such as start-up efforts, service provision to a wide array of trafficking victims, collaboration development, training, and sustainability actions. Information from the evaluation will assist federal, state, and community policymakers and funders in laying the groundwork for the refinement of program models to serve domestic victims of human trafficking, as well as evaluation strategies for future programs targeting trafficking victims.

    The evaluation of domestic human trafficking demonstration projects will document and describe each site's community and organizational capacity; partnership composition and functioning; comprehensive, victim-centered services; and survivor characteristics, experiences, and outcomes. Primary data for the evaluation will be collected via qualitative interviews, including key informant interviews, case narrative interviews, client interviews, bimonthly telephone interviews, and cost modules (i.e., structured interviews with project directors to collect information on costs). Data will be collected via two site visits per year, during 2016 and 2017. Case narrative interviews will include follow up interviews. Interviews from multiple perspectives will enhance the government's understanding of strategies by which grantees can identify, engage and serve diverse populations of victims of severe forms of human trafficking.

    Respondents: Project directors and case managers at the three FY 2015 FYSB funded demonstration projects; staff (e.g., program managers and directors) from partner organizations that are working with the three FY 2015 FYSB-funded demonstration projects; and clients who have received services from the three FY 2015 FYSB-funded demonstration projects.

    Annual Burden Estimates Instrument Total number of respondents Annual
  • number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Annual
  • burden hours
  • Project Director Interview 6 3 1 2 6 Case Manger Interview 30 15 1 1.25 19 Partner Interviews 30 15 1 1.25 19 Case Narrative Interview 30 15 1 1 15 Client Interview 30 15 1 1 15 Human Trafficking Evaluation Cost Module/Human Trafficking Evaluation Labor Module 6 3 1 1 3 Bi-monthly Project Director Calls 6 3 1 6 18

    Estimated total annual burden hours: 95.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, ACF Certifying Officer.
    [FR Doc. 2016-05240 Filed 3-8-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-D-1180] Ensuring Safety of Animal Feed Maintained and Fed On-Farm; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry (GFI) # 203 entitled “Ensuring Safety of Animal Feed Maintained and Fed On-Farm.” This guidance is intended to help animal producers (persons who feed animals) develop and implement on-farm practices to ensure the safety of animal feed maintained and fed to animals on the farm.

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    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-2014-D-1180 for “Ensuring Safety of Animal Feed Maintained and Fed On-Farm.” 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.

    Submit written requests for single copies of the guidance to the Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Phares Okelo, Center for Veterinary Medicine (HFV-226), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5921, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    In the Federal Register of March 20, 2015 (80 FR 15014), FDA published the notice of availability for a draft GFI #203 entitled “Ensuring Safety of Animal Feed Maintained and Fed On-Farm” giving interested persons until June 3, 2015, to comment on the draft guidance. FDA received several comments on the draft guidance and those comments were considered as the guidance was finalized. The guidance announced in this notice finalizes the draft guidance dated March 2015.

    II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on ensuring safety of animal feed maintained and fed on-farm. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    III. Paperwork Reduction Act of 1995

    FDA concludes that there are no collections of information under the Paperwork Reduction Act of 1995.

    IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05222 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA 2016-N-0001] Tenth Annual Drug Information Association/Food and Drug Administration Statistics Forum—2016; Public Conference AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public conference.

    SUMMARY:

    The Food and Drug Administration (FDA), in co-sponsorship with the Drug Information Association (DIA), is announcing a public conference entitled “Tenth Annual DIA/Food and Drug Administration Statistics Forum—2016.” This public conference is intended to be an open forum for the timely discussion of topics of mutual theoretical and practical interest to statisticians and clinical trialists who develop and review new drugs and biologics. A primary focus for this public conference will be to establish an ongoing dialogue between industry and regulatory Agencies—emphasizing the regulatory and statistical challenges associated with innovative approaches to the design and analysis of clinical trials and measuring the progress being made in designing and implementing innovative solutions.

    DATES:

    The main meeting will be held over 3 days: April 25, 2016, from 1 p.m. to 5:30 p.m.; April 26, 2016, from 8:30 a.m. to 5 p.m.; and April 27, 2016, from 8:30 a.m. to 3:30 p.m. On April 25, there will also be pre-meeting tutorials from 8:30 a.m. to 12 p.m. and a scientific working group session from 5:40 p.m. to 7 p.m.

    ADDRESSES:

    The meeting will be held at the Marriott Bethesda North Hotel and Conference Center, 5701 Marinelli Rd., North Bethesda, MD 20852, 301-822-9200.

    FOR FURTHER INFORMATION CONTACT:

    Meredith Kaganovskiy, DIA, 800 Enterprise Rd., Horsham, PA 19044, 215-442-6117, [email protected]; or Stephen Wilson, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 21, Rm. 3630, Silver Spring, MD 20993-0002, 301-796-0579, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA and DIA will sponsor an open public discussion between industry, academia, contract research organizations, regulatory scientists, and other parties on topics related to the innovative statistical methodologies and quantitative approaches used by sponsors to provide evidence for the approval of new therapies.

    The forum will provide a unique opportunity for all of the relevant stakeholders to collaboratively describe the issues and discuss appropriate solutions. It is important that all of the stakeholders examine their roles in making the necessary changes and improvements in the framework used to develop evidence for the regulatory decisions and work to foster a mutual understanding of relevant scientific issues and challenges.

    The conference will benefit FDA by enhancing communication with the broader statistical community.

    The goals of the program are as follows:

    • Explore and implement innovative statistical solutions to important issues associated with the quantitative evidence needed for the regulatory review of therapeutic drugs and biologics • Describe the application of statistical methodologies and thinking regarding the development of new therapeutic biologics and drugs • Assess the impact of regulations and guidance on statistical practice • Discuss ideas for improving the communication between industry statisticians and regulatory reviewers

    A description of the planned activities of the working groups can be found at http://www.diaglobal.org/en/conference-listing/meetings/2016/04/dia-fda-statistics-2016-forum.

    II. Registration and Accommodations A. Registration

    There is a registration fee to attend this meeting. The registration fee is to help defray the costs of the event; including meeting facilities, program materials, refreshments, staff time and administrative overhead, and costs involved in getting speakers to the events; and will not result in any profits. Seats are limited, and registration will be on a first-come, first-served basis. On-site registration will be available to the extent that space is available on the day of the conference. Please note: Registration will open at 7:30 a.m. each day.

    To register, please complete registration online at http://www.diaglobal.org/en/conference-listing/meetings/2016/04/dia-fda-statistics-2016-forum/register. (FDA has verified the Web address, but is not responsible for subsequent changes to the Web site after this document publishes in the Federal Register.) The costs of registration for the different categories of attendees are as follows:

    Category Cost Industry Representatives $1,350 Charitable Nonprofit/Academic (Full time) 675 Government (Full time) 405 Tutorial Fees 405

    All registrants will be required to pay the applicable fee, with the exception of a limited number of speakers/organizers who will have a complimentary registration.

    B. Accommodations

    Attendees are responsible for their own hotel accommodations. Attendees making reservations at the Bethesda North Marriot Hotel and Conference Center, 5701 Marinelli Rd., North Bethesda, MD 20852 are eligible for a reduced rate of $199, not including applicable taxes.

    The Marriott Bethesda North Hotel and Conference Center has a limited number of rooms available at the discounted rate of $199 per night until April 1, 2016, or until the block is filled. To receive the reduced rate, hotel reservations must be made with onPeak, https://compass.onpeak.com/e/72FOR16, and not directly with the hotel. If you need special accommodations due to a disability, please contact [email protected] at least 7 days in advance.

    Dated: March 3, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05219 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-0349] Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a document entitled “Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) Regulated Solely Under Section 361 of the Public Health Service Act and 21 CFR part 1271; Guidance for Industry.” The guidance document provides establishments that manufacture human cells, tissues, and cellular and tissue-based products (HCT/Ps) for which no premarket submissions are required because they are not also regulated as drugs, devices, and/or biological products, with recommendations for complying with the requirements for investigating and reporting adverse reactions involving communicable disease in recipients of these HCT/Ps. The guidance also provides updated information specific to reporting adverse reactions related to HCT/Ps to supplement the general instructions accompanying the MedWatch mandatory reporting form, Form FDA 3500A. The guidance supplements section XXII of FDA's guidance entitled “Guidance for Industry: Current Good Tissue Practice (CGTP) and Additional Requirements for Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated December 2011 and supersedes the guidance entitled “Guidance for Industry: MedWatch Form FDA 3500A: Mandatory Reporting of Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated November 2005. The guidance announced in this notice finalizes the draft guidance of the same title dated February 2015.

    DATES:

    Submit either electronic or written comments on Agency guidances at any time.

    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-2015-D-0349 for “Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products Regulated Solely under Section 361 of the Public Health Service Act and 21 CFR part 1271; Guidance for Industry.” 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.

    Submit written requests for single copies of the guidance to the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist the office in processing your requests. The guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Lori J. Churchyard, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a document entitled “Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) Regulated Solely under Section 361 of the Public Health Service Act and 21 CFR part 1271; Guidance for Industry.” The guidance provides establishments that manufacture HCT/Ps, with recommendations for complying with the requirements for investigating and reporting adverse reactions involving communicable disease in recipients of HCT/Ps that are regulated solely under section 361 of the Public Health Service Act (PHS Act) and 21 CFR part 1271 (361 HCT/Ps).

    In the Federal Register of February 20, 2015 (80 FR 9267), FDA announced the availability of the draft guidance of the same title dated February 2015. FDA received several comments on the draft guidance and those comments were considered as the guidance was finalized. In addition, editorial changes were made to improve clarity.

    The guidance supplements section XXII of FDA's guidance entitled “Guidance for Industry: Current Good Tissue Practice (CGTP) and Additional Requirements for Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated December 2011 by providing additional recommendations specific to the responsibilities to investigate complaints of adverse reactions concerning 361 HCT/Ps under 21 CFR 1271.160(b)(2), 21 CFR 1271.320 and 21 CFR 1271.350(a)(1) and, supersedes the guidance entitled “Guidance for Industry: MedWatch Form FDA 3500A: Mandatory Reporting of Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated November 2005. The guidance provides updated information specific to reporting adverse reactions related to HCT/Ps to supplement the general instructions accompanying the MedWatch mandatory reporting form, Form FDA 3500A. The guidance announced in this notice finalizes the draft guidance of the same title dated February 2015.

    The guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on Investigating and Reporting Adverse Reactions Related to Human Cells, Tissues, and Cellular and Tissue-Based Products Regulated Solely under Section 361 of the Public Health Service Act and 21 CFR part 1271; Guidance for Industry. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 1271 have been approved under OMB control number 0910-0543; and the collections of information in MedWatch Form FDA 3500A has been approved under OMB control number 0910-0291.

    III. Electronic Access

    Persons with access to the Internet may obtain the guidance at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05215 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2012-D-0049] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic Act AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

    DATES:

    Fax written comments on the collection of information by April 8, 2016.

    ADDRESSES:

    To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to [email protected] All comments should be identified with the OMB control number 0910-0732. Also include the FDA docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.

    Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic Act OMB Control Number 0910-0732—Extension

    On June 22, 2009, the President signed the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-31) into law. This law amended the Food Drug and Cosmetic Act (the FD&C Act) and granted FDA authority to regulate the manufacture, marketing, and distribution of tobacco products to protect public health generally and to reduce tobacco use by minors. Section 904(a)(3) of the FD&C Act (21 U.S.C. 387d(a)(3)) required each tobacco product manufacturer or importer, or an agent, to begin reporting to FDA no later than June 22, 2012, “all constituents, including smoke constituents as applicable, identified by FDA as harmful or potentially harmful to health in each tobacco product, and as applicable in the smoke of each tobacco product.” Reports must be by the brand and by quantity in each brand and sub-brand. Section 904(c)(1) of the FD&C Act states that manufacturers of tobacco products not on the market as of June 22, 2009, must also provide information reportable under section 904(a)(3) at least 90 days prior to introducing the product into interstate commerce.

    FDA has taken several steps to identify harmful and potentially harmful constituents (HPHCs) to be reported under sections 904(a)(3) and (c)(1) of the FD&C Act, including issuing a guidance discussing FDA's current thinking on the meaning of the term “harmful and potentially harmful constituent” in the context of implementing the HPHC list requirement under section 904(e) of the FD&C Act (76 FR 5387, January 31, 2011). The guidance is available on the Internet at http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm241339.htm.

    In addition, in the Federal Register of April 3, 2012 (77 FR 20034), FDA published a notice (the HPHC list notice) announcing the established list of HPHCs as required by section 904(e) of the FD&C Act and describing the criteria we used in identifying the HPHCs for the established list. Previously, FDA sought comment on both the criteria that would be used to identify HPHCs for the established list and a list of chemicals and chemical compounds that met the proposed criteria.

    The purpose of the information collection is to collect statutorily mandated information regarding HPHCs in tobacco products and tobacco smoke, by quantity in each brand and sub-brand.

    To facilitate the submission of HPHC information, FDA has developed Forms 3787a, 3787b, and 3787c in both paper and electronic formats. Manufacturers or importers, or their agents, may submit information either electronically or in paper format. The FDA eSubmitter tool provides electronic forms to streamline the data entry and submission process for reporting HPHCs. Users of eSubmitter may populate an FDA-created Excel file and import data into eSubmitter. Whether respondents decide to submit reports electronically or on paper, each form provides instructions for completing and submitting HPHC information to FDA. The forms contain fields for company information, product information, and HPHC information. Respondents finished reporting initial HPHC information under section 904(a)(3) in 2012, and this collection of information is in connection with the reporting requirements under section 904(c)(1) of the FD&C Act for tobacco products introduced into interstate commerce after June 22, 2009.

    In the Federal Register of November 13, 2015 (80 FR 70232), FDA published a 60-day notice requesting public comment on the proposed collection of information. Four comments were received; however, only one was PRA related.

    A comment stated that FDA has dramatically underestimated the annual number of responses that will be submitted from tobacco product manufacturers and importers. The comment contended that our estimate does not appear to be based on the Agency's experience with respect to “new” tobacco product submissions under section 910 of the FD&C Act.

    We have reconsidered our estimates, and agree with what we understand the comment to be saying, that we have not accounted for the submission of the two streamlined alternative substantial equivalent (SE) reports, one for label changes and one for product quantity changes, referred to as the “Same Characteristics SE Report” and the “Product Quantity Change SE Report,” respectively, and subsequent premarket authorization for a “new tobacco product” as defined under section 910(a)(1) of the FD&C Act (21 U.S.C. 387j(a)(1)). Based on FDA data, we estimate between 500 and700 (i.e., approximately 600) new tobacco products annually, as a result of manufacturers and importers submitting these streamlined submissions. We also estimate that the report of HPHC data in connection with these new tobacco products will take approximately 1 hour to prepare and submit. FDA has added a new line in the table for this category of new tobacco products.

    A comment also stated that the burden estimated for testing the quantities of HPHCs in cigarette filler and roll-your-own, smokeless, and smoke as 9.42 hours, 12.06 hours and 23.64 hours respectively, per product, has been dramatically underestimated. The comment contends that HPHC testing may more realistically be expected to take 7 to 12 weeks per product. FDA does not agree with this comment. The Agency based its estimates on its understanding as to how long the tests themselves take, as opposed to the length of time between when a manufacturer or importer may first request that a test be done and then receives the test results from an internal or independent laboratory.

    Furthermore, a comment stated that the burden estimated for the time required to report HPHC information to the Agency has been underestimated. The comment contends that in one entity's experience, the time required to report on the testing of a cigarette may be expected to take around 200 hours, taking into account the time required to compile the requisite information and to complete, review and edit the associated form.

    FDA disagrees with this comment as we believe the estimates for testing the quantities of HPHCs are accurate. Additionally, we note that the comment did not contain any data to support its contention.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Information collected Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average burden per response Total hours
    Reporting for Section 904(c)(1) Products 1. Reporting of Manufacturer/Importer Company and Product Information by Completing Submission Forms: Cigarette 78 0.79 62 1.82 113 Roll-Your-Own 39 0.21 8 0.43 (26 minutes) 3 Smokeless 52 0.21 11 0.63 (38 minutes) 7 Total 123 2. Testing of HPHC Quantities in Products: Cigarette Filler 78 0.79 62 9.42 584 Roll-Your-Own 39 0.21 8 9.42 75 Smokeless 52 0.21 11 12.06 133 Total 792 3. Testing of HPHC Quantities in Mainstream Smoke: Cigarette: International Oraganization for Standardization (ISO) Regimen 78 0.79 62 23.64 1,466 Cigarette: Health Canada Regimen 78 0.79 62 23.64 1,466 Total 2,932 4. Additional HPHC reports: 2 Cigarette Filler 78 2.56 200 1 200 Roll-Your-Own 39 5.12 200 1 200 Smokeless 52 3.84 200 1 200 Total 600 Total Section 904(c)(1) Reporting Burden Hours 4,447 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 HPHC reports for identical products (e.g., under different brand or sub-brand names) in which the HPHC measures will be the same as the original report.

    Table 1 contains estimates for new product information received annually under section 904(c)(1) of the FD&C Act. Manufacturers must report HPHC information under section 904(c)(1) of the FD&C Act at least 90 days prior to delivery for introduction into interstate commerce. The total annual burden for this collection of information is estimated to be 4,447 hours. The burden estimate for this collection of information includes the time it will take to test the products and prepare the HPHC report. Table 1 indicates that 169 respondents will submit HPHC reports when new products enter the market.

    Section 1 of the table addresses the time required for manufacturers to report their company information. We estimate that the time to report HPHC information is no more than 1.82 hours for cigarettes, 0.42 hours for roll-your-own, and 0.63 hours for smokeless tobacco products for each response regardless of whether the paper or electronic form (Form FDA 3787) is used. (The estimated times to report smokeless tobacco products (0.63 hour) and roll-your-own tobacco products (0.43 hour) are lower than the estimated reporting time for cigarette products because fewer HPHCs are normally reported for these two types of products. The total annual burden for reporting company and product information is 123 hours.

    Section 2 of the table addresses the time required for manufacturers to test quantities of HPHCs in their products. The burden hour estimates include the time needed to test the tobacco products, draft testing reports, and draft the report for FDA. For cigarette filler, smokeless, and roll-your-own products, we estimate the burden to be 792 annual burden hours. The burden for each product type reflects our estimate of the time to test the tobacco products (i.e., carry out laboratory work).

    In addition to addressing the time required to report information and test quantities of HPHCs in tobacco products, section 3 of table 1 addresses the time required for manufacturers to test quantities of HPHCs in cigarette smoke. The burden estimates include testing the tobacco products, drafting testing reports, and drafting the report for FDA. We estimate the annualized burden for this section to be 2,932 hours. The annual burden reflects our estimate to test the tobacco products (i.e., carry out laboratory work). The burden estimate assumes that manufacturers report HPHC quantities in cigarette mainstream smoke according to the two smoking regimens described in the table.

    As stated previously, FDA expects to receive 600 additional HPHC reports at 1 hour per response for a total of 600 hours. The estimated total annual burden for the reporting of HPHC under section 904(c)(1) of the FD&C Act is 4,447 hours.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05213 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0735] Agency Information Collection Activities; Proposed Collection; Comment Request; Superimposed Text in Direct-to-Consumer Promotion of Prescription Drugs 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 and to allow 60 days for public comment in response to the notice. This notice solicits comments on research entitled “Superimposed Text in Direct-to-Consumer Promotion of Prescription Drugs.” This study will examine how the size and presentation of superimposed text (supers) influences the comprehension of direct-to-consumer (DTC) television advertisements for prescription drugs.

    DATES:

    Submit either electronic or written comments on the collection of information by May 9, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-N-0735 for “Superimposed Text in Direct-to-Consumer Promotion of Prescription Drugs.” 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 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.

    Superimposed Text in Direct-to-Consumer Promotion of Prescription Drugs—OMB Control Number 0910—NEW I. Background

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 300u(a)(4)) authorizes FDA to conduct research relating to health information. Section 1003(d)(2)(C) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 393(d)(2)(C)) authorizes FDA to conduct research relating to drugs and other FDA regulated products in carrying out the provisions of the FD&C Act.

    The proposed study seeks to extend previous research on the effects of supers in general print and television advertising to today's modern DTC pharmaceutical promotion. Although earlier research on the effects of supers in other consumer settings suggests that altering text size can influence consumer comprehension of information, it is unclear if these findings extend to DTC promotion of prescription drugs and are applicable over 20 years later when viewing promotional materials using today's modern technologies (e.g., tablets). Moreover, other factors such as text/background contrast may also influence both the understanding of the superimposed information (Ref. 1) and the effects of text size. The proposed research seeks to update these earlier findings and also to answer new questions concerning presentation of supers.

    Part of FDA's public health mission is to ensure the safe use of prescription drugs; therefore, it is important that the information provided in DTC promotion is clear and understandable for consumer audiences, avoids use of deceptive or misleading claims, and achieves “fair balance” in presentation of benefits and risks. For example, varying presentation formats including type size, bulleting, amount of white space, and use of “chunking” or headlines can all influence consumer perceptions of information (Ref. 2). A systematic review of presentation formats in prescription drug labeling found that these “clear communication” characteristics positively influenced consumer's comprehension of information and prescription drug behaviors (i.e., adherence) (Ref. 3). In one randomized controlled study, young and older adults were presented with 12 otherwise identical over-the-counter drugs bottled with varied container labels along various dimensions, one of which was text size (7 vs. 10 point). While younger participants performed equally well with both font sizes, elderly populations had significantly reduced recall and comprehension when exposed to the smaller text size (Ref. 4). Another study found that both young and older populations preferred the larger text size and that patients read labels with larger font more rapidly and accurately than labels with smaller font (Ref. 5). Although these studies were specific to prescription drug container labels, it is plausible that the effects of font sizes would be applicable to drug promotion.

    Some early research in the late 1980s and 1990s examined the size of supers in print and television advertising topics outside of prescription drugs (Refs. 6, 7, and 8). These studies all generally found that the text size of the super was associated with comprehension, such that the larger text sizes increased understanding of the material (and, conversely, smaller text sizes interfered with comprehension). For example, Foxman and colleagues (Ref. 6) found that whereas “small” text size (> 1/2 inch size) was associated with accurate comprehension for 59 percent of respondents, “large” text size (> 1/2 inch size) was associated with comprehension for 79 percent of respondents. Studies by other researchers (Refs. 7 and 8) found similar patterns such that increasing the text size of supers generally corresponded with increased comprehension.

    We know of no studies that have examined other commonly variable factors, such as text/background contrast, that may interact with text size to influence comprehension. Early research on text readability determined that the contrast between text and background has a consistent but small effect. Specifically, while the contrast of color has a small effect (Ref. 9), the contrast in brightness, or luminance, makes the largest difference (Ref. 10). These studies showed that black text on a white background results in the highest readability (Ref. 11), but that other effects of color contrasts are unclear (Ref .1). Some studies have demonstrated that contrast interacts with text size, such that contrast becomes a more important discriminator as the text size decreases (Ref. 12).

    The earlier research on supers is limited in their applicability to today's DTC promotion in several ways. None of these studies specifically focused on prescription drug promotion, but rather explored the effects of superimposed text in a variety of social and consumer advertising contexts. Another limitation is that these earlier studies were conducted with populations (i.e., undergraduate students) that are not representative of today's prescription drug users. It is not clear if the effects of supers would translate to older adult populations, who represent the greatest proportion of prescription drug users (Ref. 13). Perhaps most importantly, it is unknown if the effects of supers would be found today, considering the prevalent use of modern technologies, including large (40+ inches) TV screens and personal tablets for online viewing. Our proposed study seeks to address these unanswered questions regarding the use of supers in prescription drug promotion.

    II. General Research Questions

    1. Does the size of the superimposed text, the contrast behind the superimposed text, and/or the device type influence the noticeability, recall, and perceived importance of the super information?

    2. Does the size of the superimposed text, the contrast behind the superimposed text, and/or the device type influence the recall of and attitudes toward the promoted drug?

    3. Are there any interaction effects among any combination of independent variables?

    III. Design

    To test these research questions, we will conduct one randomized controlled study. We will examine reactions to supers in a fictitious DTC prescription drug promotional video on two types of viewing devices with a general population sample. The study design will be a 3 × 2 × 2 factorial design, where participants are randomly assigned to 1 of 12 experimental study arms differentiated by:

    • Super text size (small, medium, large);

    • Device type (television, tablet);

    • Super text contrast (high, low).

    Table 1—Design and Cell Sizes for Main Study 1 Device Type Super Size TV Small Medium Large Tablet Small Medium Large Total Contrast: High 106 106 106 106 106 106 636 Low 106 106 106 106 106 106 636 Total 212 212 212 212 212 212 1,272 1 The sample will be split evenly across 3 cities (Los Angeles, CA; Cincinnati, OH; and Tampa, FL), with 424 participants per city.

    For both the pretest and main study, we will work with two market research firms to recruit adult participants and conduct in-person data collection in three U.S. cities: Los Angeles, CA; Cincinnati, OH; and Tampa, FL. In addition to our aim for regional variation, we selected these three cities with the aim of recruiting a sample that is diverse on gender, race/ethnicity, education, and age characteristics.

    Participants from the general population will be invited to a market research facility to watch one video for a fictional prescription drug that treats asthma. In-person administration of study procedures will enable us to control the television and tablet watching experience in terms of size, distance, and other variables. Participants will watch the video twice and then answer questions addressing recall of risks and benefits, perceptions of risks and benefits, and questions regarding the salience of information in text. The questionnaire is available upon request. Participation is estimated to take approximately 20 minutes.

    To examine differences between experimental conditions, we will conduct inferential statistical tests such as analysis of variance.

    Pretesting will take place before the main study to select super sizes for the main study and to evaluate the procedures and measures that will be used. We will exclude individuals who work in health care or marketing settings because their knowledge and experiences may not reflect those of the average consumer. We conducted a priori power analyses to determine sample sizes for the pretest and the main study.

    FDA estimates the burden of this collection of information as follows:

    Table 2—Estimated Annual Reporting Burden 1 Activity Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average burden per
  • response
  • Total hours
    Pretesting No. to complete the screener (assumes 50% eligible) 338 1 338 0.08 (5 minutes) 27 No. of completes 240 1 240 0.33 (20 minutes) 79 Main Study No. to complete the screener (assumes 50% eligible) 1,785 1 1,785 0.08 (5 minutes) 143 No. of completes 1,272 1 1,272 0.33 (20 minutes) 420 Total 669 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    IV. References 1. Hall, R.H. and P. Hanna, “The Impact of Web page Text-Background Colour Combinations on Readability, Retention, Aesthetics and Behavioural Intention,” Behaviour & Information Technology, 2004;23:183-195. 2. Baur, C. and C. Prue, “The CDC Clear Communication Index Is a New Evidence-Based Tool to Prepare and Review Health Information,” Health Promotion Practice, 2014;15:629-637. 3. Shrank, W., J. Avorn, C. Rolon, et al., “Effect of Content and Format of Prescription Drug Labels on Readability, Understanding, and Medication Use: A Systematic Review,” The Annals of Pharmacotherapy, 2007;41:783-801. 4. Wogalter, M.S. and W.J. Vigilante, Jr., “Effects of Label Format on Knowledge Acquisition and Perceived Readability by Younger and Older Adults,” Ergonomics, 2003;46:327-344. 5. Smither, J.A.A. and C.C. Braun, “Readability of Prescription Drug Labels by Older and Younger Adults,” Journal of Clinical Psychology in Medicine Settings, 1994;1:149-159. 6. Foxman, E.R., D.D. Muehling, and P.A. Moore, “Disclaimer Footnotes in Ads: Discrepancies Between Purpose and Performance,” Journal of Public Policy & Marketing, 1988;7:127-137. 7. Murray, N.M., L.A. Manrai, and A.K. Manrai, “Public Policy Relating to Consumer Comprehension of Television Commercials: A Review and Some Empirical Results,” Journal of Consumer Policy, 1993;16:145-170. 8. Manrai, L.A., A.K. Manrai, and N. Murray, “Comprehension of Info-Aid Supers in Television Advertising for Social Ideas: Implications for Public Policy,” Journal of Business Research, 1994;30:75-84. 9. Hill, A. and L. Scharff, “Readability of Computer Displays as a Function of Colour, Saturation, and Background Texture.” In: D. Harns (Ed.) Engineering Psychology and Cognitive Ergonomics, (Vol. 4) Ashgate, Aldershot, United Kingdom. 10. Shieh, K.-K. and C.-C. Lin, “Effects of Screen Type, Ambient Illumination, and Color Combination on VDT Visual Performance and Subjective Preference,” International Journal of Industrial Ergonomics, 2000;26:527-536. 11. Tinker, M.A. and D.G. Paterson, “Studies of Typographical Factors Influencing Speed of Reading. VII. Variations in Color of Print and Background,” Journal of Applied Psychology, 1931;15:471-479. 12. Legge, G.E., G.S. Rubin, and A. Luebner, “Psychophysics of Reading—V. The Role of Contrast in Normal Vision,” Vision Research, 1987;27:1165-1177. 13. Kaufman, D.W., J.P. Kelly, L. Rosenberg, et al., “Recent Patterns of Medication Use in the Ambulatory Adult Population of the United States: The Slone Survey,” The Journal of the American Medical Association, 2002;287:337-344. Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05233 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-D-0712] Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease: Qualification for Exploratory Use; Draft Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled “Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease: Qualification for Exploratory Use.” This draft guidance provides a statement of qualification for exploratory use for the evaluating respiratory symptoms in chronic obstructive pulmonary disease (E-RS: COPD), a patient-reported outcome instrument, and summarizes the concept of interest and context of use (COU) for which the tool is qualified through the Center for Drug Evaluation and Research's (CDER's) drug development tool (DDT) qualification program. Qualification for exploratory use of the E-RS: COPD represents a conclusion that within the stated COU, the instrument can be relied on to have a specific interpretation and application in drug development and regulatory review. This draft guidance is an attachment to the guidance for industry entitled “Qualification Process for Drug Development Tools.”

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by June 7, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-D-0712 for “Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease: Qualification for Exploratory Use; Draft Guidance for Industry; Availability.” 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.

    Submit written requests for single copies of the draft guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Elektra Papadopoulos, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6377, Silver Spring, MD 20993-0002, 301-796-0900.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft guidance for industry entitled “Evaluating Respiratory Symptoms in Chronic Obstructive Pulmonary Disease, a Patient-Reported Outcome, for the Measurement of Severity of Respiratory Symptoms in Stable Chronic Obstructive Pulmonary Disease: Qualification for Exploratory Use.”

    In March 2006, FDA issued the “Critical Path Opportunities Report and List,” in which FDA described six key areas along the critical path to improved therapies and listed specific opportunities for advancement within these topic areas. The report noted that a new product development toolkit containing new scientific and technical methods was needed to improve the efficiency of drug development.

    Innovative and improved DDTs can help streamline the drug development process, improve the chances for clinical trial success, and yield more information about a treatment and/or disease. DDTs include, but are not limited to, biomarkers and clinical outcome assessments (COAs). CDER has developed a formal process, the DDT qualification process, to work with developers of these tools to guide them as they refine the tools and rigorously evaluate them for use in the regulatory context. Once qualified, DDTs will be publicly available for use in any drug development program for the qualified COU. COA DDTs are developed and reviewed using this process when they are intended ultimately for use as primary or secondary endpoints in clinical trials designed to provide substantial evidence of treatment benefit. Upon qualification by CDER, a qualification statement is provided describing the concept of interest and COU for which the tool is qualified. This draft guidance describes the qualification statement for the E-RS: COPD, a COA DDT.

    This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on the qualification for exploratory use of the E-RS: COPD. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    II. Electronic Access

    Persons with access to the Internet may obtain the draft guidance at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05224 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-D-0814] Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans; Draft Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled “Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans.” This draft guidance is intended to provide information to sponsors regarding the submission of an initial pediatric study plan (iPSP) and any amendments to the iPSP as required under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) as amended by the Food and Drug Administration Safety and Innovation Act (FDASIA). This guidance revises the draft guidance entitled “Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Pediatric Study Plans” issued July 15, 2013.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by May 9, 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-2013-D-0814 for “Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans; Draft Guidance for Industry; Availability.” 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.

    Submit written requests for single copies of the draft guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002, or Office of Communication, Outreach, and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Rosemary Addy, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6430, Silver Spring, MD 20993-0002, 301-796-1640; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft guidance for industry entitled “Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Initial Pediatric Study Plans.” The purpose of this draft guidance is to assist sponsors in the submission of an iPSP and any amendments to an iPSP. Specifically, this guidance addresses FDA's current thinking regarding the requirement for sponsors to submit an iPSP under section 505B of the FD&C Act (21 U.S.C. 355c) as amended by FDASIA.

    This guidance revises the draft guidance entitled “Pediatric Study Plans: Content of and Process for Submitting Initial Pediatric Study Plans and Amended Pediatric Study Plans” issued July 15, 2013 (78 FR 42085). Changes made in this draft guidance were based largely on public comments received by FDA on the 2013 draft guidance.

    The following topics are addressed in this draft guidance: (1) Who must submit an iPSP; (2) when an iPSP must be submitted; (3) what should be included in an iPSP; (4) what should be included in a requested amendment to an iPSP; (5) the relationship of an agreed iPSP to the requirement to submit a pediatric study plan with a marketing application; (6) what is meant by a non-agreed iPSP; and (7) processes for reaching agreement with FDA on a non-agreed iPSP. This draft guidance also includes a revised template that should be used for submission of an iPSP.

    This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on the content of and process for submitting iPSPs and amended iPSPs. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    II. The Paperwork Reduction Act of 1995

    This draft guidance includes information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information referenced in this draft guidance that are related to the burden on the submission of investigational new drug applications are covered under 21 CFR part 312, including plans for pediatric studies under 21 CFR 312.47(b)(1)(iv) and waiver requests under 21 CFR 312.10, and have been approved under OMB control number 0910-0014. The collections of information referenced in this draft guidance that are related to the burden on the submission of new drug applications are covered under 21 CFR part 314, including pediatric use information under 21 CFR 314.50(d)(7) and waiver requests under 21 CFR 314.90, and have been approved under OMB control number 0910-0001. The collections of information referenced in this draft guidance that are related to the burden on the submission of biologics license applications are covered under 21 CFR part 601, including pediatric use information and waiver requests under 21 CFR 601.27, and have been approved under OMB control number 0910-0338.

    III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or http://www.regulations.gov.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05223 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2009-N-0511] Agency Information Collection Activities; Proposed Collection; Comment Request; Medicated Feed Mill License Application AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA, we) 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 collection of information associated with Medicated Feed Mill License Applications.

    DATES:

    Submit either electronic or written comments on the collection of information by May 9, 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-2009-N-0511 for “Agency Information Collection Activities; Proposed Collection; Comment Request; Medicated Feed Mill License Application.” 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.

    Medicated Feed Mill License Application—21 CFR Part 5157—OMB Control Number 0910-0337—Revision

    Feed manufacturers that seek to manufacture feed using Category II, Type A medicated articles or manufacture certain liquid and free-choice feed, using Category I, Type A medicated articles that must follow proprietary formulas or specifications are required to obtain a facility license under section 512 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360b). Our regulations in part 515 (21 CFR part 515) establish the procedures associated with applying for a facility license. We require that a manufacturer seeking a facility license submit a completed medicated feed mill license application using Form FDA 3448 (21 CFR 515.10(b)). We use the information submitted to establish that the applicant has made the certifications required by section 512 of the FD&C Act, to register the mill, and to schedule a pre-approval inspection. We have made minor editorial revisions to Form FDA 3448, including the addition of a dedicated field for the submitter's email address in the contact information section. We estimate that the revisions will not change the amount of time necessary to complete the form.

    We require the submission of a supplemental medicated feed mill license application for a change in facility ownership or a change in facility address (21 CFR 515.11(b)). If a licensed facility is no longer manufacturing medicated animal feed under 21 CFR 515.23, a manufacturer may request voluntary revocation of a medicated feed mill license. An applicant also has the right to file a request for hearing under 21 CFR 515.30(c) to give reasons why a medicated feed mill license should not be refused or revoked.

    We estimate the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 21 CFR section and activity Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average burden per response Total hours
    Medicated Feed Mill License Application Using Form FDA 3448 (515.10(b)) 20 1 20 0.25 (15 minutes) 5 Supplemental Feed Mill License Application Using Form FDA 3448 (515.11(b)) 40 1 40 0.25 (15 minutes) 10 Voluntary Revocation of Medicated Feed Mill License (515.23) 40 1 40 0.25 (15 minutes) 10 Filing a Request for a Hearing on Medicated Feed Mill License (515.30(c)) 1 1 1 4 4 Total 29 1 “There are no capital costs or operating and maintenance costs associated with this collection of information.
    Table 2—Estimated Annual Recordkeeping Burden 1 21 CFR section and activity Number of recordkeepers Number of records per recordkeeper Total annual records Average
  • burden per
  • recordkeeping
  • Total hours
    Maintenance of Records for Approved Labeling for Each “Type B” and “Type C” Feed (510.305) 890 1 890 0.03 (2 minutes) 26.7 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

    These estimates are based on our experience with medicated feed mill license applications. We estimate that we will receive 20 medicated feed mill license applications, 40 supplemental applications, 40 requests for voluntary revocation, and that these submissions will take approximately 15 minutes per response, as shown in table 1, rows 1 through 3. We estimate that preparing a request for a hearing under 21 CFR 515.30(c) takes approximately 4 hours, as shown in table 1, row 4. In table 2, we estimate that 890 licensees will keep the records required by 21 CFR 510.305 expending a total of 26.7 hours annually.

    Dated: March 2, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05214 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0610] Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices; Public Workshop; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public workshop; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the following public workshop entitled “Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices.” The topics to be discussed are the specific analytical and clinical study designs and considerations for validation and use of liquid chromatography/mass-spectrometry (LC/MS)-based in vitro diagnostic devices (IVDs) in the clinical laboratory. The primary focus will be on the validation considerations with protein- and peptide-based LC/MS devices.

    DATES:

    The public workshop will be held on May 2, 2016, from 8:30 a.m. to 5 p.m. Submit either electronic or written comments on the public workshop by April 20, 2016.

    ADDRESSES:

    The public workshop will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31, Rm. 1503 (The Great Room), Silver Spring, MD 20993. Entrance for the public meeting participants (non-FDA employees) is through Building 1, where routine security check procedures will be performed. For parking and security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-N-0610 for the “Mass Spectrometry in the Clinic: Regulatory Considerations Surrounding Validation of Liquid Chromatography-Mass Spectrometry Based Devices” public workshop. 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 onhttp://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:

    Julia Tait Lathrop, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5614, Silver Spring, MD 20993, 240-402-5034, email: [email protected]

    I. Background

    Innovations in liquid chromatography-mass spectrometry (LC/MS) technology have dramatically improved assay throughput and precision.1 FDA has cleared and approved several LC/MS- and MS-based devices as diagnostic tests, including assays for screening newborns for metabolic diseases, for identifying microbes from human cultures, and for measuring the concentrations of therapeutic drugs in blood. Currently, however, no LC/MS-based IVDs have been cleared or approved by FDA for measuring proteins and peptides. FDA would like to enhance engagement with the clinical LC/MS community concerning the development and validation of LC/MS-based devices and to work with the community toward developing guidelines for review that will be useful and relevant to both FDA and manufacturers. Prior to the workshop, FDA will place a discussion paper on file in the public docket (docket number found in brackets in the heading of this document) and will post it at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.

    1 LC/MS includes high-performance liquid chromatography, HPLC-MS.

    II. Topics for Discussion

    This public workshop will consist of brief presentations providing information to frame the goals of the workshop, followed by interactive panel discussions. The presentations will focus on current and anticipated uses for LC/MS and discussions of different validation approaches. Following the presentations, a moderated discussion will ask speakers and additional panelists to provide their individual perspectives. Examples of topics for discussion surrounding the challenges to validation that are specific to LC/MS-based protein and peptide IVDs include:

    • Identifying pre-analytical and analytical variables that impact precision and reproducibility;

    • Defining methods of normalization, harmonization, and the use of internal standards for quantitation and device calibration;

    • Developing quality control materials; and

    • Identifying appropriate reference materials and predicate devices.

    We are soliciting comments and feedback from the clinical LC/MS community regarding additional topics for FDA to consider. We anticipate that the comments and suggestions generated through this workshop will help facilitate the development of appropriate analytical and clinical validation methods for IVDs. The agenda of the workshop will include time for public comments. These comments can be submitted to the docket prior to the meeting (see ADDRESSES).

    Registration: Registration is free and early registration is recommended because facilities are limited and, therefore, FDA may limit the number of participants from each organization. Persons interested in attending this public workshop must register online by 4 p.m. on April 22, 2016. If time and space permit, onsite registration on the day of the public workshop will be provided beginning at 7:30 a.m.

    If you need special accommodations due to a disability, please contact Susan Monahan, 301-796-5661, [email protected], no later than April 15, 2016.

    To register for the public workshop, please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list.) Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone number. Those without Internet access should contact Susan Monahan (contact for special accommodations) to register. Registrants will receive confirmation after they have been accepted. You will be notified if you are on a waiting list.

    Streaming Webcast of the Public Workshop: This public workshop will also be Webcast. The Webcast link will be available on the registration Web page after April 25, 2016. If you have never attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. FDA has verified the Web site addresses in this document, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.

    Requests for Oral Presentations: This public workshop includes a public comment session and topic-focused sessions. During online registration you may indicate if you wish to present during a public comment session or participate in a specific session, and which topics you wish to address. FDA has included general topics in this document. FDA will do its best to accommodate requests to make public comments and participate in the focused sessions. Individuals and organizations with common interests are urged to consolidate or coordinate their presentations, and request time for a joint presentation, or submit requests for designated representatives to participate in the focused sessions. Following the close of registration, FDA will determine the amount of time allotted to each presenter and the approximate time each oral presentation is to begin, and will select and notify participants by April 24, 2016. All requests to make oral presentations must be received by the close of registration at 4 p.m. on April 22, 2016. If selected for presentation, any presentation materials must be emailed to Julia Tait Lathrop (see FOR FURTHER INFORMATION CONTACT) no later than April 29, 2016. No commercial or promotional material will be permitted to be presented or distributed at the public workshop.

    FDA is holding this public workshop to obtain information on current and anticipated uses for LC/MS as well as different validation approaches. In order to permit the widest possible opportunity to obtain public comment, FDA is soliciting either electronic or written comments on all aspects of the public workshop topics. For the deadline for submitting comments related to this public workshop, see DATES.

    Transcripts: Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov. It may be viewed at the Division of Dockets Management (see ADDRESSES). 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 the Agency's Web site at http://www.fda.gov. A link to the transcripts will also be available approximately 45 days after the public workshop on the Internet at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).

    Dated: March 3, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05220 Filed 3-8-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Reimbursement Rates for Calendar Year 2016 AGENCY:

    Indian Health Service, HHS.

    ACTION:

    Notice.

    SUMMARY:

    Notice is given that the Principal Deputy Director of the Indian Health Service (IHS), under the authority of sections 321(a) and 322(b) of the Public Health Service Act (42 U.S.C. 248 and 249(b)), Public Law 83-568 (42 U.S.C. 2001(a)), and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved the following rates for inpatient and outpatient medical care provided by IHS facilities for Calendar Year 2016 for Medicare and Medicaid beneficiaries, beneficiaries of other Federal programs, and for recoveries under the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653). The Medicare Part A inpatient rates are excluded from the table below as they are paid based on the prospective payment system. Since the inpatient per diem rates set forth below do not include all physician services and practitioner services, additional payment shall be available to the extent that those services are provided.

    Inpatient Hospital Per Diem Rate (Excludes Physician/Practitioner Services) [Calendar year 2016] Lower 48 States $2,655 Alaska 3,335 Outpatient per Visit Rate (Excluding Medicare): Lower 48 States 368 Alaska 603 Outpatient Per Visit Rate (Medicare): Lower 48 States 324 Alaska 582 Medicare Part B Inpatient Ancillary Per Diem Rate: Lower 48 States 637 Alaska 1,082 Outpatient Surgery Rate (Medicare): Established Medicare rates for freestanding Ambulatory Surgery Centers. Effective Date for Calendar Year 2016 Rates

    Consistent with previous annual rate revisions, the Calendar Year 2016 rates will be effective for services provided on/or after January 1, 2016 to the extent consistent with payment authorities including the applicable Medicaid State plan.

    Dated: March 3, 2016. Mary Smith, Principal Deputy Director, Indian Health Service.
    [FR Doc. 2016-05252 Filed 3-8-16; 8:45 am] BILLING CODE 4160-16-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary and Integrative Health; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Complementary and Integrative Health Special Emphasis Panel; Mind and Body Interventions.

    Date: April 8, 2016.

    Time: 8:00 a.m. to 8:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Martina Schmidt, Ph.D., Scientific Review Officer, Office of Scientific Review, National Center for Complementary and Integrative Health, NIH, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20892, 301-594-3456, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)
    Dated: March 3, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05197 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request; A Generic Submission for Formative Research, Pretesting and Customer Satisfaction of NCI's Communication and Education Resources (NCI)

    Summary:In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Cancer Institute, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    Written comments and/or suggestions from the public and affected agencies are invited to address one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) The quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    To Submit Comments and For Further Information: To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Nina Goodman, Public Health Advisor, Office of Communication and Public Liaison, 9609 Medical Center Drive, RM 2E446 Rockville, MD, 20850 or call non-toll-free number (240) 276-6600 or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    Comment Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    Proposed Collection: A Generic Submission for Formative Research, Pretesting and Customer Satisfaction of NCI's Communication and Education Resources (NCI), 0925-0046, Expiration Date 05/31/2016, REVISION, National Cancer Institute (NCI), National Institutes of Health (NIH).

    Need and Use of Information Collection: As part of NCI's mandate from Congress to disseminate information on cancer research, detection, prevention, and treatment, the Institute develops a wide variety of messages and materials. Testing these messages and materials assesses their potential effectiveness in reaching and communicating with their intended audience while they are still in the developmental stage and can be revised. The formative research and pretesting process thus contributes to maximizing NCI's limited dollar resources for information dissemination and education. NCI also must ensure the relevance, utility, and appropriateness of the many educational programs and products that the Institute produces. Customer satisfaction studies help NCI identify modifications necessary to meet the needs of NCI's various target audiences. Since the previous submission, there have been 10 approved sub-studies with an approved request of just under 1400 burden hours over 2.5 years. Approval is requested for the conduct of multiple studies annually using such methods as interviews, focus groups, and various types of surveys. The content, timing, and number of respondents to be included in each sub-study will vary, depending on the nature of the message/material/program being assessed, the methodology selected, and the target audiences.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 33,000.

    Estimated Annualized Burden Hours Category of respondents Form name Number of
  • respondents
  • Frequency of response per respondent Time
  • per response
  • (in hours)
  • Burden hours
    Healthcare Providers and Professionals including those working in health field (e.g., cancer researchers) Focus Groups, Individual In-Depth Interviews, Brief Interviews, Surveys, Website Usability Testing 16,500 1 1 16,500 General Public, Cancer Patients, Friends and Families of Patients Focus Groups, Individual In-Depth Interviews, Brief Interviews, Surveys, Website Usability Testing 16,500 1 1 16,500 Totals 33,000 33,000 33,000
    Dated: February 23, 2016. Karla Bailey, Project Clearance Liaison, National Cancer Institute, NIH.
    [FR Doc. 2016-05194 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-15-357: Understanding Alzheimer's Disease in the Context of the Aging Brain.

    Date: March 16-17, 2016.

    Time: 11:00 a.m. to 5:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Boris P. Sokolov, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5217A, MSC 7846, Bethesda, MD 20892, 301-408-9115, [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; PAR Panel; Ethical, Legal and Policy Issues in Research on HIV/AIDS and its Co-Morbidities.

    Date: March 18, 2016.

    Time: 10:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Shalanda A. Bynum, MPH, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive Room 3206, Bethesda, MD 20892, 301-755-4355, [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; HIV/AIDS Innovative Research Applications.

    Date: March 24-25, 2016.

    Time: 10:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Jingsheng Tuo, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5207, Bethesda, MD 20892, 301-451-8754, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel, Member Conflict: Bioengineering Sciences.

    Date: March 24, 2016.

    Time: 2:30 p.m. to 5:00 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: Craig Giroux, Ph.D., Scientific Review Officer, BST IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5150, Bethesda, MD 20892, 301-435-2204, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business: Nephrology.

    Date: March 29, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Atul Sahai, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2188, MSC 7818, Bethesda, MD 20892, 301-435-1198, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Fellowships: Risk, Prevention and Health Behavior.

    Date: March 29, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015.

    Contact Person: Lee S. Mann, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3224, MSC 7808, Bethesda, MD 20892, 301-435-0677, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Pathogenic Eukaryotes and Vectors.

    Date: March 29, 2016.

    Time: 10:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: John C. Pugh, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3114, MSC 7808, Bethesda, MD 20892, (301) 435-2398, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Vascular Biology and Hematology AREA.

    Date: March 29, 2016.

    Time: 2:00 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 (Virtual Meeting).

    Contact Person: Larry Pinkus, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4132, MSC 7802, Bethesda, MD 20892, (301) 435-1214, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 2, 2016. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05195 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; K12 Pediatric Endocrinologist Career Development Program Grant Review.

    Date: April 8, 2016.

    Time: 2:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Carol J. Goter-Robinson, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7347, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-7791, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: March 3, 2016. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05201 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Notice of Diabetes Mellitus Interagency Coordinating Committee Meeting SUMMARY:

    The Diabetes Mellitus Interagency Coordinating Committee (DMICC) will hold a meeting on March 29, 2016. The subject of the meeting will be initiatives in natural experiments for diabetes prevention and control being sponsored by the Centers for Disease Control and Prevention, the National Institute of Diabetes and Digestive and Kidney Diseases, and the Patient-Centered Outcomes Research Institute. The meeting is open to the public.

    DATES:

    The meeting will be held on March 29, 2016 from 1:00 p.m. to 4:30 p.m. Individuals wanting to present oral comments must notify the contact person at least 10 days before the meeting date.

    ADDRESSES:

    The meeting will be held in the NIH campus, 9000 Rockville Pike, Bethesda, MD 20892-2560, Building 31, Conference Room 6C6.

    FOR FURTHER INFORMATION CONTACT:

    For further information concerning this meeting, see the DMICC Web site, www.diabetescommittee.gov, or contact Dr. B. Tibor Roberts, Executive Secretary of the Diabetes Mellitus Interagency Coordinating Committee, National Institute of Diabetes and Digestive and Kidney Diseases, 31 Center Drive, Building 31A, Room 9A19, MSC 2560, Bethesda, MD 20892-2560, telephone: 301-496-6623; FAX: 301-480-6741; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The DMICC, chaired by the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK) comprising members of the Department of Health and Human Services and other federal agencies that support diabetes-related activities, facilitates cooperation, communication, and collaboration on diabetes among government entities. DMICC meetings, held several times a year, provide an opportunity for Committee members to learn about and discuss current and future diabetes programs in DMICC member organizations and to identify opportunities for collaboration. The March 29, 2016 DMICC meeting will focus on initiatives in natural experiments for diabetes prevention and control.

    Any member of the public interested in presenting oral comments to the Committee should notify the contact person listed on this notice at least 10 days in advance of the meeting. Interested individuals and representatives or organizations should submit a letter of intent, a brief description of the organization represented, and a written copy of their oral presentation in advance of the meeting. Only one representative of an organization will be allowed to present; oral comments and presentations will be limited to a maximum of 5 minutes. Printed and electronic copies are requested for the record. In addition, any interested person may file written comments with the Committee by forwarding their 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. Because of time constraints for the meeting, oral comments will be allowed on a first-come, first-serve basis.

    Members of the public who would like to receive email notification about future DMICC meetings should register for the listserv available on the DMICC Web site, www.diabetescommittee.gov.

    Dated: March 3, 2016. B. Tibor Roberts, Executive Secretary, DMICC, Office of Scientific Program and Policy Analysis, National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of Health.
    [FR Doc. 2016-05209 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Optimizing Care for Patients with Sickle Cell Disease—Data Coordinating Center.

    Date: April 1, 2016.

    Time: 10:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7200, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Michael P. Reilly, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA National Heart, Lung, and Blood Institute 6701 Rockledge Drive, Room 7200, Bethesda, MD 20892, 301-496-9659, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: March 3, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05199 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Par Panel: Microbiome in HIV vaccine.

    Date: March 31, 2016.

    Time: 11:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Barna Dey, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3184, Bethesda, MD 20892, 301-451-2796, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Vascular and Hematology.

    Date: April 5, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Natalia Komissarova, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5207, MSC 7846, Bethesda, MD 20892, 301-435-1206, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 3, 2016. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05196 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary & Integrative Health; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Complementary and Integrative Health Special Emphasis Panel; Chelation Therapy Research.

    Date: April 6, 2016.

    Time: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health; Two Democracy Plaza; 6707 Democracy Boulevard; Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Hungyi Shau, Ph.D.; Scientific Review Officer; National Center for Complementary and Integrative Health; National Institutes of Health; 6707 Democracy Boulevard, Suite 401; Bethesda, MD 20892; 301-480-9504; [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)
    Dated: March 3, 2016. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05198 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01).

    Date: April 8, 2016.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Roberta Binder, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G21A, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5050, [email protected]

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIH Support for Conferences and Scientific Meetings (Parent R13/U13) April 12-14, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Virtual Meeting).

    Contact Person: Kelly Y. Poe, Scientific Review Program, Division of Extramural Activities, Room 3F40B, National Institutes of Health, NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, (240) 669-5036, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: March 2, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-05200 Filed 3-8-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2012-0043] Agency Information Collection Activities: Submission for Review; Information Collection Extension Request for the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act Program AGENCY:

    Science and Technology Directorate, DHS.

    ACTION:

    30-day Notice and request for comments.

    SUMMARY:

    The Department of Homeland Security (DHS) is soliciting public comment on the following forms: Registration as a Seller of an Anti-Terrorism Technology (DHS Form 10010); Request for a Pre-Application Consultation (DHS Form 10009); Notice of License of Qualified Anti-Terrorism Technology (QATT) (DHS Form 10003); Notice of Modification of QATT (DHS Form 10002); Application for Transfer of Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) Designation and Certification (DHS Form 10001); Application for Renewal of SAFETY Act Protections of a QATT (DHS Form 10057); Application for SAFETY Act Developmental Testing and Evaluation Designation (DHS Form 10006); Application for SAFETY Act Designation (DHS Form 10008); Application for SAFETY Act Certification (DHS Form 10007); SAFETY Act Block Designation Application (DHS Form 10005); and SAFETY Act Block Certification Application (DHS Form 10004).

    DATES:

    Comments are encouraged and will be accepted until April 8, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2012-0043, by one of the following methods:

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

    Email: [email protected] Please include docket number DHS-2012-0043 in the subject line of the message.

    Mail: Science and Technology Directorate, ATTN: SAFETY Act, 245 Murray Lane SW., Mail Stop 0202, Washington, DC 20528.

    FOR FURTHER INFORMATION CONTACT:

    [email protected] (202) 254-8643 (Not a toll free number).

    SUPPLEMENTARY INFORMATION:

    DHS S&T provides a secure Web site, accessible through www.SAFETYAct.gov, through which the public can learn about the program, submit applications for SAFETY Act protections, submit questions to the Office of SAFETY Act Implementation (OSAI), and provide feedback. The data collection forms have standardized the collection of information that is both necessary and essential for the DHS OSAI.

    The SAFETY Act program promotes the development and use of anti-terrorism technologies that will enhance the protection of the nation and provides risk management and litigation management protections for sellers of QATT and others in the supply and distribution chain. DHS S&T currently has approval to collect information for the implementation of the SAFETY Act program until March 31, 2016. With this notice, DHS S&T seeks approval to renew this information collection for continued use after this date. The SAFETY Act program requires the collection of this information in order to evaluate and qualify Anti-Terrorism Technologies, based on the economic and technical criteria contained in the Final Rule titled, Regulations Implementing the Support Anti-Terrorism by Fostering Effective Technologies Act, for protection in accordance with the Act, and therefore encourage the development and deployment of new and innovative anti-terrorism products and services. The SAFETY Act (6 U.S.C. 441) was enacted as part of the Homeland Security Act of 2002, Public Law 107-296 establishing this requirement. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Public Law 104-13, 44 U.S.C. chapter 35).

    DHS S&T currently has approval to collect information utilizing the Registration of a Seller as an Anti-Terrorism Technology (DHS Form 10010), Request for a Pre-Application Consultation (DHS Form 10009), Notice of License of QATT (DHS Form 10003), Notice of Modification of QATT (DHS Form 10002), Application for Transfer of SAFETY Act Designation and Certification (DHS Form 10001), Application for Renewal of SAFETY Act Protections of a QATT (DHS Form 10057), Application for SAFETY Act Developmental Testing and Evaluation Designation (DHS Form 10006), Application for SAFETY Act Designation (DHS Form 10008), Application for SAFETY Act Certification (DHS Form 10007), SAFETY Act Block Designation Application (DHS Form 10005), SAFETY Act Block Certification Application (DHS Form 10004) until March 31, 2016 with OMB approval number 1640-0001.

    The Department is committed to improving its information collection and urges all interested parties to suggest how these materials can further reduce burden while seeking necessary information under the Act.

    DHS is particularly interested in comments that:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    (3) Suggest ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Suggest ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    Overview of Information Collection

    (1) Type of Information Collection: Existing information collection.

    (2) Title of the Form/Collection: SAFETY Act Program.

    (3) Agency Form Number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: DHS S&T, DHS Forms 10001, 10002, 10003, 10004, 10005, 10006, 10007, 10008, 10009, 10010, and 10057.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: Business entities, associations, and State, local and tribal government entities. Applications are reviewed for benefits, technology/program evaluations, and regulatory compliance.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:

    a. Estimate of the total number of respondents: 950.

    b. An estimate of the time for an average respondent to respond: 18.2 burden hours.

    (6) An estimate of the total public burden (in hours) associated with the collection: 17,300 burden hours.

    Dated: March 2, 2016. Rick Stevens, Chief Information Officer for Science and Technology.
    [FR Doc. 2016-05285 Filed 3-8-16; 8:45 am] BILLING CODE 9110-9F-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Aircraft Operator Security AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-day Notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), OMB control number 1652-0003, abstracted below to the Office of Management and Budget (OMB) for review and approval of a revision of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on November 17, 2015, 80 FR 71817. The ICR describes the nature of the information collection and its expected burden. Aircraft operators must provide certain information to TSA and adopt and implement a TSA-approved security program. These programs require aircraft operators to maintain and update records to ensure compliance with security provisions outlined in 49 CFR part 1544.

    DATES:

    Send your comments by April 8, 2016. A comment to OMB is most effective if OMB receives it within 30 days of publication.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, OMB. Comments should be addressed to Desk Officer, Department of Homeland Security/TSA, and sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh, TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011; telephone (571) 227-2062; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at http://www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Information Collection Requirement

    Title: Aircraft Operator Security.

    Type of Request: Revision of a currently approved collection.

    OMB Control Number: 1652-0003.

    Forms(s): N/A.

    Affected Public: Aircraft Operators.

    Abstract: 49 CFR part 1544 requires aircraft operators to maintain, update, and comply with TSA-approved comprehensive security programs to ensure the safety of persons and property traveling on their flights against acts of criminal violence and air piracy, and the introduction of explosives, incendiaries, or weapons aboard an aircraft. These programs and related records are subject to TSA inspection. For purposes of consolidating ICRs and streamlining TSA's collections, TSA is seeking to revise its OMB control number, 1652-0003, Aircraft Operator Security, to include the recordkeeping requirement under OMB control number 1652-0006, pertaining to 49 CFR part 1544. OMB control number 1652-0006, Employment Standards, involves the requirement for aircraft operators to maintain records of compliance with part 1544 for selected flight crew and security employees.

    Number of Respondents: 622

    Estimated Annual Burden Hours: An estimated 2,256,224 hours annually.

    Dated: March 3, 2016. Christina A. Walsh, Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-05168 Filed 3-8-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5909-N-12] 30-Day Notice of Proposed Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: April 8, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on December 15, 2015.

    A. Overview of Information Collection

    Title of Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties.

    OMB Approval Number: 2528-0165.

    Type of Request: Revision of currently approved collection.

    Form Number: HUD-52695 (HUD LIHTC Database Data Collection Form); HUD-52697 (HUD LIHTC Tenant Data Collection Form).

    Description of the need for the information and proposed use: Section 2835(d) of the Housing and Economic Recovery Act, or HERA, (Pub. L. 110-289, approved July 30, 2008) amends Title I of the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq.) (1937 Act) to add a new section 36 (codified as 42 U.S.C. 1437z-8) that requires each state agency administering tax credits under section 42 of the Internal Revenue Code of 1986 (low-income housing tax credits or LIHTC) to furnish HUD, not less than annually, information concerning the race, ethnicity, family composition, age, income, use of rental assistance under section 8(o) of the U.S. Housing Act of 1937 or other similar assistance, disability status, and monthly rental payments of households residing in each property receiving such credits through such agency.

    New section 36 requires HUD to establish standards and definitions for the information to be collected by state agencies and to provide states with technical assistance in establishing systems to compile and submit such information and, in coordination with other federal agencies administering housing programs, establish procedures to minimize duplicative reporting requirements for properties assisted under multiple housing programs. In 2010, OMB approved the first collection instrument used for the collection of LIHTC household information (expiration date 05/31/2013). HUD used the previously approved form to collect data on LIHTC tenants in 2010, 2011 and 2012. The form was approved with minor changes in 2013 with an expiration of 6/30/2016. Renewal of this form is required for HUD to remain in compliance with the statute.

    Respondents (i.e. affected public): State and local LIHTC administering agencies.

    Estimated Number of Respondents: 59.

    Estimated Number of Responses: 118.

    Frequency of Response: Annual.

    Average Hours per Response: 48.

    Total Estimated Burdens: 2,832 hours.

    Information collection Number of
  • respondents
  • Frequency of response Responses
  • per annum
  • Burden hour per response Annual burden
  • hours
  • Hourly cost
  • per response
  • Annual cost
    52695 (Tenant) 59 1 1 40 2360 $34.02 $80,287 52697 (Property) 59 1 1 8 472 34.02 16,057 Total 48 2,832 96,344
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: February 24, 2016. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-05211 Filed 3-8-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMTC 00900.L16100000.DP0000 MO4500090953] Notice of Public Meeting, Eastern Montana Resource Advisory Council Meeting AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Eastern Montana Resource Advisory Council (RAC) will meet as indicated below.

    DATES:

    The Eastern Montana Resource Advisory Council meeting will be held on March 24, 2016, in Miles City, Montana. The meeting will start at 8:00 a.m. and adjourn at approximately 4:00 p.m.

    FOR FURTHER INFORMATION CONTACT:

    Mark Jacobsen, Public Affairs Specialist, BLM Eastern Montana/Dakotas District, 111 Garryowen Road, Miles City, Montana, 59301; (406) 233-2831; [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-677-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The 15-member council advises the Secretary of the Interior through the BLM on a variety of planning and management issues associated with public land management in eastern Montana. At this meeting, topics will include: An Eastern Montana/Dakotas District report, Billing Field Office and Miles City Field Office manager reports, a travel management subcommittee report, individual RAC member reports and other issues the council may raise. All meetings are open to the public and the public may present written comments to the council. Each formal RAC meeting will have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, tour transportation or other reasonable accommodations should contact the BLM as provided above.

    Authority:

    43 CFR 1784.4-2

    Diane M. Friez, Eastern Montana/Dakotas District Manager.
    [FR Doc. 2016-05308 Filed 3-8-16; 8:45 am] BILLING CODE 4310-DN-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLORM00000.L63100000.HD0000.16XL1116AF.HAG 16-0094] Southwest Oregon Resource Advisory Council; Notice of Public Meeting AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act, the Bureau of Land Management's (BLM) Southwest Oregon Resource Advisory Council (RAC) will meet as indicated below.

    DATES:

    The RAC will meet on Wednesday, March 23rd from 12:00-5:00 p.m. and March 24th, 2016, from 9:00 a.m.-4:00 p.m. The RAC members will visit Recreational Fee sites and visit completed Secure Rural Schools Title II project locations in Roseburg, Oregon. The Thursday, March 24th meeting will be held at the Roseburg BLM office at 777 NW Garden Valley Blvd., Roseburg, OR 97471. The RAC will review and vote on fee increases for overnight camping and pavilion rentals at its Roseburg District recreation sites. On Thursday, March 24th, the public comment period will occur from 9:00-9:30 a.m.

    FOR FURTHER INFORMATION CONTACT:

    Christina Beslin, Coordinator for the Southwest Oregon RAC, 3040 Biddle Rd., Medford, OR 97504, (541) 618-2371, [email protected], or Jim Whittington, Public Affairs Specialist, 3040 Biddle Rd., Medford, OR 97504, (541) 618-2220, [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1(800) 877-8339 to contact the above individuals during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individuals. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    The fifteen-member Southwest Oregon RAC was chartered to serve in an advisory capacity concerning the planning and management of the public land resources located within the BLM's Medford, Roseburg and Lakeview Districts. Members represent an array of stakeholder interests in the land and resources from within the local area and statewide. Planned agenda items include reviewing and voting on Recreation Fee submissions for Roseburg in Southwest Oregon. On the second day members of the public will have the opportunity to make comments to the RAC during a public comment period. All advisory committee meetings are open to the public. Persons wishing to make comments during the public comment period should register in person with the BLM, at the meeting location, proceeding that meeting day's comment period. Depending on the number of persons wishing to comment, the length of comments may be limited. The public may send written comments to the RAC at the Medford District office, 3040 Biddle Rd., Medford, OR 97504. The BLM appreciates all comments.

    Genivieve Rasmussen, Acting Medford Associate District Manager.
    [FR Doc. 2016-05321 Filed 3-8-16; 8:45 am] BILLING CODE 4310-33-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLOR957000-L14400000-BJ0000-16XL1109AF: HAG 16-0095] Filing of Plats of Survey: Oregon/Washington AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management, Oregon State Office, Portland, Oregon, 30 days from the date of this publication.

    WILLAMETTE MERIDIAN Oregon T. 16 S., R. 7 W., accepted November 17, 2015.
    ADDRESSES:

    A copy of the plats may be obtained from the Public Room at the Bureau of Land Management, Oregon State Office, 1220 SW. 3rd Avenue, Portland, Oregon 97204, upon required payment.

    FOR FURTHER INFORMATION CONTACT:

    Kyle Hensley, (503) 808-6132, Branch of Geographic Sciences, Bureau of Land Management, 1220 SW. 3rd Avenue, Portland, Oregon 97204. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    A person or party who wishes to protest against this survey must file a written notice with the Oregon State Director, Bureau of Land Management, stating that they wish to protest. A statement of reasons for a protest may be filed with the notice of protest and must be filed with the Oregon State Director within thirty days after the protest is filed. If a protest against the survey is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed or otherwise resolved. Before including your address, phone number, email address, or other personally identifying information in your comment, you should be aware that your entire comment—including your personally identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifying information from public review, we cannot guarantee that we will be able to do so.

    Timothy J. Moore, Acting, Chief Cadastral Surveyor of Oregon/Washington.
    [FR Doc. 2016-05320 Filed 3-8-16; 8:45 am] BILLING CODE 4310-33-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520] Notice of Proposed Information Collection; Request for Comments for 1029-0080 AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for our Permanent Regulatory Program Requirements—Standards for Certification of Blasters, has been forwarded to the Office of Management and Budget (OMB) for review and approval. This information collection activity was previously approved by OMB and assigned control number 1029-0080. This information collection request describes the nature of the information collection and its expected burden.

    DATES:

    OMB has up to 60 days to approve or disapprove the information collection requests but may respond after 30 days. Therefore, public comments should be submitted to OMB by April 8, 2016, to be assured of consideration.

    ADDRESSES:

    Submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, Department of the Interior Desk Officer, via email at [email protected], or by facsimile to (202) 395-5806. Also, please send a copy of your comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203—SIB, Washington, DC 20240, or electronically to [email protected] Please reference 1029-0080 in your correspondence.

    FOR FURTHER INFORMATION CONTACT:

    To receive a copy of the information collection request contact John Trelease at (202) 208-2783, or electronically at [email protected] You may also review the information collection request online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION:

    OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. OSMRE has submitted the request to OMB to renew its approval for the collection of information found at 30 CFR part 850. OSMRE is requesting a 3-year term of approval for this information collection activity. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1029-0080, and may be found in OSMRE's regulations at 30 CFR 850.10.

    As required under 5 CFR 1320.8(d), a Federal Register notice soliciting comments on this collection was published on December 22, 2015 (80 FR 79610). No comments were received. This notice provides the public with an additional 30 days in which to comment on the following information collection activity:

    Title: 30 CFR part 850—Permanent Regulatory Program Requirements—Standards for Certification of Blasters.

    OMB Control Number: 1029-0080.

    Summary: The information is used to identify and evaluate new blaster certification programs. Part 850 implements section 719 of the Surface Mining Control and Reclamation Act (SMCRA). Section 719 requires the Secretary of the Interior to issue regulations which provide for each State regulatory authority to train, examine and certify persons for engaging in blasting or use of explosives in surface coal mining operations. Each State that wishes to certify blasters must submit a blasters certification program to OSMRE for approval.

    Bureau Form Numbers: None.

    Frequency of Collection: Once.

    Description of Respondents: State regulatory authorities and Indian tribes.

    Total Annual Responses: 1.

    Total Annual Burden Hours: 267 hours.

    Obligation to Respond: Required in order to obtain or retain benefits.

    Send comments on the need for the collection of information for the performance of the functions of the agency; the accuracy of the agency's burden estimates; ways to enhance the quality, utility and clarity of the information collection; and ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information, to the places listed in ADDRESSES. Please refer to control number 1029-0080 in all correspondence.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Dated: March 3, 2016. John A. Trelease, Acting Chief, Division of Regulatory Support.
    [FR Doc. 2016-05146 Filed 3-8-16; 8:45 am] BILLING CODE 4310-05-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 332-503] Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel From the Dominican Republic, Seventh Annual Review AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice of opportunity to provide written comments in connection with the Commission's seventh annual review.

    SUMMARY:

    The U.S. International Trade Commission (Commission) has announced its schedule, including deadlines for filing written submissions, in connection with the preparation of its seventh annual review in investigation No. 332-503, Earned Import Allowance Program: Evaluation of the Effectiveness of the Program for Certain Apparel from the Dominican Republic, Seventh Annual Review.

    DATES:

    April 15, 2016: Deadline for filing written submissions.

    July 29, 2016: Transmittal of seventh report to House Committee on Ways and Means and Senate Committee on Finance.

    ADDRESSES:

    All Commission offices, including the Commission's hearing rooms, are located in the United States International Trade Commission Building, 500 E Street SW., Washington, DC. All written submissions, including statements, and briefs, should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Project Leader Laura Rodriguez (202-205-3499 or [email protected]) for information specific to this investigation. For information on the legal aspects of this investigation, contact William Gearhart of the Commission's Office of the General Counsel (202-205-3091 or [email protected]). The media should contact Margaret O'Laughlin, Office of External Relations (202-205-1819 or [email protected]). Hearing-impaired individuals may obtain information on this matter by contacting the Commission's TDD terminal at 202-205-1810. General information concerning the Commission may also be obtained by accessing its Web site (http://www.usitc.gov). Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000.

    Background: Section 404 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (DR-CAFTA Act) (19 U.S.C. 4112) required the Secretary of Commerce to establish an Earned Import Allowance Program (EIAP) and directed the Commission to conduct annual reviews of the program to evaluate its effectiveness and make recommendations for improvements. Section 404 of the DR-CAFTA Act authorizes certain apparel articles wholly assembled in an eligible country to enter the United States free of duty if accompanied by a certificate that shows evidence of the purchase of certain U.S. fabric. The term “eligible country” is defined to mean the Dominican Republic. More specifically, the program allows producers (in the Dominican Republic) that purchase a certain quantity of qualifying U.S. fabric to produce certain cotton bottoms in the Dominican Republic to receive a credit that can be used to ship a certain quantity of eligible apparel using third-country fabrics from the Dominican Republic to the United States free of duty.

    Section 404(d) directs the Commission to conduct an annual review of the program to evaluate the effectiveness of the program and make recommendations for improvements. The Commission is required to submit its reports containing the results of its reviews to the House Committee on Ways and Means and the Senate Committee on Finance. Copies of the Commission's first six annual reviews are available on the Commission's Web site at www.usitc.gov, including the sixth annual review, which was published on July 24, 2015 (ITC Publication 4544). The Commission expects to submit its report on its seventh annual review by July 29, 2016.

    The Commission instituted this investigation pursuant to section 332(g) of the Tariff Act of 1930 to facilitate docketing of submissions and also to facilitate public access to Commission records through the Commission's EDIS electronic records system.

    Written Submissions: Interested parties are invited to file written submissions concerning this seventh annual review. All written submissions should be addressed to the Secretary, and all such submissions should be received no later than 5:15 p.m., April 15, 2016. All written submissions must conform with the provisions of section 201.8 of the Commission's Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 and the Commission's Handbook on Filing Procedures require that interested parties file documents electronically on or before the filing deadline and submit eight (8) true paper copies by 12:00 p.m. eastern time on the next business day. In the event that confidential treatment of a document is requested, interested parties must file, at the same time as the eight paper copies, at least four (4) additional true paper copies in which the confidential information must be deleted (see the paragraph below for further information regarding confidential business information). Persons with questions regarding electronic filing should contact the Office of the Secretary, Docket Services Division (202-205-1802).

    Any submissions that contain confidential business information (CBI) must also conform with the requirements in section 201.6 of the Commission's Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the confidential or non-confidential version, and that the confidential business information is clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available for inspection by interested parties.

    The Commission intends to prepare only a public report in this investigation. The report that the Commission makes available to the public will not contain confidential business information. However, all information, including confidential business information, submitted in this investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel solely for cybersecurity purposes. The Commission will not otherwise disclose any confidential business information in a manner that would reveal the operations of the firm supplying the information.

    Summaries of Written Submissions: The Commission intends to publish summaries of the positions of interested persons in this report. If you wish to have a summary of your position included in an appendix of the report, please include a summary with your written submission. The summary may not exceed 500 words, should be in MSWord format or a format that can be easily converted to MSWord, and should not include any confidential business information. The summary will be published as provided if it meets these requirements and is germane to the subject matter of the investigation. In the report the Commission will identify the name of the organization furnishing the summary, and will include a link to the Commission's Electronic Document Information System (EDIS) where the full written submission can be found.

    By order of the Commission.

    Issued: March 3, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-05225 Filed 3-8-16; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1313 (Preliminary)] 1,1,1,2-Tetrafluoroethane (R-134a) From China; Institution of Antidumping Duty Investigation and Scheduling of Preliminary Phase Investigation AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping duty investigation No. 731-TA-1313 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of 1,1,1,2-Tetrafluoroethane (R-134a) from China, provided for in subheading 2903.39.20 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping duty investigations in 45 days, or in this case by April 18, 2016. The Commission's views must be transmitted to Commerce within five business days thereafter, or by April 25, 2016.

    DATES:

    Effective Date: March 3, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Amy Sherman (202-205-3289), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—This investigation is being instituted, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)), in response to a petition filed on March 3, 2016, by the American HFC Coalition and its individual members (Amtrol, Inc., West Warwick, Rhode Island; Arkema, Inc., King of Prussia, Pennsylvania; The Chemours Company FC LLC, Wilmington, Delaware; Honeywell International Inc., Morristown, New Jersey; Hudson Technologies, Pearl River, New York; Mexichem Fluor Inc., St. Gabriel, Louisiana; and Worthington Industries, Inc., Columbus, Ohio) and District Lodge 154 of the International Association of Machinists and Aerospace Workers.

    For further information concerning the conduct of this investigation and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).

    Participation in the investigation and public service list.—Persons (other than petitioners) wishing to participate in the investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to this investigation upon the expiration of the period for filing entries of appearance.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in this investigation available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigation under the APO issued in the investigation, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Conference.—The Commission's Director of Investigations has scheduled a conference in connection with this investigation for 9:30 a.m. on Thursday, March 24, 2016, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to [email protected] and [email protected] (DO NOT FILE ON EDIS) on or before Tuesday, March 22, 2016. Parties in support of the imposition of antidumping duties in this investigation and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference.

    Written submissions.—As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before March 29, 2016, a written brief containing information and arguments pertinent to the subject matter of the investigation. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing.

    In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Authority:

    This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules.

    By order of the Commission.

    Issued: March 4, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-05245 Filed 3-8-16; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-16-007] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission

    TIME AND DATE:

    March 11, 2016 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000

    STATUS:

    Open to the public

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None.

    2. Minutes.

    3. Ratification List.

    4. Vote in Inv. Nos. 701-TA-556 and 731-TA-1311 (Preliminary) (Truck and Bus Tires from China). The Commission is currently scheduled to complete and file its determinations on March 14, 2016; views of the Commission are currently scheduled to be completed and filed on March 21, 2016.

    5. Vote in Inv. No. 731-TA-1269 (Final) (Silicomanganese from Australia). The Commission is currently scheduled to complete and file its determination and views of the Commission on March 23, 2016.

    6. Outstanding action jackets: None.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    Issued: March 1, 2016.

    By order of the Commission.

    William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2016-05356 Filed 3-7-16; 11:15 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Specialty Vehicle Institute of America

    Notice is hereby given that, on February 5, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Specialty Vehicle Institute of America (“SVIA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Arctic Cat Inc., Thief River Falls, MN; BRP, Inc., Valcourt, QUEBEC; American Honda Motor Corp., Torrance, CA; Kawasaki Motors Corp., U.S.A., Irvine, CA; KYMCO USA, Spartanburg, SC; Polaris Industries Inc., Medina, MN; Textron Inc., Providence, RI; and Yamaha Motor Corporation, U.S.A., Cypress, CA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and SVIA intends to file additional written notifications disclosing all changes in membership.

    On October 14, 2005, SVIA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on November 25, 2005 (70 FR 71172).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05297 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Node.js Foundation

    Notice is hereby given that, on February 10, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Node.js Foundation has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Red Hat, Inc., Raleigh, NC; RisingStack, Budapest, HUNGARY; Yahoo, Inc., Sunnyvale, CA; and AppDynamics, Inc., San Francisco, CA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Node.js Foundation intends to file additional written notifications disclosing all changes in membership.

    On August 17, 2015, Node.js Foundation filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on September 28, 2015 (80 FR 58297).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05283 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Digital Manufacturing Design Innovation Institute

    Notice is hereby given that, on January 5, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Digital Manufacturing Design Innovation Institute (“DMDII”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.

    Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: Kentucky Cabinet for Economic Development, Frankfort, KY; Iowa State University, Ames, IA; Northwestern University, Evanston, IL; Rochester Institute of Technology, Rochester, NY; University at Buffalo, The State University of New York, Buffalo, NY; University of Cincinnati, Cincinnati, OH; University of Illinois-Chicago, Chicago, IL; University of Illinois, Urbana-Champaign, IL; University of Louisville, Louisville, KY; University of Michigan, Ann Arbor, MI; University of Nebraska, Lincoln, NE; General Electric, Niskayuna, NY; Lockheed Martin, Bethesda, MD; Rolls-Royce, Indianapolis, IN; Siemens Product Lifecycle Management Software, Plano, TX; The Regents of the University of Colorado, Boulder, CO; Georgia Tech, Atlanta, GA; Missouri University of Science and Technology, Rolla, MO; Oregon State University, Corvallis, OR; Purdue University, West Lafayette, IN; University of Iowa, Iowa City, IA; University of Wisconsin, Madison, WI; Boeing Company, Hazelwood, MO; Caterpillar, Mossville, IL; Deere and Company, Moline, IL; Illinois Tool Works, Glenview, IL; Microsoft, Redmond, WA; Palo Alto Research Center, Palo Alto, CA; Proctor & Gamble, Cincinnati, OH; Arizona State University, Tempe, AZ; Eastern Iowa Community College, Davenport, IA; Indiana University, Bloomington, IN; Mississippi State University, Starkville, MS; Northern Illinois University, DeKalb, IL; Ohio State University, Columbus, OH; Southwest Research Institute, San Antonio, TX; The Pennsylvania State University, University Park, PA; University of Alabama, Birmingham, AL; University of Delaware, Newark, DE; University of Kentucky, Lexington, KY; Vanderbilt University, Nashville, TN; Virginia Polytechnic Institute and State University, Blacksburg, VA; Western Illinois University, Macomb, IL; 3D Systems, Rock Hill, SC; 3Degrees, Chicago, IL; 3rd Dimension, Indianapolis, IN; 4D Technology, Tucson, AZ; Advanced Dimensional Management, Sherwood, OR; Aeroeda, Jacksonville, FL; Alicona Corporation, Barlett, IL; Anark Corporation, Boulder, CO; aPriori Technologies, Concord, IL; Astronautics Corporation of America, Milwaukee, WI; Atlas Tool Works, Lyons, IL; Ausco, Inc., Farmingdale, NY; Authentise, Inc., Moffett Field, CA; Aztecs Plastic Company, Chicago, IL; BAE Systems Land & Armaments, Arlington, VA; Big Kaiser, Hoffman Estates, IL; Bi-Link, Bloomingdale, IL; BlueSwarf LLC, State College, PA; Boston Consulting Group, Boston, MA; Capvidia, New Ulm, MN; CH Tech, Irvine, CA; Chicago Scenic Studios, Chicago, IL; Chicago White Metal Castings, Bensenville, IL; Cisco Systems, Inc., San Jose, CA; Concurrent Technologies Corporation (CTC), Johnstown, PA; Craig Technologies, Cape Canaveral, FL; Crestlight Ventures, Santa Clara, CA; Daqri, Los Angeles, CA; Design Mill, Dubuque, IA: Dynamic Motion Control, Chicago, IL; EDM Department Inc., Bartlett, IL; Erwin Junker Machinery, Inc., Elgin, IL; ESI North America, Farmington Hills, MI; Fellaroy Corporation, Chicago, IL; Fujitsu Network Communications, Inc., Richardson, TX; Galois, Portland, OR; Grainger, Lake Forest, IL; Grant Thornton, Chicago, IL; Graphicast, Jaffrey, NH; Green Dynamics, Costa Mesa, CA; Grote Industries, Harbec, Inc., Ontario, NY; Hyla Soft, Chicago, IL; Imprimis, Inc., Colorado Springs, CO; Industrial Network Systems (INS), Arlington Heights, IL; Integris Group LLC, East Peoria, IL; Intel, Santa Clara, CA; International Technegroup Inc. (ITI), Milford, OH; Isola USA Corp, Chandler, AZ; ITAMCO, Plymouth, IN; ITRI International Inc., San Jose, CA; Lexmark International, Lexington, KY; MakeTime, Lexington, KY; Manufacturing Systems Insights, Inc., Berkeley, CA; Matrix IV, Inc., Woodstock, IL; MetaMorph, Inc., Nashville, TN; Metrologic Group, Wixom, MI; MFG.com, Marietta, GA; Mitutoyo, Aurora, IL; MSC Software Corp., Newport Beach, CA; MSSRC, Hanover Park, IL; Nimbis, McLean, VA; Okuma, Charlotte, NC; OneFire, Peoria, IL; Optimax Systems, Ontario, NY; OptiPro Systems, Ontario, NY; Oshkosh, Oshkosh, WI; PDA LLC, Naperville, IL; PDES, Inc., Newport Coast, CA; ProPlanner, Ames, IA; PTC, Inc., Needham, MA; QuesTek Innovations LLC, Evanston, IL; Raytheon Company, Andover, MA; RCM Industries, Inc., Franklin Park, IL; Renaissance Services Inc., Fairborn, OH; Rockwell Automation, Milwaukee, WI; Sage Clarity LLC, Chicago, IL; Sanmina, San Jose, CA; Shure Inc., Niles, IL; Sivyer Steel Corporation, Bettendorf; IA; SPIRE, Colorado Springs, CO; STEP Tools, Inc., Troy, NY; Strong Oak, Chicago, IL; Superior Joining Technologies, Machesney Park, IL; Tech Mahindra, Mumbai, INDIA; Tech Soft 3D, Inc., Bend, OR; TechSolve, Cincinnati, OH; The Innovation Machine, Chicago, IL; The Lucrum Group, Severna Park, MD; Tucker Innovations Inc., Waxhaw, NC; Twin City Die Castings, Minneapolis, MN; UL LLC, Chicago, IL; Virtual Systems Engineering, Iowa City, IA; Visi-Trak Worldwide, Valley View, OH; Vizrt, Inc., New York, NY; VTOL, Oak Lawn, IL; Wiegel Tool Works, Wood Dale, IL; Wittenstein, Inc., Bartlett, IL; Wrightwood Precision Products, Chicago, IL; Xebax Michigan Network, St. Clair Shores, MI; Alabama Technology Network, Montgomery, AL; American Foundry Society (AFS), Schaumburg, IL; Association for Manufacturing Technology (AMT), McLean, VA; Bethel New Life, Chicago, IL; Dimensional Metrology Standards Consortium, Inc., Burleson, TX; Diverse Manufacturing Supply Chain Alliance, Rockville, MD; Edison Welding Institute, Inc. (EWI), Columbus, OH; Fabricator and Manufacturers Association, Rockford, IL; George Mason University, Fairfax, VA; Golden Corridor Advanced Manufacturing Partnership (GCAMP), Schaumburg, IL; Heartland Science and Technology Group, Champaign, IL; IPC International, Bannockburn, IL; Manufacturing Renaissance, Chicago, IL; Metropolitan State University of Denver, Denver, CO; MT Connect Institute, McLean, VA; NCMS (National Center for Manufacturing Sciences), Ann Arbor, MI; North American Die Casting Association (NADCA), Arlington Heights, IL; Quad City Manufacturing Laboratory, Rock Island, IL; Rockford Area Economic Development Council (RAEDC), Rockford, IL; Rocky Mountain Technology Alliance, Inc., Colorado Springs, CO; Science Olympiad, Oakbrook Terrace, IL; SME (formally Society of Manufacturing Engineers), Dearborn, MI; Steel Founders Society of America (SFSA), Crystal Lake, IL; The Organization for Machine Automation and Control, Reston, VA; University of Alabama-Huntsville (UAH), Huntsville, AL; Visionary Center for Sustainable Communities, Knoxville, TN; and World Business Chicago (WBC), Chicago, IL.

    The general areas of DMDII's planned activities are: DMDII was established as part of the Nationwide Network for Manufacturing Innovation. The objective of DMDII is to significantly advance manufacturing within the United States. The goal of DMDII is to establish a national institute as a resource to focus on complex issues in advanced manufacturing and develop solutions to offset the risk to the U.S. industrial base in adopting these new technologies using a collaborative approach.

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05298 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on ROS-Industrial Consortium-Americas

    Notice is hereby given that, on January 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on ROS-Industrial Consortium-Americas (“RIC-Americas”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its Membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Rethink Robotics, Inc., Boston, MA, has been added as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open and RIC-Americas intends to file additional written notifications disclosing all changes in membership or planned activities.

    On April 30, 2014, RIC-Americas filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 9, 2014 (79 FR 32999).

    The last notification was filed with the Department on November 16, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on December 23, 2015 (80 FR 79930).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05302 Filed 3-8-16; 8:45 am] BILLING CODE
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Interchangeable Virtual Instruments Foundation, Inc.

    Notice is hereby given that, on February 10, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Interchangeable Virtual Instruments Foundation, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Data Translation, Inc., Marlboro, MA, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Interchangeable Virtual Instruments Foundation, Inc. intends to file additional written notifications disclosing all changes in membership.

    On May 29, 2001, Interchangeable Virtual Instruments Foundation, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 30, 2001 (66 FR 39336).

    The last notification was filed with the Department on September 8, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on September 29, 2015 (80 FR 58505).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05299 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on Advanced Combustion Catalyst and Aftertreatment Technologies

    Notice is hereby given that, on January 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on Advanced Combustion Catalyst and Aftertreatment Technologies (“AC2AT”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Honda R&D, Tochigi, JAPAN; and John Deere, Waterloo, IA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and AC2AT intends to file additional written notifications disclosing all changes in membership.

    On March 20, 2015, AC2AT filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on April 30, 2015 (80 FR 24277).

    The last notification was filed with the Department on July 27, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 25, 2015 (80 FR 51604).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05282 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—PXI Systems Alliance, Inc.

    Notice is hereby given that, on February 10, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), PXI Systems Alliance, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Beltronic Industrie-PC AG, Rvdlingen, SWITZERLAND; and Hewlett Packard Enterprise, Houston, TX, have been added as parties to this venture.

    Also, Guidetech LLC, Sunnyvale, CA; and Dewetron GmbH, Gramback, AUSTRIA, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PXI Systems Alliance, Inc. intends to file additional written notifications disclosing all changes in membership.

    On November 22, 2000, PXI Systems Alliance, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971).

    The last notification was filed with the Department on November 25, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on December 23, 2015 (80 FR 79931).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05295 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Telemanagement Forum

    Notice is hereby given that, on January 29, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), TeleManagement Forum (“The Forum”) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, the following parties have been added as members to this venture: Bristol is Open, Bristol, UNITED KINGDOM; City of Atlanta, Atlanta, GA; Cominfo Consulting Group Ltd., Moscow, RUSSIA; drop D, Quito, ECUADOR; Eandis, Brusselsesteenweg Melle, BELGIUM; Ecole De Technologie Supérieure (ETS), Montréal, CANADA; Enable, Addington, NEW ZEALAND; Enxoo Sp. z o.o., Warsaw, POLAND; Fraunhofer IAIS, Sankt Augustin, GERMANY; Galileo Software, Carrigtohill, IRELAND; Guangzhou wowotech Co., Ltd., Guangzhou, PEOPLE'S REPUBLIC OF CHINA; HeyStaks, Dublin, IRELAND; Hitachi Data Systems, Santa Clara, CA; Integrated Architectures, LLC, Medway, MA; Intent HQ, London, UNITED KINGDOM; IntJoors Holding AB, Stockholm, SWEDEN; IS Communications Ltd., Bexleyheath, UNITED KINGDOM; Lisbon City Council, Lisbon, PORTUGAL; Maestracom, Nice, FRANCE; Mediaan/abs bv, Heerlen, NETHERLANDS; MHP Americas Inc., Atlanta, GA; Millicom Tigo Bolivia, Santa Cruz, BOLIVIA; Now New Zealand Limited, Onekawa, NEW ZEALAND; NTS New Technology Systems GmbH, Wilhering, AUSTRIA; Pontificia Universidade Catolica de Campinas, Campinas, BRAZIL; POWERACT Consulting, Casablanca, MOROCCO; Sauerborn Management Consulting GmbH, Ueken, SWITZERLAND; Smart Assistant, Vienna, AUSTRIA; Smart Dublin, Dublin, IRELAND; Smart Metropolis, Paris, FRANCE; sse Enterprise Telecoms, Reading, UNITED KINGDOM; Symsoft AB Solutions, Stockholm, SWEDEN; TataSky Ltd., Mumbai, INDIA; Telecom Business Transformers Holding BV, Dordrecht, NETHERLANDS; Telefonica Mexico, Cruz Manca, MEXICO; Telenor Sverige, Karlskrona, SWEDEN; Trisotech, Montreal, CANADA; Tupl, Inc., Snoqualmie, WA; and WSO2.Telco, Colombo, SRI LANKA.

    Also, the following members have changed their names: PT Indosat Tbk to Indosat Ooredoo, Jakarta Pusat, INDONESIA; Indosat to Ooredoo Myanmar, Yangon, MYANMAR; Nawras to Ooredoo Oman, Muscat, OMAN; Wataniya Télécom Algérie S.P.A to Ooredoo Algeria, Alger, ALGERIA; Ooredoo Q.S.C. to Ooredoo Group, Doha, QATAR; Porte Alegre to Prefeitura Municipal de Porto Alegre, Rio Grande do Sul, BRAZIL; and Comverse to Xura, Raanana, ISRAEL.

    In addition, the following parties have withdrawn as parties to this venture: 4GOSS, Quebec, CANADA; ABIS & Associates, Chessington, UNITED KINGDOM; Allscripts Healthcare Solutions, Inc., Chicago, IL; Amcom Telecommunications Ltd., Perth, AUSTRALIA; AMT Group, Moscow, RUSSIA; Archimu, Heverlee, BELGIUM; ARRIS Group, Inc., Suwanee, GA; AssuringBusiness Pte Ltd., Singapore, SINGAPORE; Austen Consultancy Services Ltd., Hemel Hempstead, UNITED KINGDOM; BINARY OSS, Santiago, CHILE; Bromium, Cupertino, CA; CBOSS, Moscow, RUSSIA; Cloud Perspectives (a Woodward Systems Inc Company), Nepean, CANADA; Cyan Optics, Petaluma, CA; DANATEQ PTE. LTD., Singapore, SINGAPORE; DataProbity, Stuart, FL; Endace Measurement Systems Ltd., Sydney, AUSTRALIA; Factdelta, Swansea, UNITED KINGDOM; FirstNet, Reston, VA; Front Porch, Inc., Sonora, CA; GIP AG, Mainz, GERMANY; Inabox Group Limited, Sydney, AUSTRALIA; IT SERVICES & GOUVERNANCE, Paris, FRANCE; Johns Hopkins University Applied Physics Lab, Laurel, MD; Mastercom TechServices Pvt Ltd., Bangalore, INDIA; Mediaan/abs bv, Heerlen, NETHERLANDS; mm1 Consulting & Management PartG, Stuttgart, GERMANY; Mobius Wireless Solutions Ltd., Shanghai, PEOPLE'S REPUBLIC OF CHINA; ms-CNS Communication Network Solutions GmbH, Vienna, AUSTRIA; New Generation Management Consulting Pty Ltd., Johannesburg, SOUTH AFRICA; NISZ Zrt. (Nemzeto Infokommunikacios Szolgaltato Zrt.), Budapest, HUNGARY; Nomos Software, Cork, IRELAND; North State Communications, High Point, NC; OJSC Rostelecom, Moscow, RUSSIA; Onesto Services Oy, Jyvaskyla, FINLAND; Orga Systems GmbH, Paderborn, GERMANY; Pelatro, Bangalore, INDIA; Photronics, Brookfield, CT; Pinger, San Jose, CA; Plug and Play Tech Center, Sunnyvale, CA; Portugal Telecom Inovacao, SA, Aveiro, PORTUGAL; PT Comunicacoes, Lisbon, PORTUGAL; PT Indonesia Comnets Plus (ICON+), Jakarta, INDONESIA; PT Tricada Intronik, Bandung, INDONESIA; SAPO (PT Comunicacoes), Lisbon, PORTUGAL; SK Regional Services Pte Ltd., Kuala Lumpur, MALAYSIA; Solidi Pte Ltd., Singapore, SINGAPORE; SpiderCloud Wireless, San Jose, CA; Splunk, San Francisco, CA; Stelligence Co. LTD, Bangkok, THAILAND; Tektronix Communications, Plano, TX; Telekom Networks Malawi Ltd., Blantyre, MALAWI; The Open Group, San Francisco, CA; TIM BRASIL, Tijuca, BRAZIL; Transmode Systems AB, Stockholm, SWEDEN; United Telecommunication Services, Willemstad, NETHERLANDS; University of Deusto—Deusto Technology Foundation, Bilbao, SPAIN; Vision Consulting Turkey, İstanbul, TURKEY; VIVA—Kuwait Telecommunications Company, Salmiya, KUWAIT; Vodafone India Limited, Mumbai, INDIA; and Vulliens Group snc, Lausanne, SWITZERLAND.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and The Forum intends to file additional written notifications disclosing all changes in membership.

    On October 21, 1988, The Forum filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 8, 1988 (53 FR 49615).

    The last notification was filed with the Department on October 8, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 16, 2015 (80 FR 70836).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05296 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on Numerical Propulsion System Simulation

    Notice is hereby given that, on January 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on Numerical Propulsion System Simulation (“NPSS”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Aerojet Rocketdyne, Sacramento, CA, has been added as a party to this venture. Also, Ohio Aerospace Institute, Brook Park, OH, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NPSS intends to file additional written notifications disclosing all changes in membership.

    On December 11, 2013, NPSS filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 20, 2014 (79 FR 9767).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05300 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—ODPI, Inc.

    Notice is hereby given that, on February 8, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), ODPi, Inc. (“ODPi”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, General Motors Co., Detroit, MI; and ArenaData, Moscow, RUSSIA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and ODPi intends to file additional written notifications disclosing all changes in membership.

    On November 23, 2015, ODPi filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 23, 2015 (80 FR 79930).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05293 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on Automotive Consortium for Embedded Security TM

    Notice is hereby given that, on January 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on Automotive Consortium for Embedded Security TM (“ACES”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Robert Bosch LLC, Farmington Hills, MI, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and ACES intends to file additional written notifications disclosing all changes in membership.

    On March 20, 2015, ACES filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on April 30, 2015 (80 FR 75469).

    The last notification was filed with the Department on November 2, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on December 2, 2015 (80 FR 24279).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05303 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on High-Efficiency Dilute Gasoline Engine III

    Notice is hereby given that, on January 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on High-Efficiency Dilute Gasoline Engine III (“HEDGE III”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Lubrizol Corporation, Wickliffe, OH, has withdrawn as a party to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and HEDGE III intends to file additional written notifications disclosing all changes in membership.

    On March 19, 2015, HEDGE III filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on April 22, 2015 (80 FR 22551).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05304 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on CHEDE-VII

    Notice is hereby given that, on February 10, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Southwest Research Institute—Cooperative Research Group on CHEDE-VII (“CHEDE-VII”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Deere and Company, Cedar Falls, IA; Dongfeng Commercial Vehicle Co., Ltd., Wuhan, PEOPLE'S REPUBLIC OF CHINA; and Robert Bosch, LLC, Farmington Hills, MI, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and CHEDE-VII intends to file additional written notifications disclosing all changes in membership.

    On January 6, 2016, CHEDE-VII filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 2, 2016, (81 FR 5484).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-05305 Filed 3-8-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Foreign Claims Settlement Commission [F.C.S.C. Meeting and Hearing Notice No. 3-16] Sunshine Act Meeting

    The Foreign Claims Settlement Commission, pursuant to its regulations (45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of open meetings as follows:

    Tuesday, March 15, 2016: 10:00 a.m.—Oral hearing on Objection to Commission's Proposed Decision in Claim No. LIB-III-020.

    11:30 a.m.—Issuance of Proposed Decisions in claims against Libya.

    Status: Open

    All meetings are held at the Foreign Claims Settlement Commission, 600 E Street NW., Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street NW., Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

    Brian M. Simkin, Chief Counsel.
    [FR Doc. 2016-05360 Filed 3-7-16; 11:15 am] BILLING CODE 4410-BA-P
    DEPARTMENT OF LABOR Employment and Training Administration Updated Methodology for Selecting a Job Corps Center for Closure and Center Selected for Closure: Comments Request AGENCY:

    Employment and Training Administration (ETA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    The Employment and Training Administration of the U.S. Department of Labor (the Department or DOL) issues this notice announcing an update to its existing criteria for selecting Job Corps centers for closure based on a center's chronic low performance, and also announcing two new criteria for selecting a Job Corps center for closure: (1) When a joint decision is made by the Secretary of Labor and the Secretary of Agriculture to close a Civilian Conservation Center (CCC); or (2) when the Department determines that a high-quality education and training program cannot be provided at the center. Additionally, the Office of Job Corps issues this notice to propose the closure of one center based on the low-performance methodology that the Department first published in 2014 and updates with more recent data in this Notice: The Ouachita Job Corps Center in Royal, Arkansas. This notice seeks public comment on the proposal to close the Ouachita Center.

    DATES:

    To be ensured consideration, comments must be submitted in writing on or before April 8, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket ID number ETA-2016-0002, by only one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the Web site instructions for submitting comments.

    Mail and hand delivery/courier: Submit comments to Lenita Jacobs-Simmons, National Director, Office of Job Corps (OJC), U.S. Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room N-4459, Washington, DC 20210. Due to security-related concerns, there may be a significant delay in the receipt of submissions by United States Mail. You must take this into consideration when preparing to meet the deadline for submitting comments. The Department will post all comments received on http://www.regulations.gov without making any changes to the comments or redacting any information, including any personal information provided. The http://www.regulations.gov Web site is the Federal e-rulemaking portal and all comments posted there are available and accessible to the public. The Department recommends that commenters not include personal information such as Social Security Numbers, personal addresses, telephone numbers, and email addresses in their comments that they do not wish to be made public, as such submitted information will be available to the public via the http://www.regulations.gov Web site. Comments submitted through http://www.regulations.gov will not include the email address of the commenter unless the commenter chooses to include that information as part of his or her comment. It is the responsibility of the commenter to safeguard personal information.

    Instructions: All submissions received should include the Docket Number for the notice: Docket ID number ETA-2016-0002. Please submit your comments by only one method. Again, please note that due to security concerns, postal mail delivery in Washington, DC may be delayed. Therefore, the Department encourages the public to submit comments on http://www.regulations.gov.

    Docket: All comments on the selected Job Corps Center for closure will be available on the http://www.regulations.gov Web site. The Department also will make all of the comments it receives available for public inspection by appointment during normal business hours at the above address. If you need assistance to review the comments, the Department will provide appropriate aids such as readers or print magnifiers. The Department will make copies of this methodology and the Job Corps center selected for closure available, upon request, in large print and electronic file on computer disk. To schedule an appointment to review the comments and/or obtain the notice in an alternative format, contact the Office of Job Corps at (202) 693-3000 (this is not a toll-free number). You may also contact this office at the address listed below.

    FOR FURTHER INFORMATION CONTACT:

    Lenita Jacobs-Simmons, National Director, Office of Job Corps, ETA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-4463, Washington, DC 20210; Telephone (202) 693-3000 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-(877) 889-5627 (TTY/TDD).

    SUPPLEMENTARY INFORMATION:

    I. Background

    Established in 1964, Job Corps is a national program administered by the Employment and Training Administration (ETA) in the Department of Labor. It is the nation's largest federally-funded, primarily residential training program for at-risk youth, ages 16-24. With 126 centers in 50 states, Puerto Rico, and the District of Columbia, Job Corps provides economically-disadvantaged youth with the academic, career technical, and employability skills to enter the workforce, enroll in post-secondary education, or enlist in the military.

    Large and small businesses, nonprofit organizations, and Native American tribes manage and operate 99 of the Job Corps centers through contractual agreements with the Department of Labor awarded pursuant to federal procurement rules, while 27 centers are operated through an interagency agreement with the U.S. Department of Agriculture (USDA). Job Corps receives annual funding to operate contractor-operated centers and USDA centers, administer the program, and build, maintain, expand, or upgrade a limited number of new and existing facilities.

    The Workforce Innovation and Opportunity Act (WIOA), which became effective on July 1, 2015, directs DOL to “establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this part is to be closed and how to carry out such closure[.]” 29 U.S.C. 3211(c)(1). In August 2014, the Department published a methodology to apply when proposing a center for closure based on its chronic low performance. In December 2014, the Department provided a report to Congress indicating that it would use the August 2014 criteria in deciding future closures and would update its closure criteria in the future. That report also indicated that the Secretaries of Labor and Agriculture might agree to close a CCC operated by the U.S. Forest Service. This Notice describes the Department's updated closure criteria; in addition, this Notice proposes one center for closure.

    II. Closure Criteria

    The Department is constantly making efforts to ensure that Job Corps' limited resources are used to deliver the best possible results for students. As part of these ongoing efforts, the Department may determine that closing a center will allow Job Corps to provide the highest-quality program to its students more effectively.

    The three criteria described below are the criteria that the Department will use to determine when a Job Corps center should be closed:

    • Closure based on chronic low performance, as announced in an August 2014 Federal Register notice (79 FR 51198), with one change described below to use the most recent five years available.

    • Closure based on a joint decision of the Secretaries of Labor and Agriculture, described in a December 2014 report to Congress and further explained in this notice.

    • Closure based on an evaluation of the effort required to provide a high-quality education and training program at the center.

    Closure may be based on any one of the three criteria, and a single criterion may be applied independently of the others. Thus, while a center may qualify for closure under more than one criterion, DOL may choose to rely on only one criterion when deciding to propose a center for closure. The relevant additional considerations described below will be considered and applied depending on which criterion the Department utilizes.

    Job Corps, as with any education and training program, must respond to the changing needs of the students it educates and the career fields for which it provides training. As a result, the Department will continue to review and refine these criteria or add more closure criteria as necessary to best carry out Job Corps' mission.

    A. Long-Term Center Performance

    DOL is not altering the performance-based criteria it announced in its August 27, 2014 closure methodology, except for changing the five-year period of data reviewed from Program Years (PYs) 2008-2012 to the most recent five years available. As explained below, DOL applied the performance-based criteria in deciding to propose closing the Ouachita Center.

    As was more fully discussed in the August 27, 2014 Notice, chronically low-performing centers do not benefit the population of young people Job Corps aims to empower, and are a poor use of Job Corps' limited program dollars. DOL will continue to consider for closure those Job Corps centers marked with consistent and entrenched poor performance in order to better serve the nation's youth in acquiring career skills through quality job training.

    Accordingly, DOL will continue to use the following performance-based criteria against which all centers are measured in evaluating whether a center should be closed:

    1. Five-year Outcome-Measurement System (OMS) performance level;

    2. Five-year On-Board Strength (OBS); and

    3. Five-year Facility Condition Index (FCI).

    A short description of these three factors is included below:

    1. Five-Year Outcome-Measurement System (OMS) Performance Levels

    OMS is a collection of 15 metrics that provide a comprehensive assessment of center performance, which allows for comparison of performance among centers and supplies enough data for decision makers to identify trends over time. These published performance metrics have driven center performance and programmatic decisions for more than a decade. Accordingly, the primary performance-based factor in selecting a center for closure is a center's OMS data.

    In applying this factor, the Department will evaluate each center's overall OMS ratings for the five most recent full program years to derive a weighted five-year average performance rating. This updated methodology uses OMS performance data for the five most recent completed program years, with recent years receiving a greater weight than earlier years. Further, the original OMS ratings for each of the five program years, which exceeded 100% for some centers, were normalized at one hundred percent (100%) to be consistent with OBS and FCI. “Normalized” means the data has been placed on a 100-point scale. The calculation formula for the methodology also contains normalized data for OMS.

    The year-by-year weighted structure is as follows (these years will be automatically updated going forward):

    PY 2014 30% PY 2013 25% PY 2012 20% PY 2011 15% PY 2010 10% Total: 100% The calculation formula for five-year performance for the methodology is as follows: Center's five-year weighted average rating × 90% = Overall Performance Rating 2. On-Board Strength (OBS)

    On-Board Strength is an efficiency rating that demonstrates the extent to which a center operates at full capacity. The measure is reported as a percentage, calculated by the center's actual capacity for student slots divided by the planned capacity to fill those slots (daily number of students that a center is authorized to serve). The national goal for OBS is 100% in order to operate the program at full capacity, maximize program resources, and fulfill the mission of serving the underserved student population.

    This factor evaluates each center's end of Program Year OBS rating for five full program years to derive a five-year average rating. As explained above in the context of OMS data, the updated closure methodology uses OBS data from the most recent five-year period. As noted in the August 27, 2014, Federal Register Notice there were anomalies to the OBS data for PY 2011 and PY 2012 caused by temporary enrollment suspensions. The May 31, 2012, PY-Cumulative OBS (PY-COBS) report will be used as the basis for assessing center-level OBS performance for PY 2011. The January 31, (PY-COBS) report will be used as the basis for assessing center-level OBS performance for PY 2012.

    The updated methodology weights each of the last five program years' OBS data, with more recent years receiving more weight to incorporate performance improvement. Finally, the OBS ratings for each of the five program years were normalized at one hundred percent (100%), so as to be consistent with the OMS and FCI data.

    The year-by-year weighted structure is as follows (these years will be automatically updated going forward):

    PY 2014 30% PY 2013 25% PY 2012 20% PY 2011 15% PY 2010 10% Total: 100% The calculation formula for five-year OBS for the methodology is as follows: Center's five-year weighted average cumulative OBS × 5%= Overall OBS Rating 3. Facility Condition and Physical Plant

    Facility quality is critical for a residential educational program that houses its students on-site 24 hours a day, seven days a week, for much of the year. Poor facilities make it harder for students to learn and ultimately gain the job skills necessary to join and contribute to the American workforce. Each Job Corps center is a fully operational complex with academic and career technical training facilities, dining and recreation buildings, administrative offices, and residence halls (with the exception of solely non-residential facilities), including the surrounding owned or leased property on which the center is located.

    To properly manage the program's facility and condition needs, Job Corps uses the FCI and gives each center an annual rating. This rating, which is expressed as a percentage, accounts for the value of a center's construction, rehabilitation, and repair backlog, as compared to the replacement value of the center's facilities. Facility conditions affect the outcomes of the Job Corps program because good outcomes begin with facilities that contribute to a safe learning environment.

    For this factor, the Department evaluated each center's FCI, which takes into account all construction projects completed over the same five-year period as the other two factors.

    As with the performance and OBS criteria, the updated methodology applies weights to each of the five latest program year's FCI data, with more recent years receiving more weight to incorporate any recent improvement. The year-by-year weighted structure is as follows (these years will be automatically updated going forward):

    PY 2014 30% PY 2013 25% PY 2012 20% PY 2011 15% PY 2010 10% Total: 100% The calculation formula for FCI for the methodology is as follows: Center's five-year weighted average FCI rating × 5% = Overall FCI Rating

    Applying the three performance-based factors above yields an overall rating for each center, allowing DOL to rank all centers based on historical performance, with the lowest performing center receiving the lowest rating. The calculation formula for the overall rating is as follows:

    Overall OMS Performance Rating (90%) + Overall OBS Rating (5%) + Overall FCI Rating (5%) = Overall Rating for Primary Selection Factors. B. Agreement Between the Secretaries of Labor and Agriculture To Close Civilian Conservation Job Corps Centers (CCCs)

    Independent of the other two criteria, the Secretaries of Labor and Agriculture may jointly agree to close a CCC. These facilities are predominantly located in rural, sometimes remote locations and operated by the USDA through the U.S. Forest Service. As with other Job Corps Centers, these facilities provide skills training for disadvantaged young people to aid their entry into the American workforce, but with additional focus on conserving the United States' natural resources and providing assistance during natural disasters.

    This joint decision to close a center will take into account past efforts to improve the center's deficiencies, the prospect for improving those deficiencies, the impact on the mission and workforce of both departments, and the purpose and goals of the Job Corps program. The rationale behind the Agriculture and Labor Secretaries' decision to close a CCC will be detailed in a notice proposing the action. The Secretaries' decision to propose a CCC for closure under this criterion also will take into account the relevant additional considerations, detailed below. This basis is independent of other performance improvement and restructuring and reform efforts initiated by either Department or mandated by WIOA to address performance challenges at the CCCs. Finally, this criterion does not limit the Department's authority to propose closing a CCC based on the other closure criteria, regardless of whether the Secretaries jointly agree to close the center.

    This new criterion was not used as the basis to propose the closure of Ouachita. While the Ouachita Center is a CCC, the Department made this decision based upon chronic low performance, the criteria first described in the August 2014 Federal Register notice.

    C. Evaluation of Continuing Center Operations

    The Department has determined that it may be necessary to close a center for reasons other than chronic low performance or agreement with the Secretary of Agriculture. Job Corps constantly evaluates the needs of each center it operates. Some centers, for a variety of reasons, face more difficult challenges than others in providing a safe, secure environment where participants can receive high-quality education and training. Some challenges develop over time, while others arise more rapidly. Challenges may involve the condition of the facility; its proximity to relevant job markets; the ability of the center to attract students; the impact of one-time events; or, a host of other factors. Addressing these challenges may require sustained efforts that involve significant programmatic, staff, capital, organizational, and/or other investments and resources. Even with such a commitment, it may be difficult to anticipate or achieve positive outcomes for students. In such a situation, Job Corps will carefully assess: (1) The ongoing needs of the center against those of the program overall; (2) the effort required to provide and maintain a high-quality, safe and productive living and learning environments; and (3) whether that effort is likely to ultimately produce an outcome that contributes to the program's overall strength and integrity. After reviewing all relevant information the Department may decide to propose a center for closure.

    This new criterion was not utilized in making the decision to propose to close the Ouachita Job Corps Center.

    D. Additional Considerations

    After applying any of the three criteria described above, the Department will consider the following factors, as appropriate, when deciding whether it should propose a center for closure:

    1. Job Corps Services for Residents in Each State, Puerto Rico, and the District of Columbia

    The Department is committed to providing services in a broad geographic area. When deciding to propose a center for closure, DOL will ensure that it maintains at least one Job Corps center in each state, the Commonwealth of Puerto Rico, and the District of Columbia, and will take into consideration whether a center's closure would have a disproportionate impact on the training opportunities for students in any one state. Additionally, Job Corps is committed to ensuring that a state's population, especially of young people who are eligible and could benefit from participating in the program, are adequately exposed to its opportunities and services. Accordingly, in applying the criteria, DOL will ensure that it does not too rapidly reduce Job Corps' presence in any one state.

    2. Sufficiency of Data Available To Evaluate Center Performance

    The Department will not consider for closure under the performance-based criteria any center for which it does not have sufficient data to evaluate that center's performance. The centers in Ottumwa, Milwaukee, Pinellas County, Denison, Long Beach, Gulfport, Wind River, and Manchester are not included for consideration for closure. For each of these centers, there is not enough OMS data to evaluate the center's performance over the full five-year performance period. The reasons for the lack of five years' continuous data for these centers include: Four new centers were opened during the five-year performance period (Ottumwa, Milwaukee, Wind River, and Manchester); three centers were excluded from OMS evaluation because of their selection as Center for Excellence (CFE) pilot sites (Pinellas County, Denison, and Long Beach); and one center operated at reduced capacity because of damage received during Hurricane Katrina (Gulfport).

    3. Indication of Significant Recent Performance Improvement

    When applying the performance-based criteria, the Department will consider evidence of recent performance improvement. Therefore, a center will be removed from closure consideration if it is performing in the top half of centers in the most recent full year of performance data.

    4. Job Corps' Commitment to Diversity

    Job Corps currently serves a diverse student population and remains committed to serving disadvantaged youth from all backgrounds. In making final closure decisions under any of the three criteria, we will consider whether a center's closure would result in a significant reduction in student diversity within the overall Job Corps system.

    III. Job Corps Centers Selected for Closure

    Based on the performance-based criteria, and after applying the additional considerations described above, the Department proposes to close the Ouachita Job Corps Center in Royal, Arkansas. As noted above, the two new criteria did not factor into this decision.

    In applying the performance-based criteria, the Department first calculated the five-year OMS performance level, the five-year OBS, and the five-year FCI and then calculated the Overall Rating for Primary Selection Factors, as described above, using data from PY 2010-2014. The Ouachita Job Corps Center in received the lowest Overall Rating for Primary Selection Factors and, therefore, the lowest ranking.

    After ranking the centers based on the primary criteria, the Department then applied the additional considerations. The Department determined that these considerations did not preclude closure of the Ouachita Job Corps Center. The Department is requesting public comments on the selection of the Ouachita Job Corps Center for closure.

    The Department will implement the closure process pursuant to the center closure requirements outlined in the WIOA at section 159(j) and as stipulated in the DOL/USDA Interagency Agreement.

    IV. The Process for Closing Job Corps Centers, as Outlined in the Workforce Innovation and Opportunity Act (WIOA)

    The Department's process for closing Job Corps centers will follow the requirements of section 159(j) of the WIOA, which include the following:

    • The proposed decision to close a particular center is announced in advance to the general public through publication in the Federal Register or other appropriate means;

    • A reasonable comment period, not to exceed 30 days, is established for interested individuals to submit written comments to the Secretary; and

    • The Member of Congress who represents the district in which such center is located is notified within a reasonable period of time in advance of any final decision to close the center.

    This Notice serves as the public announcement of the decision to close the Ouachita Job Corps Center. The Department is providing a 30-day period for interested individuals to submit written comments on the proposed decision to close these centers.

    Portia Wu, Assistant Secretary for Employment and Training.
    [FR Doc. 2016-04977 Filed 3-8-16; 8:45 am] BILLING CODE 4510-FT-P
    NATIONAL SCIENCE FOUNDATION Advisory Committee for Geosciences; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

    NAME:

    Advisory Committee for Geosciences (1755).

    DATE AND TIME:

    April 13, 2016, 8:45 a.m.-5:00 p.m. April 14, 2016, 8:30 a.m.-2:00 p.m. PLACE:

    National Science Foundation, Stafford I, Room 1235, 4201 Wilson Blvd., Arlington, Virginia 22230.

    TYPE OF MEETING:

    Open.

    CONTACT PERSON:

    Melissa Lane, National Science Foundation, Suite 705, 4201 Wilson Blvd., Arlington, Virginia 22230. Phone 703-292-8500.

    MINUTES:

    May be obtained from the contact person listed abo