Federal Register Vol. 81, No.5,

Federal Register Volume 81, Issue 5 (January 8, 2016)

Page Range869-1113
FR Document

81_FR_5
Current View
Page and SubjectPDF
81 FR 869 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 924 - Sunshine Act NoticePDF
81 FR 948 - Proclaiming Certain Lands as Reservation for the Mashpee WampanoagPDF
81 FR 973 - Sunshine Act Meeting NoticePDF
81 FR 903 - Sunshine Act MeetingPDF
81 FR 915 - Procurement List; AdditionPDF
81 FR 941 - National Institute of Mental Health: Notice of MeetingPDF
81 FR 942 - Center for Scientific Review: Notice of Closed MeetingsPDF
81 FR 942 - National Institute on Alcohol Abuse and Alcoholism: Notice of Closed MeetingPDF
81 FR 922 - Notification of an Open Meeting of the National Defense University Board of Visitors (BOV)PDF
81 FR 882 - Substantiation Requirement for Certain Contributions; WithdrawalPDF
81 FR 935 - Notification of a Public Meeting of the Great Lakes Advisory BoardPDF
81 FR 881 - Native American Housing Assistance and Self-Determination Act of 1996: Negotiated Rulemaking Committee; Notice of Eighth MeetingPDF
81 FR 989 - Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Railroad Retirement Board (RRB))-Match Number 1006PDF
81 FR 908 - Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2013; and Partial Rescission of Countervailing Duty Administrative ReviewPDF
81 FR 990 - Twenty Five Meeting: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication ServicesPDF
81 FR 903 - Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014PDF
81 FR 907 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia and the People's Republic of China: Final Results of Expedited First Sunset Reviews of the Antidumping Duty OrdersPDF
81 FR 998 - MyVA Federal Advisory Committee; Notice of Meeting: AmendedPDF
81 FR 961 - Notice of Public Meeting, Las Cruces District Resource Advisory Council Meeting, New MexicoPDF
81 FR 947 - Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, VA; Record of Decision for Final Environmental Impact StatementPDF
81 FR 943 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Enhanced Security Procedures at Ronald Reagan Washington National AirportPDF
81 FR 991 - Notice and Request for CommentsPDF
81 FR 943 - Tribal Declarations Pilot GuidancePDF
81 FR 967 - Request for Information; Comment Request; Department of Labor Research and Evaluation Plan for 2016PDF
81 FR 970 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agreement Approval Process for Use of Functional Affirmative Action ProgramsPDF
81 FR 936 - Environmental Impact Statements; Notice of AvailabilityPDF
81 FR 970 - Office of the Assistant Secretary for Veterans' Employment and Training (OASVET); Agency Information Collection Activities; Comment Request; VETS' Competitive Grant Programs ReportingPDF
81 FR 973 - Request To Amend a License To Import Radioactive WastePDF
81 FR 902 - The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to GlyphosatePDF
81 FR 993 - 30-Day Notice of Application for New Information Collection RequestPDF
81 FR 884 - National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury TablePDF
81 FR 945 - Extension of Agency Information Collection Activity Under OMB Review: TSA Airspace Waiver ProgramPDF
81 FR 944 - Extension of Agency Information Collection Activity Under OMB Review: Office of Law Enforcement/Federal Air Marshal Service Mental Health CertificationPDF
81 FR 936 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 915 - Procurement List; Additions and DeletionsPDF
81 FR 916 - Procurement List; Proposed Addition and DeletionsPDF
81 FR 897 - Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Management in the Bering Sea Pollock FisheryPDF
81 FR 937 - Use of Nucleic Acid Tests To Reduce the Risk of Transmission of Hepatitis B Virus From Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry; AvailabilityPDF
81 FR 917 - 36(b)(1) Arms Sales NotificationPDF
81 FR 910 - Submission for OMB Review; Comment RequestPDF
81 FR 910 - Proposed Information Collection; Comment Request; Socioeconomics of Commercial Fishers and For Hire Diving and Fishing Operations in the Flower Garden Banks National Marine SanctuaryPDF
81 FR 914 - Proposed Information Collection; Comment Request; Fisheries Certificate of OriginPDF
81 FR 997 - Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National CemeteryPDF
81 FR 913 - South Atlantic Fishery Management Council; Public MeetingsPDF
81 FR 912 - New England Fishery Management Council; Public MeetingPDF
81 FR 911 - Gulf of Mexico Fishery Management Council; Public MeetingPDF
81 FR 992 - Jackson County, Mo.-Acquisition and Operation Exemption-Union Pacific Railroad CompanyPDF
81 FR 924 - Agency Information Collection Activities; Comment Request; Loan Cancellation in the Federal Perkins Loan ProgramPDF
81 FR 972 - Information Collection Activities: Proposed Collection; Comment RequestPDF
81 FR 885 - Pipeline Safety: Notice of Liquid Pipeline Advisory Committee MeetingPDF
81 FR 975 - New Postal ProductPDF
81 FR 976 - New Postal ProductPDF
81 FR 974 - New Postal ProductPDF
81 FR 977 - New Postal ProductPDF
81 FR 940 - Over-the-Counter Sunscreens: Safety and Effectiveness Data; Draft Guidance for Industry; Extension of Comment PeriodPDF
81 FR 930 - Public Service Company of New Hampshire; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final AmendmentsPDF
81 FR 927 - Missouri Joint Municipal Electric Utility Commission; Notice of FilingPDF
81 FR 933 - Heartland Consumers Power District; Notice of FilingPDF
81 FR 931 - Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of FilingPDF
81 FR 932 - Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of FilingPDF
81 FR 928 - Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of FilingPDF
81 FR 935 - Comanche Trail Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed San Elizario Crossing ProjectPDF
81 FR 925 - Trans-Pecos Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed Presidio Border Crossing ProjectPDF
81 FR 934 - Combined Notice of Filings #2PDF
81 FR 933 - Combined Notice of Filings #1PDF
81 FR 922 - 36(b)(5)(C) Arms Sales NotificationPDF
81 FR 937 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
81 FR 938 - Gastroenterology and Urology Devices Panel of the Medical Devices Advisory Committee; Notice of MeetingPDF
81 FR 920 - 36(b)(5)(C) Arms Sales NotificationPDF
81 FR 966 - Notice of Proposed Renewal of Information Collection: OMB Control Number 1035-0003, Application to Withdraw Tribal Funds From Trust StatusPDF
81 FR 942 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 989 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend BATS Rule 14.11(i) To Adopt Generic Listing Standards for Managed Fund SharesPDF
81 FR 987 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Adopt Generic Listing Standards for Managed Fund SharesPDF
81 FR 978 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change Relating to the Listing and Trading of the Shares of the First Trust RiverFront Dynamic Europe ETF, First Trust RiverFront Dynamic Asia Pacific ETF, First Trust RiverFront Dynamic Emerging Markets ETF, and the First Trust RiverFront Dynamic Developed International ETF of First Trust Exchange-Traded Fund IIIPDF
81 FR 987 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.PDF
81 FR 962 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
81 FR 926 - Water District No. 1 of Johnson County, KS; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
81 FR 925 - City of Colton, California; Notice of FilingPDF
81 FR 927 - City of Anaheim, California; Notice of FilingPDF
81 FR 927 - Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC, Notice of FilingPDF
81 FR 932 - Combined Notice of FilingsPDF
81 FR 928 - Combined Notice of Filings #2PDF
81 FR 929 - Combined Notice of Filings #1PDF
81 FR 991 - Notice of Extension for the Final Environmental Impact Statement for the Proposed Airport, Angoon, AlaskaPDF
81 FR 978 - Product Change-Parcel Select Negotiated Service AgreementPDF
81 FR 978 - Product Change-First-Class Package Service Negotiated Service AgreementPDF
81 FR 971 - OMB Final Sequestration Report to the President and Congress for Fiscal Year 2016PDF
81 FR 972 - Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978PDF
81 FR 995 - Proposed Information Collection (Voice of Veteran Surveys, Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (National Cemetery Administration, Veterans Benefits Affairs, Veterans Health Administration), Survey of Veteran Enrollees' Health and Reliance Upon VA, Bereaved Family Member Satisfaction Survey, Nation-Wide Customer Satisfaction Surveys (Survey of Healthcare Experiences of Patients), Veterans Health Benefits Handbook Satisfaction Survey, Veterans Transportation Service Data Collection, Center for Verification and Evaluation Site Inspections, Post Engagement, Awards & Return on Investment, Center for Verification and Evaluation Verification Survey) Activity: Comment RequestPDF
81 FR 869 - Procedures Related to Commission ViewsPDF
81 FR 887 - Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in AlaskaPDF
81 FR 886 - Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in AlaskaPDF
81 FR 961 - Notice of Public Meeting; Wyoming Resource Advisory CouncilPDF
81 FR 962 - National Park System Advisory Board; Charter RenewalPDF
81 FR 963 - Notice of Availability and Notice of Public Meetings for the Draft Environmental Impact Statement for the Long-Term Experimental and Management Plan for the Operation of Glen Canyon Dam, Page, ArizonaPDF
81 FR 992 - 30-Day Notice of Request for Renewal of a Previously Approved CollectionPDF
81 FR 945 - Federal Property Suitable as Facilities To Assist the HomelessPDF
81 FR 879 - Notice of Intent To Review Monitor National Marine Sanctuary BoundaryPDF
81 FR 883 - Federal Travel Regulation; Updating the Incidental Expenses Definition and the Laundry, Cleaning, and Pressing of Clothing PolicyPDF
81 FR 1027 - Energy Conservation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending MachinesPDF
81 FR 999 - Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To Downlist the West Indian Manatee, and Proposed Rule To Reclassify the West Indian Manatee as ThreatenedPDF

Issue

81 5 Friday, January 8, 2016 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

Animal Animal and Plant Health Inspection Service NOTICES Petition for Determination of Nonregulated Status: Scotts Co. and Monsanto Co.; Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate, 902-903 2016-00160 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 937 2016-00113 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 903 2016-00298 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 915-917 2016-00151 2016-00152 2016-00197 Defense Department Defense Department NOTICES Arms Sales, 917-924 2016-00110 2016-00115 2016-00148 Meetings: National Defense University Board of Visitors, 922 2016-00193 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 924 2016-00315 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Cancellation in the Federal Perkins Loan Program, 924-925 2016-00138 Energy Department Energy Department See

Federal Energy Regulatory Commission

RULES Energy Conservation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending Machines, 1028-1113 2015-33074
Environmental Protection Environmental Protection Agency NOTICES Environmental Impact Statements; Availability, etc.; Availability, 936 2016-00165 Meetings: Great Lakes Advisory Board, 935-936 2016-00186 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 869 C1--2015--30881 NOTICES Environmental Impact Statements; Availability, etc.: Proposed Airport, Angoon, AK, 991 2016-00092 Meetings: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services, 990 2016-00181 Federal Emergency Federal Emergency Management Agency NOTICES Tribal Declarations Pilot Guidance, 943 2016-00173 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 928-930, 932-934 2016-00094 2016-00095 2016-00096 2016-00117 2016-00118 Environmental Assessments; Availability, etc.: Comanche Trail Pipeline, LLC; San Elizario Crossing Project, 935 2016-00120 Trans-Pecos Pipeline, LLC; Presidio Border Crossing Project, 925-926 2016-00119 Filings: City of Anaheim, CA, 927-928 2016-00098 City of Colton, CA, 925 2016-00099 Heartland Consumers Power District, 933 2016-00125 Martha Coakley, Massachusetts Attorney General, et al. v. Bangor Hydro-Electric Co., et al., 931 2016-00121 Martha Coakley, Massachusetts Attorney General, et al. vs Bangor Hydro-Electric Co., et al., 928, 931-932 2016-00122 2016-00123 2016-00124 Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; et al. vs. Bangor Hydro-Electric Co.; Central Maine Power Co.; et al., 927 2016-00097 Missouri Joint Municipal Electric Utility Commission, 927 2016-00126 Hydroelectric Applications: Public Service Co. of New Hampshire, 930-931 2016-00127 Preliminary Permit Applications: Water District No.1 of Johnson County, KS, 926 2016-00100 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 936-937 2016-00153 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to Downlist the West Indian Manatee, and Proposed Rule to Reclassify the West Indian Manatee as Threatened, 1000-1026 2015-32645 Non-subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska, 886-897 2016-00021 2016-00022 NOTICES Environmental Impact Statements; Availability, etc.: Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, VA, 947-948 2016-00176 Food and Drug Food and Drug Administration NOTICES Guidance: Over-the-Counter Sunscreens—Safety and Effectiveness Data, 940-941 2016-00128 Use of Nucleic Acid Tests to Reduce the Risk of Transmission of Hepatitis B Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products, 937-938 2016-00149 Meetings: Gastroenterology and Urology Devices Panel of the Medical Devices Advisory Committee, 938-940 2016-00111 General Services General Services Administration PROPOSED RULES Federal Travel Regulation: Incidental Expenses Definition and the Laundry, Cleaning, and Pressing of Clothing Policy, 883-884 2015-33147 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

National Institutes of Health

PROPOSED RULES National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table, 884-885 2016-00156
Homeland Homeland Security Department See

Federal Emergency Management Agency

See

Transportation Security Administration

Housing Housing and Urban Development Department PROPOSED RULES Meetings: Negotiated Rulemaking Committee Native American Housing Assistance and Self-Determination Act of 1996:, 881-882 2016-00185 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 945-947 2015-33189 Indian Affairs Indian Affairs Bureau NOTICES Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag, 948-961 2016-00310 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Reclamation Bureau

See

Special Trustee for American Indians Office

Internal Revenue Internal Revenue Service PROPOSED RULES Substantiation Requirement for Certain Contributions; Withdrawal, 882-883 2016-00189 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia and the People's Republic of China, 907-908 2016-00179 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 908-910 2016-00182 Multilayered Wood Flooring from the People's Republic of China, 903-907 2016-00180 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agreement Approval Process for Use of Functional Affirmative Action Programs, 970-971 2016-00168 VETS' Competitive Grant Programs Reporting, 970 2016-00164 Requests for Information: Department of Labor Research and Evaluation Plan for 2016, 967-970 2016-00170 Land Land Management Bureau NOTICES Meetings: Las Cruces District Resource Advisory Council, NM, 961-962 2016-00177 Wyoming Resource Advisory Council, 961 2016-00001 Management Management and Budget Office NOTICES Final Sequestration Report to the President and Congress for Fiscal Year 2016, 971-972 2016-00087 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 942-943 2016-00106 2016-00195 National Institute of Mental Health, 941-942 2016-00196 National Institute on Alcohol Abuse and Alcoholism, 942 2016-00194 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bycatch Management in the Bering Sea Pollock Fishery, 897-901 2016-00150 Review of Monitor National Marine Sanctuary Boundary, 879-881 2015-33169 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 910 2016-00146 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fisheries Certificate of Origin, 914-915 2016-00144 Socioeconomics of Commercial Fishers and For Hire Diving and Fishing Operations in the Flower Garden Banks National Marine Sanctuary, 910-911 2016-00145 Meetings: Gulf of Mexico Fishery Management Council, 911-912 2016-00140 New England Fishery Management Council, 912-913 2016-00141 South Atlantic Fishery Management Council, 913-914 2016-00142 National Park National Park Service NOTICES Charter Renewals: National Park System Advisory Board, 962 2015-33277 Environmental Impact Statements; Availability, etc.: Glen Canyon Dam, Page, AZ; Long-Term Experimental and Management Plan for Operation; Meetings, 963-966 2015-33274 National Register of Historic Places; Pending Nominations and Related Actions, 962-963 2016-00101 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 972 2016-00137 Antarctic Conservation Act Permit Applications, 972-973 2016-00085 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 973 2016-00306 Requests to Amend a License to Import Radioactive Waste, 973-974 2016-00162 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety: Liquid Pipeline Advisory Committee Meeting, 885-886 2016-00135 Postal Regulatory Postal Regulatory Commission RULES Procedures Related to Commission Views, 869-878 2016-00036 NOTICES New Postal Products, 974-978 2016-00093 2016-00129 2016-00130 2016-00131 2016-00132 2016-00133 2016-00134 Postal Service Postal Service NOTICES Product Changes: First-Class Package Service Negotiated Service Agreement, 978 2016-00090 Parcel Select Negotiated Service Agreement, 978 2016-00091 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Glen Canyon Dam, Page, AZ; Long-Term Experimental and Management Plan for Operation; Meetings, 963-966 2015-33274 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 989 2016-00105 EDGX Exchange, Inc., 987-989 2016-00102 NYSE Arca, Inc., 987 2016-00104 The NASDAQ Stock Market LLC, 978-986 2016-00103 Social Social Security Administration NOTICES Privacy Act; Computer Matching Program, 989-990 2016-00183 Special Trustee Special Trustee for American Indians Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Withdraw Tribal Funds from Trust Status, 966-967 2016-00109 Surface Transportation Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: Jackson County, Mo. from Union Pacific Railroad Co., 992 2016-00139 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 991-992 2016-00174 Transportation Department Transportation Department See

Federal Aviation Administration

See

Pipeline and Hazardous Materials Safety Administration

See

Surface Transportation Board

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 992-995 2015-33272 2016-00159
Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airspace Waiver Program, 945 2016-00155 Enhanced Security Procedures at Ronald Reagan Washington National Airport, 943-944 2016-00175 Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification, 944-945 2016-00154 Treasury Treasury Department See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voice of Veteran Surveys, Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, etc., 995-997 2016-00075 Meetings: MyVA Federal Advisory Committee, 998 2016-00178 Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery, 997-998 2016-00143 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 1000-1026 2015-32645 Part III Energy Department, 1028-1113 2015-33074 Reader Aids

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

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

81 5 Friday, January 8, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0828; Directorate Identifier 2014-NM-146-AD; Amendment 39-18341; AD 2015-25-03] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes Correction

In rule document 2015-30881, appearing on pages 80242-80247, in the Issue of Thursday, December 24, 2015, make the following correction:

Beginning in the second column, under the heading “Request to Add Terminating Action” on page 80243 and continuing to the end of the document, the entry “Boeing Alert Service Bulletin 747-57A2443” is corrected to read “Boeing Alert Service Bulletin 747-57A2343”.

[FR Doc. C1-2015-30881 Filed 1-7-16; 8:45 am] BILLING CODE 1505-01-D
POSTAL REGULATORY COMMISSION 39 CFR Part 3017 [Docket No. RM2015-14; Order No. 2960] Procedures Related to Commission Views AGENCY:

Postal Regulatory Commission.

ACTION:

Final rule.

SUMMARY:

The Commission is issuing a set of final rules establishing the Commission's process for developing views to the Secretary of State on certain international mail matters pursuant to 39 U.S.C. 407(c)(1). Relative to the proposed rules, the changes are minor in nature.

DATES:

Effective: February 8, 2016.

FOR FURTHER INFORMATION CONTACT:

David A. Trissell, General Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents I. Introduction II. Rulemaking Context III. Summary of Proposed Rules IV. Review and Analysis of Comments V. Ordering Paragraphs I. Introduction

On July 21, 2015, the Commission issued proposed rules describing general procedures related to the development of the Commission's views on certain international mail matters pursuant to 39 U.S.C. 407(c)(1).1 For the reasons discussed below, the Commission adopts final rules on this topic. The final rules reflect several minor revisions to the proposed rules.

1 Notice of Proposed Rulemaking, July 21, 2015 (Order No. 2602).

II. Rulemaking Context

In addition to revising the longstanding approach to establishing domestic mail rates and classifications, the Postal Accountability and Enhancement Act (PAEA) of 2006 amended several statutory provisions concerning international mail matters.2 One of these amendments directs the Secretary of State, prior to concluding a treaty, convention, or amendment establishing a market dominant rate or classification, to request the Commission's views on the consistency of such rate or classification with the standards and criteria established by the Commission under 39 U.S.C. 3622. 39 U.S.C. 407(c)(1). Section 3622 concerns the establishment of a modern system for regulating rates and classes for market dominant products.

2See Postal Accountability and Enhancement Act, Public Law 109-435, 120 Stat. 3198 (2006), section 405(a) (PAEA).

A companion provision requires the Secretary of State to ensure that each treaty, convention, or amendment concluded under section 407(b) is consistent with the Commission's views unless the Secretary makes a written determination that ensuring such consistency is not in the Nation's foreign policy or national security interest. 39 U.S.C. 407(c)(2). Such a written determination must be provided to the Commission, along with a full explanation of the reasons, but portions of the determination may be designated confidential for reasons of foreign policy or national security. Id.

The introduction of a formal advisory role for the Commission in this area was a significant change from previous law, as previous law did not require the Secretary of State to request the Commission's views in carrying out the Secretary's responsibilities.3 Notwithstanding a degree of shared responsibility, the PAEA makes clear that the Secretary of State exercises primary authority for the conduct of foreign policy with respect to international postal services and other international delivery services, including the determination of U.S. positions and the conduct of U.S. participation in negotiations with foreign governments and international bodies. See 39 U.S.C. 407(b)(2).

3See 39 U.S.C. 407(d) (1998), amended by the PAEA.

Pursuant to the directive in section 407(c)(1), the Secretary of State requested—and the Commission provided—views on certain proposals submitted for consideration at the quadrennial Universal Postal Union (UPU) Congresses 4 held in 2008 and 2012, which occurred after enactment of the PAEA. In anticipation of preparing views in connection with the 2012 Congress, the Commission established Docket No. PI2012-1 to receive written comments from the public on the principles that should guide the development of its views.5 The Commission closed Docket No. PI2012-1 on January 29, 2015.6

4 The UPU Congress is the plenipotentiary body of this international organization that has the authority to amend the UPU Acts. These Acts include the UPU Constitution, General Regulations, Rules of Procedure, and Postal Payment Services Agreement.

5 Docket No. PI2012-1, Order No. 1420, Notice Providing Opportunity to Comment on Development of Commission Views pursuant to 39 U.S.C. 407(c)(1), July 31, 2012. The next UPU Congress is tentatively scheduled to convene in mid-September 2016 in Istanbul, Turkey.

6 Docket No. PI2012-1, Order No. 2335, Order Closing Docket, January 29, 2015, at 1.

III. Summary of Proposed Rules

The proposed rules describe general procedures associated with the development of the Commission's views on certain proposals submitted for consideration at UPU Congresses and related meetings. They are patterned on the approach followed in Docket No. PI2012-1 with several adjustments to reflect the Commission's experience in that docket.

The proposed rules establish a docket for each UPU Congress and related meetings to serve as an administrative mechanism for soliciting and receiving public comments and posting related notices and documents. Each docket will be established on or about 150 days before the date a UPU Congress is scheduled to convene. As in Docket No. PI2012-1, the Commission will seek comments on the general principles that should guide the Commission in the formation of its views. The proposed rules also allow comments on specific proposals to the extent such proposals are publicly available. Comment deadlines will be established on a case-by-case basis and based on the Commission's assessment of how much time can be allowed, consistent with timely submission of its views to the Secretary of State.

IV. Review and Analysis of Comments A. Overview

The Commission received initial comments from Joyce Dillard, Federal Express Corporation (FedEx), the Public Representative, and the Postal Service.7 The Commission received reply comments from FedEx, United Parcel Service (UPS), the Public Representative, and the Postal Service.8 Commenters generally support issuance of rules on procedures for administering certain view-related matters, but seek clarification of, and revisions relating to:

7 Comments Received from Joyce Dillard, August 28, 2015 (Dillard Comments); Comments of Federal Express Corporation, August 27, 2015 (FedEx Comments); Comments of the Public Representative, August 27, 2015 (PR Comments); and United States Postal Service Comments on Procedures Related to Commission Views, August 27, 2015 (Postal Service Comments).

8 Reply Comments of Federal Express Corporation, September 11, 2015 (FedEx Reply Comments); Reply Comments of United Parcel Service on the Proposed Rule to Adopt Procedures Related to the Commission's Views on International Postal Agreements, September 11, 2015 (UPS Reply Comments); Errata Notice of United Parcel Service, September 14, 2015; and Reply Comments of United Parcel Service on the Proposed Rule to Adopt Procedures Related to the Commission's Views on International Postal Agreements (Corrected and Refiled), September 14, 2015 (Corrected UPS Reply Comments); Reply Comments of the Public Representative, September 11, 2015 (PR Reply Comments); and United States Postal Service Reply Comments on Procedures Related to Commission Views, September 11, 2015 (Postal Service Reply Comments).

• The applicability of Administrative Procedure Act (APA) procedural requirements to views;

• the scope of comments and scope of Commission views, particularly with regard to the proposed definition of modern market regulation;

• several other matters related to the comment procedure, including the absence of an affirmative right to file reply comments;

• the definition of views;

• the Commission's option to suspend or forego solicitation of comments, including the proposed standard for exercising this option; and

• the availability of proposals and the Commission's views.

Having considered the comments received, the Commission adopts final rules that reflect several revisions to the proposed rules in response to comments as well as several other minor changes. The latter include revisions to reflect the Commission's intention to designate future dockets established pursuant to 39 CFR part 3017 as “International Mail” (IM) dockets, instead of “Public Inquiry” (PI) dockets, and to refer to “comments” instead of “public comments.” The Commission used the IM docket designation prior to the enactment of the PAEA for agency action related to preparation of a series of annual reports to Congress on international mail financial results. This change, which makes it easier for interested persons to locate international documents on the Commission's Web site, requires minor conforming changes to several of the proposed sections of part 3017.

B. Applicability of APA Procedural Requirements to Commission Views

Proposed rules. The Commission proposed adding rules in a new part 3017 to provide the public with a description of the general procedures it plans to use in connection with the development of views pursuant to 39 U.S.C. 407(c)(1), primarily with regard to obtaining public input. The proposed rules incorporate procedures consistent with the Commission's core responsibility to provide its views to the Secretary of State in a timely manner. The proposed rules also reflect the Commission's commitment to having the docket serve as a mechanism for handling related matters, such as informing the public about the availability of relevant proposals, the Commission's views, or other documents.

Commenters' positions. FedEx asserts that the proposed docket must comply with the notice and comment requirements of the APA, located in 5 U.S.C. 553.9 FedEx states that the Commission must employ APA procedures whenever it adopts a rule, and asserts there is “no reasonable doubt that the [v]iews are a `rule' as defined by the APA.” FedEx Comments at 8. FedEx acknowledges that there are several exceptions to the APA notice and comment requirements, and comments that the foreign affairs exception is the only one that “could plausibly be deemed applicable.” Id. at 8-9.

9 FedEx Comments at 8-12; FedEx Reply Comments at 4.

FedEx asserts that Congress has carefully avoided the procedural dilemma that combining regulatory and executive functions poses by deliberately creating a bifurcated decision-making process in 39 U.S.C. 407(c)(1) and (c)(2). Id. at 9. According to FedEx, under this process the Commission's responsibility is to apply title 39 of the U.S. Code to the rates and classifications under consideration, while the responsibility of the Secretary of State is to protect the foreign policy and national security interests of the United States by limiting, if necessary, application of the Commission's views. Id. FedEx acknowledges that the courts have never addressed this bifurcation in the context of the approval of intergovernmental postal agreements, but cites two cases it alleges concern similar bifurcations of regulatory and foreign policy functions in support of its position.10

10Id. at 9-10. See South African Airways v. Dole, 817 F.2d 119 (D.C. Cir. 1987); and Aerolineas Argentinas S.A. v. U.S. Department of Transportation, 415 F.3d 1 (D.C. Cir. 2005) (hereafter, South African Airways and Aerolineas Argentinas, respectively).

FedEx contends that South African Airways concerned a bifurcation of functions very similar to those in section 407. FedEx Comments at 9-10. As explained by FedEx, in South African Airways, the Court of Appeals for the District of Columbia Circuit found it appropriate for a court to review an order of the Secretary of Transportation revoking a permit of a foreign air carrier. Id. at 10. While such orders were subject to disapproval for foreign policy or national defense considerations by the President, the court found that judicial review was appropriate because the Secretary of Transportation's order was based on economic considerations and thus did not encroach on the President's foreign policy powers. Id.

FedEx contends that the South African Airways holding was confirmed and extended in Aerolineas Argentinas. Id. at 11. In support of this contention, FedEx asserts that the Court of Appeals for the District of Columbia Circuit held that a determination by the Secretary of Transportation that Argentina had unjustly discriminated against U.S. carriers was subject to judicial review after expiration of the period in which the President could have, but did not, disapprove of the determination. Id. FedEx asserts that the court “pointedly noted” that it should not lightly presume that Congress intended to grant the Department of Transportation “an unreviewable discretion to engage in otherwise noxious decisionmaking.” Id. FedEx concludes that the two cases demonstrate that the Commission must comply with the requirements of 5 U.S.C. 553 because the Commission's views do not involve a foreign affairs function of the United States. Id. at 11-12.

UPS supports FedEx's proposal to amend the proposed rules and incorporate APA notice and comment procedures on grounds that the Commission's views meet the definition of a rule under the APA because they are agency statements interpreting or prescribing law or policy. Corrected UPS Reply Comments at 8 n.6. UPS also asserts that the Commission has an important role under section 407(c)(1), noting that the Commission's views should be crucial in determining the Secretary of State's posture in international postal negotiations. Id. at 2. It nevertheless concludes that the foreign affairs exception is inapplicable on grounds that it is a particularly narrow exception to APA notice and comment requirements. Id. at 8-9. UPS asserts that for the exception to apply, the rulemaking should provoke undesirable international consequences, and concludes that complying with APA notice and comment procedures “could hardly be said” to produce this result. Id. at 9. UPS also contends that the scope of comments and the Commission's views are limited to compliance with the standards and criteria established by the Commission under 39 U.S.C. 3622 and concludes the foreign affairs exception is inapplicable because 39 U.S.C. 3622 does not directly concern foreign affairs. Id.

The Public Representative and the Postal Service assert that characterization of the Commission's views as a rule under the APA is incorrect.11 The Public Representative states that while the APA broadly defines a rule, the definition does not include a statement from an expert agency intended to inform the Secretary of State on the consistency of a potential international agreement with U.S. regulations. PR Reply Comments at 2. Moreover, she contends that a significant characteristic of a rule to which APA notice and comment procedures apply is that the rule must have the force and effect of law. Id. She reasons that a view does not fall under the APA's broad definition of a rule because absent action by the Secretary of State, it lacks any future legal effect. Id. The Public Representative also notes that a UPU body must approve the relevant proposals before they can take effect. Id. at 3.

11 PR Reply Comments at 2; Postal Service Reply Comments at 4.

The Public Representative also considers FedEx's reliance on South African Airways misplaced because the order at issue in that case is distinguishable from the Commission's views. Id. First, she asserts that the order from the Secretary of Transportation revoking foreign air carrier permits is distinguishable because the order was presented for presidential review while views are subject to the approval of the Secretary of State. Id. at 3-4. Second, the order at issue in South African Airways revoked a permit, while views provide the Secretary of State with the expert opinion of the agency in the best position to determine the consistency of such rates and classifications with domestic postal law before the Secretary supports or opposes a proposal. Id. at 4. She asserts that Congress intended for views to contribute to the development of the United States' position on a specific foreign relations matter, while the Secretary of Transportation revoked South African Airways' permit pursuant to a foreign policy determination expressed by Congress, by statute, and the President, by executive order. Id. at 4-5.

The Postal Service asserts that FedEx's assertion that the Commission providing its views to the Secretary of State constitutes issuance of an agency rule pursuant to the APA is simply wrong. Postal Service Reply Comments at 4. It contends that FedEx's discussion of the definition of rule relies on only part of the definition, and that a complete understanding of the APA definition of rule clearly establishes that the views of the Commission are not a rule subject to the APA rulemaking requirements. Id.

The Postal Service states that a rule as defined by the APA implements, interprets, or prescribes law or policy. Id. at 5. The Postal Service examines each of these characteristics separately as they relate to the role of the Commission in 39 U.S.C. 407(c)(1) and contends that the views do not constitute rules under the APA. Id. It states that implementation of a law or policy requires an action that results in an impact on a specific party, and contends that views are merely the position of the Commission on the consistency of UPU proposals with U.S. postal laws that assist the Secretary of State in making foreign policy decisions. Id. at 5. The Postal Service asserts that interpretation relates to an agency action to review and provide a true meaning or understanding as to language. Id. It concludes that 39 U.S.C. 407(c)(1) does not involve any interpretation by the Commission. Id. Finally, the Postal Service states the Commission's views do not prescribe law or policy within the purview of the Commission; instead, it asserts the views have no legal or policy ramifications, but instead provide interagency guidance. Id. As such, the Postal Service contends these views are not a rule under the APA and the Commission need not comply with the formal rulemaking requirements of title 5 of the United States Code. Id.

Commission analysis. Under the APA, a rule is defined broadly and includes any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, including the approval or prescription for the future of rates. 5 U.S.C. 551(4). Rulemaking is the agency process for formulating, amending, or repealing a rule.12 5 U.S.C. 551(5). Significantly, 5 U.S.C. 553, which addresses rulemakings, provides an exception to the requirements of that provision to the extent a military or foreign affairs function of the United States is implicated by the rulemaking or the rulemaking relates to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. 553(a)(1) and (2).

12 Rulemaking is one of two categories of agency actions defined in the APA; adjudication is the other. See 5 U.S.C. 551(7). Adjudication involves matters such as the issuance of permits or certificates. 5 U.S.C. 551(8). No commenter addressing APA procedural requirements asserts that development of views involves adjudication.

Under 5 U.S.C. 553, rulemakings generally require that an agency publish a notice concerning the intended rulemaking in the Federal Register and provide an opportunity for commenters to submit written comments. 5 U.S.C. 553(b)(1)-(3); 5 U.S.C. 553(c). Publication of a substantive rule is to occur not less than 30 days before the effective date, except in certain specified circumstances. 5 U.S.C. 553(d)(1)-(3).

FedEx and UPS contend that views are rules as defined by the APA, and as a result, FedEx and UPS assert that the Commission should amend the proposed rules to ensure that the APA's notice and comment requirements are incorporated into the final rules. FedEx Comments at 8-12; Corrected UPS Reply Comments at 8-9. The Postal Service and the Public Representative disagree and provide support for their assertion that the APA's notice and comment requirements do not apply to views. Postal Service Reply Comments at 4-6; PR Reply Comments at 2-5. As a whole, the comments raise two distinct questions concerning the applicability of the APA to views: Whether views constitute rules under 5 U.S.C. 551(4); and whether views must comply with the notice and comment requirements of 5 U.S.C. 553 if views are in fact rules under the APA. The Commission concludes that views are not rules as defined by the APA, and that even if views were considered to be rules, they are exempt from the notice and comment requirements of 5 U.S.C. 553.

Determining whether views are rules under the APA begins with examination of the function the Commission performs in developing views and the statutory authority for the exercise of that function. With respect to function, the plain language of 39 U.S.C. 407 makes clear that Commission views are an interagency advisory communication prepared at the request, and for the sole consideration of, the Secretary of State prior to his/her conclusion of treaties, conventions, or amendments addressing certain international postal rates and classifications. See 39 U.S.C. 407(c)(1) and (2). This interagency communication advises the Secretary of State on the consistency of those rate and classification proposals with title 39 policies. The advisory nature of views is demonstrated by how many steps the views are removed from final international postal rates and classifications. After the Commission transmits its views to the Secretary of State, the Secretary of State then finalizes U.S. positions on UPU proposals consistent with the Commission's views unless the Secretary of State determines foreign policy or national security reasons dictate otherwise. 39 U.S.C. 407(c)(2). The Secretary of State then uses the various U.S. positions to negotiate and act on UPU proposals. The UPU Acts are then amended to incorporate adopted proposals and generally must be signed by the President or his/her delegate for U.S. ratification or accession. The Commission's views are simply too many steps removed from the final rates and classifications adopted by the UPU and signed by the President to be classified as rules. The number of steps between the view and a final binding decision also distinguishes views from the types of orders at issue in South African Airways and Aerolineas Argentinas. 13

13 The two cases are also distinguishable from views on several other grounds, including that the orders in these cases involved action on permits, not rates and classifications. Agency action on permits falls within the APA definition of a license, which is associated with adjudication (and related orders), rather than rulemaking. See 5 U.S.C. 551(8); see also 5 U.S.C. 551(6) and (7). In addition, the facts involved statutory provisions that mandated issuance of an order and directly addressed the terms for judicial review of permit actions, in contrast to section 407's silence on issuance of an order and judicial review.

The advisory, interagency nature of the communication and the subject matter—international rates and classifications—also materially distinguish the Commission's views from the conventional rulemaking activity of ratemaking. The Commission's domestic rate and classification rulemakings typically are not purely advisory in nature, nor are they designed for the sole consideration of the Secretary of State. Instead, these rulemakings are intended to have binding effect on those who are regulated (or engage in activities regulated) by the agency conducting the rulemaking. However, the Secretary of State pursuant to title 39 exercises the primary authority for the conduct of foreign policy with respect to international postal and delivery services, including the determination of U.S. positions in negotiations with foreign governments and international bodies. See 39 U.S.C. 407(b)(2).

The Commission provides advisory views to the Secretary of State, which are distinct from rules under the APA that directly implement, interpret, or prescribe law or policy with respect to the application of future rates, wages, or prices. Commission views do not prescribe, establish, or enforce international rates or classifications. These considerations all support the conclusion that views sent to the Secretary of State are a statutory responsibility that falls outside the APA's definition of a rule.

Even if views were considered rules under the APA, the notice and comment requirements of 5 U.S.C. 553 do not apply. First, under the APA, substantive legislative rules are the only rules subject to the notice and comment requirements of 5 U.S.C. 553.14 Legislative rules are defined as “those that grant rights, impose obligations, or produce other significant effects on private interests.” Id. (citing Batterton v. Marshall, 648 F.2d 694, 701-02 (D.C. Cir. 1980)). Legislative rules also must have legal effect. Id. The test for determining whether a rule has legal effect involves consideration of the following factors: “(1) Whether in the absence of the rule there would not be an adequate legislative basis for enforcement action or other agency action to confer benefits or ensure the performance of duties, (2) whether the agency has published the rule in the Code of Federal Regulations, (3) whether the agency has explicitly invoked its general legislative authority, [and] (4) whether the rule effectively amends a prior legislative rule.” Id. (citing Am. Mining Cong. v. Mine Safety & Health Admin., 995 F.2d 1106, 1112 (D.C. Cir. 1993)). Courts also consider the agency's characterization of its rule and whether the rule has been applied consistently in the past. Id.

14Perez v. Mortgage Bankers Assn, 135 S.Ct. 1199, 1203-04 (2015); Mountain States Health Alliance v. Burwell, No. 13-641, 2015 WL 5297498, at *7 (D.D.C. Sep. 10, 2015).

The Commission's views are not substantive legislative rules. They do not grant rights or impose obligations, nor do they produce other significant effects on private interests; instead, they simply advise the Secretary of State. They have not been and will not be published in the Federal Register. The Commission provides its advisory views in accordance with 39 U.S.C. 407(c)(1), which does not grant the Commission general legislative authority. Views, unlike regulations, do not amend past views but instead address current UPU proposals. Therefore, even if views were considered to be rules, the notice and comment requirements of 5 U.S.C. 553 do not apply.

Second, views are also exempt from APA notice and comment requirements pursuant to 5 U.S.C. 553(a)(1) as an agency action involving a foreign affairs function. In considering the applicability of the foreign affairs exception, the initial question is whether a view involves a foreign affairs function. Several factors support the conclusion that this is the case with Commission views. For example, the Commission's responsibility for developing a view is lodged in 39 U.S.C. 407(c)(1). The parent provision, 39 U.S.C. 407, is captioned “International postal arrangements.” Also, contextually, the plain language of 39 U.S.C. 407(c)(1) establishes the requisite nexus to a foreign affairs function by providing that “before concluding any treaty, convention, or amendment” that establishes a rate for a market dominant product, the Secretary of State shall request the Commission's views. By definition, the Commission is advising the Secretary of State on matters directly related to foreign affairs—the terms of international postal treaties, conventions, and amendments.

As exemptions to the APA's procedural requirements are to be narrowly construed, the second question is whether a rulemaking would unduly interfere with the asserted foreign affairs function. If not, the exemption generally does not apply.15 The critical considerations associated with 39 U.S.C. 407(c), in terms of the Commission's role, are the soundness and timeliness of the views, as the Secretary of State must have an opportunity to review and assess them prior to concluding his/her responsibilities under 39 U.S.C. 407(c), which includes development of U.S. positions on UPU proposals.

15See United States Department of Justice, Attorney General's Manual on the Administrative Procedure Act 26 (1947), noting that the Senate and House reports stated that the phrase “foreign affairs function” is not to be loosely interpreted to mean any function extending beyond the borders of the United States, but only to those “affairs” which so affect relations with other governments that, for example, the public rulemaking provisions would clearly provoke definitely undesirable international consequences. In addition, it has been held that modification, interpretation, or violation of an international agreement's terms are clearly and directly matters of foreign affairs. Mast Industries, Inc. v. Regan, 596 F. Supp. 1567, 1579 (1984).

In practice, the development of the Commission's view occurs within an extremely compressed timetable. Given this practical reality, compliance with all APA procedural requirements would hamstring the Commission's ability to provide the Secretary of State with sound, timely views. A brief review of the process illustrates the difficulties.

First, development of a Commission view typically occurs in the context of a UPU Congress. The UPU is solely responsible for determining the distribution schedule for the proposals the Commission reviews. In light of different submission deadlines and the need for translation, typically the UPU does not make all proposals available at once, and often makes many proposals available only very near the start of a UPU Congress. In some cases, amendments to proposals are only made available immediately before the meeting at which the proposals are to be considered. In addition, verbal amendments may be proposed during deliberations.

Second, the Commission is unable to ensure the availability of the proposals to interested parties because the UPU does not make them publicly available.

Third, upon receipt of the proposals, development of views entails deliberations by the Commission and coordination of a view in time for the Secretary of State to have a meaningful opportunity to consider the Commission's advice. In cases when proposals are made available by the UPU with very little time for evaluation, the Commission will frequently provide its preliminary assessment verbally, following up later with a written view. Ensuring that interested persons have an opportunity to review all proposals—and responding to each concern as occurs in most rulemakings—would preclude timely preparation and submission of views to the Secretary of State.

Fourth, given the compressed timetable under which 39 U.S.C. 407(c) functions occur, waiting until 30 days after publication in the Federal Register would in many cases mean that the Secretary of State could not rely on the Commission's views until well after a U.S. position had been developed and the proposals are deliberated at the UPU. See 5 U.S.C. 553(d)(3). For these reasons, the foreign affairs exemption would apply if views were found to be rules within the meaning of the APA.

C. Section 3017.1(a)—Definition of Modern Rate Regulation

Proposed rule. Proposed § 3017.1(a) defines modern rate regulation as the standards and criteria the Commission has established pursuant to 39 U.S.C. 3622.

Commenters' positions. The Postal Service proposes that the definition of modern rate regulation be amended to “the standards and criteria that the Commission has established in [39 CFR part 3010] with respect to rates and part 3020 with respect to classification pursuant to its authority in [39 U.S.C. 3622].” Postal Service Comments at 9. The Postal Service observes that the definition in the proposed rules is identical to the statutory language of 39 U.S.C. 407(c)(1). Id. However, it contends that this definition, if interpreted as it has been in the past, not only deviates from the Commission's statutory authority, but may result in confusion for members of the public and unnecessary work for those submitting comments. Id. at 2. It urges the Commission to clarify the definition to ensure comments do not exceed the scope of the Commission's views as delineated by 39 U.S.C. 407(c)(1). Id.

The Postal Service notes that in Docket No. PI2012-1, the Commission solicited comments on the principles that should guide development of its views on the consistency of proposals with the standards and criteria of 39 U.S.C. 3622. Id. at 6. It asserts that this solicitation, while closely related to the statute, exceeded the scope of 39 U.S.C. 407(c)(1) and resulted in comments focused on the objectives and factors of 39 U.S.C. 3622 rather than the standards and criteria established by the Commission. Id. at 7. The Postal Service contends that its proposed definition of modern rate regulation unambiguously identifies the standards and criteria established by the Commission as being found in part 3010 for UPU proposals related to rates and in part 3020 for UPU proposals related to classifications, and points commenters to the relevant regulations on which the Commission will base its view to the Secretary of State. Id. at 9-10.

The Postal Service suggests that changes in these rates might be analogized to a Type 1 rate adjustment and proposes that the standards for Type 1 rate adjustments in 39 CFR 3010.11(d) be applied to UPU proposals. Id. at 5. The Postal Service also notes that part 3020 establishes the rules for Postal Service products and the classification of those products. Id. With respect to the Commission review process of UPU proposals, however, it states that part 3020 is rarely applicable because UPU proposals reviewed by the Commission rarely relate to classification changes for market dominant products. Id. Thus, the Postal Service asserts that the Commission usually does not need to consider the standards and criteria in part 3020 when issuing its views to the Secretary of State. Id.

UPS asserts that the Postal Service's proposed definition of modern rate regulation is inconsistent with 39 U.S.C. 407(c) and urges the Commission to reject it. Corrected UPS Reply Comments at 1. UPS observes that the issues raised by UPU proposals extend beyond the legality of terminal dues rates. Id. at 4. It asserts that the Commission must also consider other UPU proposals in light of, for example, the objective of 39 U.S.C. 3622(b)(7) to enhance mail security and deter terrorism. Id.

UPS also contends the Postal Service's proposal is at odds with how the Postal Service interpreted the Commission's authority in 2012, when the Postal Service stated that under section 407(c), the Commission is tasked with providing its view on whether proposals are consistent with the 39 U.S.C. 3622 objectives and factors. Id. at 10 n.7.

UPS asserts that when the Commission considers the objectives and factors of 39 U.S.C. 3622 in evaluating UPU proposals, it is giving heed to the statutory language of 39 U.S.C. 407(c)(1). Id. at 10. UPS contends that any standard or criterion established by the Commission “under” section 3622 must be consistent with section 3622 because agencies' jurisdiction and substantive powers are limited by statute, and they can only act in conformance with their statutory mandate. Id.

UPS also states that having empowered and required the Commission to craft regulations in conformance with section 3622, it is implausible that Congress would require that the Commission ignore section 3622 when evaluating UPU proposals. Id. at 11. It states that agencies must always consider their governing statutes when taking any action and must ensure that their actions are consistent with those statutes. Id. UPS contends that at a minimum, 39 U.S.C. 407(c)(1) should not be read as preventing the Commission from considering the objectives and factors of 39 U.S.C. 3622. Id. UPS asserts that 39 U.S.C. 407(c)(1) is most sensibly read as affirmatively encouraging the Commission to consider the objectives and factors. Id.

FedEx agrees, in principle, with the Postal Service's assertion that the Commission's approach to reviewing proposed UPU rates and classifications for market dominant products should closely parallel the agency's review of rates and classifications for market dominant domestic products, but disagrees with the Postal Service on the implications of this observation for the proposed rules. FedEx Reply Comments at 1. FedEx disagrees with the Postal Service's conclusion that 39 CFR parts 3010 and 3020 prohibit commenters and the Commission from considering the consistency of relevant UPU proposals with title 39 requirements other than those explicitly mentioned in 39 CFR parts 3010 and 3020. Id. at 3. It observes, for example, that 39 CFR 3010.11(c) provides that public comments may address other relevant statutory provisions and applicable Commission orders and directives. Id. Moreover, FedEx notes that the Postal Service's position that 39 CFR parts 3010 and 3020 constrain the Commission's review rests on the assumption that UPU rates are considered a Type 1 rate adjustments, an issue that the Commission has not decided. Id.

FedEx asserts that given the intense reconsideration of product definitions now underway at the UPU, it is hardly self-evident that the rates and classifications that will be proposed for consideration at the next UPU Congress should be considered analogous to Type 1 rate adjustments. Id. It also argues that the international nature of UPU rates necessarily requires the Commission to consider some elements of title 39 that are not involved in a review of domestic rates and classifications. Id.

Commission analysis. The Commission declines to adopt the revision proposed by the Postal Service. The Commission concludes that the definition as originally proposed, which defines modern rate regulation in terms “identical to the statutory language of [39 U.S.C. 407(c)(1)],” is appropriate. See Postal Service Comments at 9. In addition to being consistent with the statute, the definition is also consistent with the Commission's past practices with respect to providing its views to the Secretary of State on the consistency of such rate or classification with modern rate setting criteria.16

16See e.g., Order No. 2602 at 1-2; Docket No. PI2012-1, Comments of the United States Postal Service, August 27, 2012, at 2-4.

The Postal Service's proposed modification would also artificially detach the Commission's views from the underlying objectives and factors of modern rate regulation, which are the basis of the “standards and criteria established by the Commission under section 3622.” 39 U.S.C. 407(c)(1). Moreover, the Postal Service's proposed analogy to Type 1 rate cases seemingly conflicts with its comments in light of the fact that sections in 39 CFR part 3010 request expansive comments (i.e., 39 CFR 3010.11(c)) and explicitly refer to the objectives and factors enumerated in 39 U.S.C. 3622 (i.e., 39 CFR 3010.12(b)(7) and (8)). Furthermore, the Postal Service's suggestion to restrict the definition to 39 CFR parts 3010 and 3020 is too limiting. For example, the Commission's authority to regulate service performance standards was also drawn from 39 U.S.C. 3622. See 39 CFR part 3055. Consequently, the Commission declines to adopt the Postal Service's proposed modification and adopts the proposed paragraph (a) as a final rule, without change.

D. Section 3017.1(b)—Definition of Views

Proposed rule. Proposed § 3017.1(b) defines views as the opinion the Commission provides to the Secretary of State in the context of certain UPU proceedings on the consistency of a proposal affecting a market dominant rate or classification with modern rate regulation.

Commenters' positions. FedEx and the Public Representative suggest revisions to the definition of views. FedEx asserts that the definition should correspond to the scope of the Commission's obligations under section 407(c)(1), and should not be limited only to the opinion the Commission provides to the Secretary of State in the context of certain UPU proceedings. FedEx Comments at 12-13. Instead, FedEx contends that the definition should encompass each opinion the Commission is obliged to provide to the Secretary of State before a treaty, convention, or amendment that establishes a rate or classification for a product subject to subchapter I of chapter 36 is concluded. Id. FedEx asserts that section 407(c)(1) applies to all rates and classifications for international market dominant products established by the Secretary of State by intergovernmental agreement. Id. at 13.

In response, the Public Representative asserts that FedEx's proposed revision is unnecessary. PR Reply Comments at 6. She nonetheless states that the proposed rules may benefit from clarifying that part 3017 does not preclude the Commission from initiating a docket and soliciting comments on a relevant non-UPU treaty, convention, or amendment. Id. at 6-7.

The Public Representative also recommends, in conjunction with a suggestion to add a definition of relevant proposal, that the proposed definition of views be limited to opinions on “relevant proposals.” PR Comments at 6-7. She notes that the proposed rules indicate that the Commission will provide views on proposals that affect a market dominant rate or classification but would not exclude proposals that are unable to be assessed because they are for future rates or classifications and lack the detail needed to make an assessment, or proposals that were rejected or withdrawn. Id. at 7. The Public Representative recommends that the Commission amend § 3017.1 to limit views to relevant proposals and then offer a separate definition of relevant proposal in § 3017.1. Id. at 7; Attachment 1 at 1.

Commission analysis. FedEx proposes to define views as opinions the Commission provides to the Secretary of State before the Secretary of State concludes any treaty, convention, or amendment that establishes a rate or classification for a product subject to subchapter I of chapter 36. This accurately reflects the language of 39 U.S.C. 407(c)(1). However, each applicable “treaty, convention, or amendment” since the PAEA was enacted has occurred in the context of certain UPU proceedings. It appears that the two suggested approaches have identical practical effects and that tying each docket to a specific UPU Congress will allow interested persons to more easily track relevant proposed changes. As a result, the Commission adjusts the definition of views in § 3017.1 to accommodate the scope of the statute as discussed above. Part 3017 is not intended to preclude the Commission from establishing a docket, accepting comments, or giving views in non-UPU contexts that meet the requirements of 39 U.S.C. 407(c)(1).

The Commission also concludes that the proposals on which it provides its views do not require clarification. According to the proposed definition, the Commission only gives views on “. . . the consistency of a proposal affecting a market dominant rate or classification with modern rate regulation.” The requirement that the proposal affect a market dominant rate or classification excludes proposals that will not have an effect because they have been withdrawn or rejected, as well as proposals with effects unable to be assessed because they lack the requisite detail to make an assessment. Consequently, except for the changes in the definition section as explained above, the Commission adopts the proposed rule as a final rule without any additional changes relating to the comments regarding proposals.

E. Section 3017.2—Purpose

Proposed rule. The proposed rule states that the proposed part 3017's purpose is to facilitate public participation in, and promote the transparency of, the development of Commission views.

Commenters' positions. No commenter specifically addresses this proposed rule.

Commission analysis. The Commission has reviewed this section and concludes that it accurately describes the purpose of the rules. Consequently, it adopts the proposed rule as a final rule, without change.

F. Section 3017.3—Establishment and Scope of Docket

Proposed § 3017.3 consists of three paragraphs. As proposed, paragraph (a) establishes the target date for establishing a public inquiry docket as on or about 150 days before a UPU Congress convenes, and states that the Commission will solicit comments on the general principles that should guide the Commission's development of views on relevant proposals, in a general way, and, if available, on specific relevant proposals. Proposed paragraph (b) states that the public inquiry docket established pursuant to paragraph (a) of this section may also encompass matters related to development of the Commission's views, such as the availability of relevant proposals, the views, other documents, and related actions. Proposed paragraph (c) provides that the notice establishing each public inquiry docket will be published in the Federal Register.

1. Scope of the Docket

Commenters' positions. FedEx seeks expansion of the scope of the public inquiry docket to include all international agreements that impact rates or classifications of market dominant products. FedEx Comments at 13. It asserts that the wording of paragraph (a) suggests that the Commission can limit its views to a high level review of proposed rates and classifications; however, it contends that 39 U.S.C. 407(c)(1) clearly requires the Commission to consider carefully all of the criteria set out in 39 U.S.C. 3622. Id. FedEx also asserts that the Commission cannot fail to provide views on relevant proposals merely because they are not available on or about 150 days before a UPU Congress convenes. Id. It further asserts that the Commission is obliged by 39 U.S.C. 407(c)(1) to develop views on specific proposals as they become available. Id.

The Postal Service characterizes FedEx's position as “directly counter to the plain reading of section 407(c)(1).” Postal Service Reply Comments at 5. It notes that FedEx uses the word “agreement,” which is different and distinct from what is set forth in the statute. Id. The Postal Service asserts that 39 U.S.C. 407(c)(1) requires the Secretary of State to seek the Commission's view prior to concluding any treaty, convention, amendment. Id. at 5-6. The Postal Service asserts that these terms are distinct from an “agreement” as interpreted by FedEx, and that the Commission has properly focused the proposed rules on issues governed by the UPU Congress. Id. at 6. The Postal Service further asserts that 39 U.S.C. 407(c)(1) “only applies to decisions taken by the United States, [through] the Secretary of State, at the UPU Congress, and thus the Commission need not create a procedure for public solicitation of comments for every UPU proposal at meetings between UPU Congresses.” Id.

In response to FedEx, the Public Representative notes that proposed § 3017.3 can be interpreted as providing a docket for each UPU Congress, including the relevant proposals for UPU meetings following that Congress but prior to the next Congress. PR Reply Comments at 7. She nonetheless does not object to a clarification of the rule. Id. The Public Representative also responds to FedEx's statement that proposed § 3017.3(a) suggests that the Commission can limit its views to a high level review. Id. She argues that the language from the proposed rule that FedEx applies to views was intended to apply to commenters. It was also intended to allow comments on both specific proposals and general principles that can be applied to various proposals or in cases where specific proposals are unavailable. Id. at 7-8. The Public Representative concludes that she supports § 3017.3 as proposed. Id. at 8.

Commission analysis. FedEx highlights a need to revise the wording of § 3017.3 to clarify that it is the solicitation of comments that may be limited due to the Commission's inability to make proposals available. FedEx Comments at 13. The Commission intends for § 3017.3(a) to allow for comments to cover both approaches and principles that pertain to the proposals generally as well as specific proposals when the Commission is able to make these available.

FedEx also is concerned the proposed rules are too narrowly tailored to UPU Congresses. Id. at 13. As noted in Order No. 2602, each docket will cover a UPU Congress and related meetings. Order No. 2602 at 2-3. To further clarify its intent in the proposed regulations, the Commission will insert into section 3017.3 the phrase, “or such advance time as the Commission determines for any other 39 U.S.C. 407(c)(1) matter.” The Commission adopts the proposed § 3017.3 as a final rule, with clarifications outlined above concerning the scope of comments and revisions to reflect the intention to use the IM designation.

2. Availability of Proposals

Commenters' positions. The Public Representative suggests that the Commission make every effort to provide the text or a detailed summary of the relevant proposals to the public. PR Comments at 3. She believes this will facilitate discussion by providing potential commenters with a lexicon of terms and titles for use in referencing specific proposals and with better information about the scope of issues in each docket. See generally PR Comments at 3-5. By not providing proposals, the Public Representative is concerned the public is segregated into those who have independent knowledge of proposals and those who do not. Id. at 5. The Public Representative acknowledges that circumstances may prevent the Commission from providing text or summaries of all proposals, but nonetheless asserts that the Commission should provide information regarding specific proposals in advance. Id. at 6. UPS supports this suggestion, and further supports any and all efforts by the Commission to provide as much information as soon as possible. Corrected UPS Reply Comments at 6. It asserts that “[o]therwise, any discussion of the proposals would likely lack meaningful impact.” Id.

The Postal Service observes that UPU proposals generally are not publicly available documents, and states that the Commission should not release documents that are not publicly available. Postal Service Reply Comments at 2. In addition, the Postal Service contests the Public Representative's contention that absent the Commission's provision of the proposals, the public is not in a position to provide meaningful feedback. Id. The Postal Service states that the ability to provide comments on how the Commission should undertake its statutory role is not dependent on access to specific proposals. Id. It states that the prior public inquiry docket shows that the public can comment on broad policy objectives and principles. Id.

The Postal Service also asserts that comments on specific proposals “will significantly burden the commenters and the Commission without providing the overarching opinions of the commenters that are most beneficial to the Commission in developing its views.” Id. In addition, the Postal Service states that the proposed rule 3017.3(a) already sets forth that when a specific proposal is relevant and deemed significant to assist in developing the Commission's view, the Commission will seek comments on that specific proposal. Id. The Postal Service asserts that the proposed rules appropriately seek general comments on relevant proposals that impact market dominant rates and classifications and specific proposals when determined necessary. Id. at 2-3.

Commission analysis. The Commission appreciates commenters' interest in access to specific proposals. The Commission is neither the originator nor the official custodian of these documents and as such, it is not in a position to guarantee their availability. As commenters also acknowledge, the proposals are not usually publicly available. However, the rule expresses the Commission's intent to solicit comments on specific proposals if it can make them available.

In addition, the Commission found comments on the general principles that should guide the Commission's development of views useful and informative in Docket No. PI2012-1. The inclusion of a reference to specific proposals in the proposed set of rules does not diminish the importance the Commission places on receiving general comments concerning suggested principles and approaches.

G. Section 3017.4—Comment Deadline(s)

Proposed rule. Proposed § 3017.4 consists of two paragraphs. Proposed paragraph (a) provides that the deadline for public comments will be established consistent with the Commission's assessment of its ability to file timely views with the Secretary of State. Proposed § 3017.4(b) employs the same standard for suspending or foregoing solicitation of public comments if receiving comments would impede the Commission's ability to provide timely submission of views to the Secretary of State.

1. Suspending or Foregoing Solicitation of Public Comments

Commenters' positions. FedEx, consistent with its position on the applicability of APA notice and comment requirements to a part 3017 docket, suggests that provisions for deadlines and abbreviated procedures should conform to 5 U.S.C. 553. FedEx Comments at 14. FedEx does not consider timely submission of the Commission views to the Secretary of State an adequate justification for curtailing or eliminating notice and comment procedures required by the APA. Id.

Joyce Dillard states comments should not be suspended or foregone because “all public comment should be welcomed on any United States treaty, convention, amendment, or any other transactions.” Dillard Comments at 1. She also states that privatization of the government should not be the Commission's objective. Id. She further asserts that the public needs a voice and representation. Id.

FedEx agrees with Joyce Dillard's position on the public's need for a voice and representation. FedEx Reply Comments at 4. However, it suggests that Joyce Dillard's implication that the proposed procedures also imply the Commission's intent to foster privatization of the government may be due to a misunderstanding of the Commission's notice. Id. at 4-5. The Postal Service opposes Joyce Dillard's suggestions, arguing that “the Commission should maintain the ability to forego solicitation of comments when necessary, especially when the submission of the Commission's views to the Secretary of State would otherwise be delayed.” Postal Service Reply Comments at 6-7.

The Public Representative states that circumstances may require suspending or foregoing comments in order to allow the Commission to provide views to the Secretary of State in a timely manner.17 She opposes FedEx's approach because it “would negatively impact the United States' ability to negotiate and conclude international agreements.” PR Reply Comments at 6. However, she suggests including a requirement for issuance of a notice of suspension as new § 3017.4(b)(1). PR Comments at 9-10; id. Attachment 1 at 2.

17 PR Comments at 9-10; PR Reply Comments at 5.

Commission analysis. As explained in section IV.B supra, the requirements of 5 U.S.C. 553 are inapplicable to Commission views. Although the APA notice and comment requirements do not apply, the Commission shares the commenters' interests in having procedures that enhance opportunities for public participation and has crafted part 3017 for that reason. At the same time, Docket No. PI2012-1 demonstrated for the Commission that providing an opportunity for input must be balanced with the Commission's primary statutory responsibility under 39 U.S.C. 407—the timely submission of its views to the Secretary of State. The Commission concludes that the standard for suspending and foregoing comments that appears in proposed § 3017.4(b) appropriately balances an opportunity for comment with the Commission's statutory responsibility. The Commission will endeavor to keep commenters informed when comments are suspended. Nonetheless, the Commission declines to adopt the Public Representative's suggestion of the issuance of a formal notice of suspension (or of foregoing) solicitation of comments on grounds that a formal requirement may reduce the Commission's ability to file timely comments with the Secretary of State.

The Commission adopts proposed § 3017.4 as a final rule, with minor editorial revisions to reflect the intention to use the IM designation and the replacement of “public comment” with “comment.”

2. Absence of Provision for Reply Comments

The Public Representative acknowledges that the Commission has explained that it is not initiating reply comments due to time constraints, but reads the proposed rules to allow interested parties the opportunity to submit reply comments at the Commission's discretion. PR Comments at 7-8. She encourages the Commission to provide interested parties an opportunity to submit reply comments if time permits and suggests incorporating reply comments into § 3017.4. Id. at 8; Attachment 1 at 2. She also suggests that the Commission provide advance notice of the opportunity to file reply comments as she believes this will facilitate timely public participation. Id. at 9; Attachment 1 at 2.

UPS agrees with the Public Representative's suggestion with respect to providing for reply comments. Corrected UPS Reply Comments at 8. UPS's rationale is that reply comments are valuable because they allow parties to point out flaws in other parties' initial comments. UPS states that reply comments should expedite rather than delay development of the Commission's views. Id.

The Postal Service contends that reply comments are unnecessary and would delay the proceedings. Postal Service Reply Comments at 3. It asserts that in the past, the Commission specifically set forth the policies and scope of the comments it was soliciting from the public, resulting in ample opportunity to develop and submit comments. Id. The Postal Service further asserts that the proposed dockets are not adversarial proceedings requiring counter arguments and that a single round of comments is sufficient to allow commenters to provide their own views to the Commission. Id.

Commission analysis. As the Public Representative and the Postal Service note, the Commission did not originally include an opportunity to file reply comments when it established Docket No. P2012-1. However, the Commission subsequently granted a request to file reply comments, but due to the timetable concluded that it could only allow 3 days for reply comments.18 The limited time for reply comments allowed in Docket No. PI2012-1 strained the Commission's preparation of views and, as the Public Representative observes, the limited time also may not have provided all commenters with adequate time to review the initial comments and file responses.

18 Docket No. PI2012-1, Order No. 1451, Order Allowing for Reply Comments, August 28, 2012.

The Commission appreciates that reply comments may provide additional useful insights; however, as the Postal Service observes, the purpose of a part 3017 docket is not to facilitate an adversarial proceeding, but rather to provide an opportunity for commenters to provide input on how the views should be developed. This can be accomplished without reply comments. As such, the Commission does not plan to provide an opportunity for reply comments in the ordinary course of a part 3017 docket.

H. Section 3017.5—Commission Discretion

Proposed rule. Proposed rule 3017.5 states that the Commission will review timely filed comments prior to submitting its views to the Secretary of State.

Commenter's position. FedEx asserts that proposed § 3017.5 overstates the Commission's discretion. FedEx Comments at 14. It asserts that the Commission's discretion with respect to its review of comments is limited by the APA and principles of administrative law and draws an analogy to the Commission's review of domestic rates. Id. FedEx suggests that proposed § 3017.5 be deleted. Id.

Commission analysis. As explained in section IV.B supra, Commission views are not subject to the requirements of 5 U.S.C. 553. As such, the Commission is not required to follow the APA's notice and comment requirements prior to submitting its views. Despite no legal requirement that it do so, the Commission is creating a new part 3017 to allow for increased public input and transparency into the development of its views pursuant to 39 U.S.C. 407(c). Proposed § 3017.5 is intended to place the public on notice that comments submitted in response to a part 3017 solicitation will be reviewed by the Commission, and that the review will be limited to timely filed comments. Limiting review to timely filed comments is consistent with the necessity that an opportunity to provide comments in a part 3017 docket does not hinder the Commission's ability to submit its views to the Secretary of State in a timely manner. However, the Commission concludes that it would be useful to clarify that comments must not only be timely filed, but filed in response to a Commission solicitation under this part.

The Commission adopts proposed § 3017.5 as a final rule, with minor revisions to the caption and text for clarity.

I. Publication of Views in the Federal Register

Commenter's position. UPS proposes that the Commission publish its views in the Federal Register when the views are sent to the Department of State. Corrected UPS Reply Comments at 6. It asserts that publishing the Commission's views engenders greater public confidence that the objectives of 39 U.S.C. 3622 and 39 U.S.C. 407 are being followed, increases transparency, and encourages participation in part 3017 dockets. Id. at 7-8.

Commission analysis. As indicated in § 3017.3(b), the Commission intends to post its views in the docket with which it is associated after conclusion of deliberations on a related treaty, convention, or amendment. The Commission believes that posting its views on the agency Web site will address UPS's concerns.

V. Ordering Paragraphs

It is ordered:

1. The Commission adopts 39 CFR part 3017 as a final rule, effective 30 days following publication in the Federal Register.

2. The Secretary shall arrange for publication of this Order in the Federal Register.

List of Subjects in 39 CFR Part 3017

Administrative practice and procedure, International agreements, Postal Service.

For the reasons discussed in the preamble, the Commission amends chapter III of title 39 of the Code of Federal Regulations by adding part 3017 to read as follows: PART 3017—PROCEDURES RELATED TO COMMISSION VIEWS Sec. 3017.1 Definitions in this part. 3017.2 Purpose. 3017.3 Establishment and scope of docket. 3017.4 Comment deadline(s). 3017.5 Commission discretion as to treatment of comments. Authority:

39 U.S.C. 407; 503.

§ 3017.1 Definitions in this part.

(a) Modern rate regulation refers to the standards and criteria the Commission has established pursuant to 39 U.S.C. 3622.

(b) Views refers to the opinion the Commission provides to the Secretary of State pursuant to 39 U.S.C. 407(c)(1) on the consistency with modern rate regulation of a proposed treaty, convention, or amendment that establishes a market dominant rate or classification.

§ 3017.2 Purpose.

The rules in this part are intended to facilitate public participation in, and promote the transparency of, the development of Commission views.

§ 3017.3 Establishment and scope of docket.

(a) On or about 150 days before a Universal Postal Union Congress convenes or such advance time as the Commission determines for any other 39 U.S.C. 407(c)(1) matter, the Commission will establish a docket to solicit comments on the general principles that should guide the Commission's development of views on relevant proposals, in a general way, and on specific relevant proposals, if the Commission is able to make these available.

(b) The docket established pursuant to paragraph (a) of this section may also include matters related to development of the Commission's views, such as the availability of relevant proposals, Commission views, other documents, or related actions.

(c) The Commission shall arrange for publication in the Federal Register of the notice establishing each docket authorized under this part.

§ 3017.4 Comment deadline(s).

(a) The Commission shall establish a deadline for comments upon establishment of the docket that is consistent with timely submission of the Commission's views to the Secretary of State. The Commission may establish other deadlines for comments as appropriate.

(b) The Commission may suspend or forego solicitation of comments if it determines that such solicitation is not consistent with timely submission of Commission views to the Secretary of State.

§ 3017.5 Commission discretion as to treatment of comments.

The Commission will review timely filed comments responding to a Commission solicitation under this part prior to submitting its views to the Secretary of State.

By the Commission.

Stacy L. Ruble, Secretary.
[FR Doc. 2016-00036 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
81 5 Friday, January 8, 2016 Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 Notice of Intent To Review Monitor National Marine Sanctuary Boundary AGENCY:

Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION:

Notice of intent to review boundaries; intent to prepare environmental impact statement; hold scoping meetings.

SUMMARY:

In accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is reviewing the Monitor National Marine Sanctuary (MNMS or sanctuary) boundaries in order to evaluate and consider the benefits, need and impact of expanding the sanctuary's boundaries to include additional submerged maritime cultural and archaeologic resources as described in the February 2013 Monitor National Marine Sanctuary Final Management Plan and Environmental Assessment. This review process will be conducted per the National Environmental Policy Act (NEPA) and section 106 of the National Historic Preservation Act (NHPA).

DATES:

Comments must be received by March 18, 2016. Public scoping meetings will be held on the following dates:

1. February 9, 2016 2. February 10, 2016 3. February 11, 2016 4. February 16, 2016 5. February 17, 2016 ADDRESS:

Comments may be submitted by any of the following methods:

Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0165, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

Mail: David Alberg, Superintendent, Monitor National Marine Sanctuary, 100 Museum Drive, Newport News, VA 23606-3759.

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 NOAA. 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 (for example, name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily submitted by the commenter will be publicly accessible. NOAA will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT:

David Alberg, Superintendent, Monitor National Marine Sanctuary, (757) 591-7326.

SUPPLEMENTARY INFORMATION:

Public scoping meetings will be held as detailed below:

(1) Raleigh, NC Date: Tuesday, February 9, 2016, 6:00 p.m.-9:00 p.m. Location: North Carolina Museum of History Address: 5 East Edenton St., Raleigh, NC 27601 (2) Beaufort, NC Date: Wednesday, February 10, 2016, 6:00 p.m.-9:00 p.m. Location: North Carolina Maritime Museum Address: 315 Front St., Beaufort, NC 28516 (3) Hatteras, NC Date: Thursday, February 11, 2016, 6:00 p.m.-9:00 p.m. Location: Graveyard of the Atlantic Museum Address: 59200 Museum Dr., Hatteras, NC 27943 (4) Washington, DC Date: Tuesday, February 16, 2016, 6:00 p.m.-9:00 p.m. Location: United States Navy Memorial, Main Auditorium Address: 701 Pennsylvania Ave. NW., Washington, DC 20004 (5) Nags Head, NC Date: Wednesday, February 17, 2016, 6:00 p.m.-9:00 p.m. Location: Jennette's Pier, Oceanview Hall Address: 7223 S. Virginia Dare Trail, Nags Head, NC 27959 I. Background

MNMS was designated the nation's first national marine sanctuary in 1975. The site protects the wreck of the famed Civil War ironclad USS MONITOR, best known for its 1862 battle with the Confederate ironclad CSS VIRGINIA at Hampton Roads, VA. It is located approximately 16 miles southeast of Cape Hatteras, North Carolina, where it sank in a storm while under tow on December 31, 1862 with the loss of sixteen sailors. The vessel was the prototype for a class of U.S. Civil War ironclad, turreted warships that significantly altered both naval technology and marine architecture in the nineteenth century. The shipwreck and its contents comprise an irreplaceable historical record and represent a monument to the American naval tradition that the vessel itself helped to create.

The sanctuary consists of a column of water one mile in diameter extending from the seabed to the surface, surrounding the shipwreck. The highest priority management goal for the sanctuary is resource protection through comprehensive and coordinated conservation of the wreck and its surroundings. An important part of our nation's history, the USS MONITOR, the archaeological information at the site, the artifact collection, and the USS MONITOR's records are all part of the sanctuary's resources.

The waters of coastal North Carolina contain some of the most significant shipwrecks in the United States and represent an ideal location to study and preserve nationally significant historic wreck sites that include vessels and other artifacts dating back to the Age of North American Exploration, the Revolutionary War, the Civil War and World War II among others. The Expansion Working Group, as the basis for their recommended expansion models, has considered four broad thematic categories, which include: (1) The Colonial and Pre-Contact Period, (2) Commerce, (3) Conflict, and (4) Coastal Heritage. Veterans groups, historians, archaeologists, divers, the preservation community, the general public and the MNMS Sanctuary Advisory Council (SAC) have asked NOAA to consider expansion of the sanctuary as a means to protect and conserve these wrecks for current and future generations.

The topic of possible boundary expansion was a primary point of discussion during a series of scoping and public hearings held in 2008 as part of the sanctuary's management plan review process. In 2009, the MNMS SAC voted unanimously to recommend that sanctuary management establish an expansion working group to examine the implications of possible future expansion of the sanctuary's boundaries. The working group recommended NOAA formally evaluate and assess an expansion of existing boundaries to protect, manage, and interpret additional historic shipwrecks and other potential maritime heritage resources that are located or believed to be located in the adjacent waters of North Carolina in an area known as the “Graveyard of the Atlantic”. The sanctuary's final management plan (completed in 2013 and available at http://monitor.noaa.gov/management/2013-plan.html) included the following strategy: “Evaluate and consider the benefits, need, and impact of a future boundary expansion of MNMS to include additional submerged cultural resources.”

The expansion working group presented possible expansion models to the MNMS SAC and the public at the June 5, 2014 SAC meeting. Subsequently, a motion that the SAC consider the working group models passed on October 1, 2015 to submit them to NOAA for consideration as possible templates for expansion. A detailed narrative of each of the models as well as further information regarding the MNMS in general can be found at http://monitor.noaa.gov/management/expansion.html. Each model is briefly described below.

Model A: Includes isolated shipwreck sites. Boundaries would be restricted to select wreck sites and separate from each other. Under this model, some examples of sites which might be included are: USS YP-389, U-85, U-352, U-701, HMT Bedfordshire, Diamond Shoals Lightship, and E.M. Clark (this is a sample list only and may include additional wrecks). This model would include wrecks listed on the National Register of Historic Places, state craft, military gravesites and other individual wrecks of historic significance. Under the SAC's recommendation, State waters would not be included.

Model B: Includes a small area centered around the waters off Cape Hatteras. Boundaries could be established to include several wrecks and adjacent waters and culturally significant features in the landscape, such as Diamond Shoals (Cultural Landscapes are further defined here http://monitor.noaa.gov/pdfs/gota-final.pdf). Selected wrecks represent many historic themes, including the period of North American exploration, several conflicts and commerce. This model includes at least 65 known shipwrecks within Federal waters. The recommendations from the Working Group recommended that the inclusion of state waters be considered based on public input and further discussions with the State. If during the public scoping process it is determined to include state waters in the expanded area (denoted by the blue strip designating state waters in each model) many more shipwrecks would be located within the boundaries. The combined collection of resources in federal and state waters in this model are representative of a wide range of previously identified historical themes: Colonial and Pre-Contact, the History of Maritime Commerce, Conflict and War Along the Coast, and Coastal Heritage (fishing, lifesaving service, local watermen).

Model C: Includes a larger area also centered off Cape Hatteras that incorporates many historically significant wrecks in federal waters with the potential for include of state waters based upon future public input and discussions with the State as described in Model B above. This model includes sanctuary boundaries surrounding individual wreck sites, and further surrounded by a larger study area. If other historically significant wrecks are discovered within this study area in the future NOAA could consider adding these wrecks to the MNMS through a future public process. This area encompasses the majority of the most historically significant wrecks (as determined by the criteria of the National Historic Preservation Act) in the waters off Cape Hatteras (at least 75 known wrecks in Federal waters with at least 175 additional sites in adjacent state waters), several representative wrecks from multiple periods of history and cultural significance. The area in between known sites would be designed as a `study area' allowing for inclusion of sites as they are identified.

Model D: Model includes three specific areas, each exhibiting both a representative collection of wrecks in Federal and potentially State waters from many eras and vessel types, and the primary historically significant wrecks off of the Outer Banks. This model includes a collection of at least 100 known wrecks representing all identified thematic areas of cultural significance in the region. The recommendations from the Working Group recommended that the inclusion of state waters be considered based on public input and further discussions with the State as described in Models B and C above.

II. Need for Action

NOAA is initiating a review of MNMS boundaries to evaluate the benefits and effects of potential sanctuary expansion. This action is being taken to elevate and promote these resources and their history; to facilitate better protection and management of these nationally important resources under the National Marine Sanctuaries Act (NMSA); to better coordinate maritime heritage resource management with other current and potential users of these waters; to increase the scope of submerged archaeological research; to create educational opportunities for the public; and to potentially benefit local coastal communities through increased tourism and economic growth.

III. Process

The process for considering changes to MNMS is composed of four primary stages:

1. Scoping, including information collection and characterization, and the consideration of public comments;

2. Preparation and release of a draft environmental impact statement (DEIS) and Draft Management Plan (DMP) as required by Section 304(a) of the NMSA that identifies boundary expansion alternatives (including a no-action alternative under the National Environmental Policy Act (NEPA)), as well as a notice of proposed rulemaking (NPRM) to amend the sanctuary regulations to reflect any new boundary if proposed;

3. Public review and comment on the DEIS, DMP and NPRM; and

4. Preparation and release of a final environmental impact statement and final management plan, including a response to public comments, with a final rule if appropriate.

With this document, NOAA is opening a public comment period to:

1. Gather information and public comments from individuals, organizations, and government agencies on whether to expand sanctuary boundaries, suggestions for the extent and configuration of an expanded boundary, and the potential effects of a boundary expansion; and

2. Help determine the scope of issues to be addressed in the preparation of an environmental impact statement (EIS) pursuant to NEPA.

IV. Consultation Under the National Historic Preservation Act

This document confirms that NOAA will fulfill its responsibility under section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470) through the ongoing NEPA process, pursuant to 36 CFR 800.8(a), including the use of NEPA documents and public and stakeholder meetings to meet the section 106 requirements. The NHPA specifically applies to any agency undertaking that may affect historic properties. Pursuant to 36 CFR 800.16(l)(1), a “historic property means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. The term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria.”

In fulfilling its responsibility under the NHPA and NEPA, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; initiate formal consultation with the State Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties; involve the public in accordance with NOAA's NEPA procedures; and in consultation with the identified consulting parties, develop alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects on historic properties and describe them in any environmental assessment or draft environmental impact statement.

Authority:

16 U.S.C. 1431 et seq.; 16 U.S.C. 470.

Dated: December 22, 2015. John Armor, Acting Director, Office of National Marine Sanctuaries.
[FR Doc. 2015-33169 Filed 1-7-16; 8:45 am] BILLING CODE 3510-NK-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Chapter IX [Docket No. FR-5650-N-11] Native American Housing Assistance and Self-Determination Act of 1996: Negotiated Rulemaking Committee; Notice of Eighth Meeting AGENCY:

Office of Assistant Secretary for Public and Indian Housing, HUD.

ACTION:

Notice of meetings of negotiated rulemaking committee.

SUMMARY:

This notice announces the eighth meeting of the Indian Housing Block Grant (IHBG) program negotiated rulemaking committee.

DATES:

The eighth meeting will be held on Tuesday, January 26, 2016 and Wednesday, January 27, 2016. On each day, the session will begin at approximately 8:30 a.m., and adjourn at approximately 5:30 p.m.

ADDRESSES:

The meeting will take place at the Weaver Building, U.S. Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410.

FOR FURTHER INFORMATION CONTACT:

Randy Akers, Acting Deputy Assistant Secretary for Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4126, Washington, DC 20410, telephone number 202-401-7914 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: I. Background

The Native American Housing and Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) changed the way that housing assistance is provided to Native Americans. NAHASDA eliminated several separate assistance programs and replaced them with a single block grant program, known as the Indian Housing Block Grant (IHBG) program. The regulations governing the IHBG formula allocation are codified in subpart D of part 1000 of HUD's regulations in title 24 of the Code of Federal Regulations. In accordance with section 106 of NAHASDA, HUD developed the regulations with active tribal participation using the procedures of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-570).

Under the IHBG program, HUD makes assistance available to eligible Indian tribes for affordable housing activities. The amount of assistance made available to each Indian tribe is determined using a formula that was developed as part of the NAHASDA negotiated process. Based on the amount of funding appropriated for the IHBG program, HUD calculates the annual grant for each Indian tribe and provides this information to the Indian tribes. An Indian Housing Plan for the Indian tribe is then submitted to HUD. If the Indian Housing Plan is found to be in compliance with statutory and regulatory requirements, the grant is made.

On July 3, 2012 at 77 FR 39452, HUD announced its intention to establish a negotiated rulemaking committee for the purpose of developing regulatory changes to the formula allocation for the IHBG program. On June 12, 2013 at 78 FR 35178, HUD announced the list of proposed members for the negotiated rulemaking committee, and requested additional public comment on the proposed membership. On July 30, 2013 at 78 FR 45903, HUD announced the final list of committee members to revise the allocation formula used under the IHBG.

Committee meetings have taken place on August 27-28, 2013, September 17-19, 2013, April 23-24, 2014, June 11-13, 2014, July 29-31, 2014, August 26-28, 2014, and August 11-13, 2015. All of the Committee meetings were announced in the Federal Register and were open to the public.1

1 See, 78 FR 45903 (July 30, 2013), 78 FR 54416 (September 4, 2013), 79 FR 14204 (March 13, 2014), 79 FR 29700 (May 23, 2014), 80 FR 30004 (May 26, 2015).

II. Eighth Committee Meeting

The eighth meeting of the IHBG Formula Negotiated Rulemaking Committee will be held on Tuesday, January 26, 2016 and Wednesday, January 27, 2016. On each day, the session will begin at approximately 8:30 a.m., and adjourn at approximately 5:30 p.m. The meeting will take place at the Weaver Building, U.S. Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410. The primary agenda items for this meeting will be limited to discussion and vote on adjustments to data sources and approval of final preamble language.

These meetings will be open to the public; however, all members of the public will be required to register their attendance; present valid identification, and be subject to security screening upon entrance to the building. The deadline for registration is 5:00 p.m. Eastern Standard Time, January 22, 2016. The public may register using the following link: http://newregistration.firstpic.org/rulemaking/index.php or by calling 1-202-393-6400 (this is not a toll-free number). Through the registration process, attendees will be informed of the acceptable forms of identification to present for admittance to the building. Public attendance may be limited to the space available. Members of the public may make statements during the meetings, to the extent time permits, and file written statements with the committee for its consideration. Written statements should be submitted to the address listed in the FOR FURTHER INFORMATION CONTACT section of this document.

III. Future Committee Meetings

Notices of all future meetings will be published in the Federal Register. HUD will make every effort to publish such notices at least 15 calendar days prior to each meeting.

Dated: December 31, 2015. Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-00185 Filed 1-7-16; 8:45 am] BILLING CODE 4210-67-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-138344-13] RIN 1545-BL94 Substantiation Requirement for Certain Contributions; Withdrawal AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Withdrawal of notice of proposed rulemaking.

SUMMARY:

This document withdraws proposed regulations that would implement the statutory exception to the “contemporaneous written acknowledgement” requirement for substantiating charitable contribution deductions of $250 or more. The withdrawal affects persons that make charitable contributions and organizations that receive charitable contributions.

DATES:

As of January 8, 2016 the notice of proposed rulemaking published on September 17, 2015 (80 FR 55802), is withdrawn.

FOR FURTHER INFORMATION CONTACT:

Robert Basso at (202) 317-7011 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Background

Section 170(f)(8)(A) of the Internal Revenue Code provides the statutory requirement that a taxpayer who claims a charitable contribution deduction for any contribution of $250 or more obtain substantiation in the form of a contemporaneous written acknowledgment (CWA) from the donee organization. However, in section 170(f)(8)(D), Congress provided an exception to the CWA requirement. Under the exception, a CWA is not required if the donee organization files a return on such form and in accordance with such regulations as the Treasury Department may prescribe (donee reporting).

Section 1.170A-13(f) of the Income Tax Regulations provides the rules issued by the Treasury Department and the IRS for substantiating charitable contributions of $250 or more. See TD 8690 (1997-1 CB 68). When issuing TD 8690 in 1997, the Treasury Department and the IRS specifically declined to issue regulations to implement donee reporting under section 170(f)(8)(D). The IRS has consistently maintained that the section 170(f)(8)(D) exception is not available unless and until the Treasury Department and the IRS issue final regulations prescribing the method for donee reporting. Nevertheless, some taxpayers under examination for their claimed charitable contribution deductions have recently argued that a failure to comply with the CWA requirements of section 170(f)(8)(A) may be cured if the donee organization files an amended Form 990, “Return of Organization Exempt From Income Tax,” that includes the donor's contribution information. These taxpayers argue that an amended Form 990 constitutes permissible donee reporting under section 170(f)(8)(D), even if the amended Form 990 is submitted to the IRS many years after the purported charitable contribution was made. In response to some donors' requests, some donee organizations have filed amended Forms 990 attempting to effectuate donee reporting. The Treasury Department and the IRS have concluded that the Form 990 is an unsuitable reporting method for this purpose and may not be used to effectuate donee reporting.

However, in response to the interest by some taxpayers in donee reporting under the statutory exception, the Treasury Department and the IRS proposed regulations to implement a framework addressing the manner and timing for donee reporting under section 170(f)(8)(D). On September 17, 2015, a notice of proposed rulemaking (REG-138344-13) was published in the Federal Register (80 FR 55802). The proposed framework for donee reporting was based on a specific-use information return that would include, among other things, the donor's name, address, and taxpayer identification number. Similar to other specific-use information returns filed with the IRS, the donor's taxpayer identification number was required in order to properly associate the donation information with the correct taxpayer. Unlike a CWA, which is not sent to the IRS, the donee reporting information return would be sent to the IRS, which must have a means to store, maintain, and readily retrieve the return information for a specific taxpayer if and when substantiation is required in the course of an examination.

The proposed framework for donee reporting was intended to minimize the reporting burden on donee organizations by making it voluntary, and to protect donor privacy by not using the Form 990 series. In the preamble to the proposed regulations, the Treasury Department and the IRS expressed concern about the potential risk for identity theft with a donee reporting system based on a specific-use information return because donee organizations would be collecting donors' taxpayer identification numbers and maintaining those numbers for some period of time. The Treasury Department and the IRS requested comments, including specifically on whether additional guidance was necessary regarding the procedures a donee organization should use to mitigate the risk of identity theft of donor information.

The Treasury Department and the IRS received a substantial number of public comments in response to the notice of proposed rulemaking. Many of these public comments questioned the need for donee reporting, and many comments expressed significant concerns about donee organizations collecting and maintaining taxpayer identification numbers for purposes of the specific-use information return. In response to those comments, the Treasury Department and the IRS have decided against implementing the statutory exception to the CWA requirement, and therefore that exception remains unavailable unless and until final regulations are issued prescribing the method for donee reporting. Accordingly, the notice of proposed rulemaking is being withdrawn.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Withdrawal of Notice of Proposed Rulemaking

Under the authority of 26 U.S.C. 7805, the notice of proposed rulemaking (REG-138344-13) that was published in the Federal Register on September 17, 2015 (80 FR 55802) is withdrawn.

Karen M. Schiller, Acting Deputy Commissioner for Services and Enforcement.
[FR Doc. 2016-00189 Filed 1-7-16; 8:45 am] BILLING CODE 4830-01-P
GENERAL SERVICES ADMINISTRATION 41 CFR Parts 300-3, 301-11, 301-12, and 301-70 [FTR Case 2015-304; Docket 2015-0017, Sequence 1] RIN 3090-AJ56 Federal Travel Regulation; Updating the Incidental Expenses Definition and the Laundry, Cleaning, and Pressing of Clothing Policy AGENCY:

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

ACTION:

Proposed rule.

SUMMARY:

GSA is proposing to amend the Federal Travel Regulation (FTR) by updating the definition for incidental expenses to include ATM fees, and by clarifying the policy for laundry, cleaning, and pressing of clothing.

DATES:

Interested parties should submit comments to the Regulatory Secretariat at one of the addresses shown below on or before March 8, 2016 to be considered in the formation of the final rule.

ADDRESSES:

Submit comments identified by FTR Case 2015-304 by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for “FTR Case 2015-304.” Select the link “Comment Now” that corresponds with “FTR Case 2015-304” and follow the instructions provided at the screen. Please include your name, company name (if any), and “FTR Case 2015-304” on your attached document.

Mail: General Services Administration, Regulatory Secretariat (MVCB), Attn. Ms. Flowers, 1800 F Street NW., Washington, DC 20405.

Instructions: Please submit comments only and cite “FTR Case 2015-304”, in all correspondence related to this case. All comments 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:

For clarification of content, contact Mr. Cy Greenidge, Program Analyst, Office of Government-wide Policy, at 202-219-2349. Contact the Regulatory Secretariat (MVCB), 1800 F Street NW., Washington, DC 20405, 202-501-4755, for information pertaining to status or publication schedules. Please cite FTR case 2015-304.

SUPPLEMENTARY INFORMATION: A. Background

The FTR currently lists incidental expenses as fees and tips given to porters, baggage carriers, hotel staff, and staff on ships. Including ATM fees in incidental expenses, rather than reimbursing as a miscellaneous expense, will increase the Government's ability to project travel costs, improve cost control, and simplify rules of official travel. Additionally, this proposed rule removes the ambiguity on whether reimbursement of expenses for laundry, cleaning, and pressing of clothing for employees who go on official travel are subject to agency discretion.

B. 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 proposed rule 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.

C. Regulatory Flexibility Act

This proposed rule would not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is also exempt from the Administrative Procedure Act pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management or personnel.

D. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed changes to the FTR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

This proposed rule is also exempt from Congressional review prescribed under 5 U.S.C. 801. This proposed rule is not a major rule under 5 U.S.C. 804.

List of Subjects in 41 CFR Parts 300-3, 301-11, 301-12 and 301-70

Administrative practices and procedures, Government employees, Travel and transportation expenses.

Dated: December 7, 2015. Giancarlo Brizzi, Acting Associate Administrator (M), Office of Government-wide Policy.

For the reasons set forth in the preamble, pursuant to 5 U.S.C. 5701-5711, GSA proposes to amend 41 CFR parts 300-3, 301-11, 301-12, and 301-70 as set forth below:

PART 300-3—GLOSSARY OF TERMS 1. The authority citation for 41 CFR part 300-3 continues to read as follows: Authority:

5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353; E.O 11609, as amended, 3 CFR, 1971-1975 Comp. p. 586, Office of Management and Budget Circular No. A-126, revised May 22, 1992.

2. Amend § 300-3.1 in the definition “Per diem allowance” by revising paragraph (c) to read as follows:
§ 300-3.1 What do the following terms mean?

Per diem allowance * * *

(c) Incidental expenses—Transaction fees for ATM services, and fees and tips given to porters, baggage carriers, hotel staff, and staff on ships.

PART 301-11—PER DIEM EXPENSES 3. The authority citation for 41 CFR part 301-11 continues to read as follows: Authority:

5 U.S.C. 5707.

4. Amend § 301-11.31 by removing the first two sentences and adding one sentence in their place to read as follows:
§ 301-11.31 Are laundry, cleaning, and pressing of clothing expenses reimbursable?

Your agency may reimburse the expenses incurred for laundry, cleaning, and pressing of clothing as a miscellaneous travel expense for TDY within CONUS. * * *

PART 301-12—MISCELLANEOUS EXPENSES 5. The authority citation for 41 CFR part 301-12 continues to read as follows: Authority:

5 U.S.C. 5707.

§ 301-12.1 [Amended]
6. Amend § 301-12.1 by removing from the second column titled “Fees to obtain money” the words “Transaction fees for use of automated teller machines (ATMs)—Government contractor-issued charge card”. PART 301-70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS 7. The authority citation for 41 CFR part 301-70 continues to read as follows: Authority:

5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701, note), OMB Circular No. A-126, revised May 22, 1992, and OMB Circular No. A-123, Appendix B, revised January 15, 2009.

8. Amend § 301-70.200 by— a. Removing from paragraph (f) the “cases and” and adding “cases” in its place; b. Removing from paragraph (g) the period after the citation “§ 301-11.18(c)” and adding “; and” in its place; and c. Adding paragraph (h) to read as follows:
§ 301-70.200 What governing policies must we establish for authorization and payment of per diem expenses?

(h) Who will determine, and in what instances, an employee will be separately reimbursed for transaction fees for use of automated teller machines (ATMs) when using the Government contractor-issued charge card, even though this expense is part of incidental expenses under per diem.

9. Amend § 301-70.301 by revising paragraph (c) to read as follows:
§ 301-70.301 What governing policies must we establish for payment of miscellaneous expenses?

(c) Who will determine if other miscellaneous expenses such as expenses for laundry, cleaning and pressing of clothing are appropriate for reimbursement in connection with official travel.

[FR Doc. 2015-33147 Filed 1-7-16; 8:45 am] BILLING CODE 6820-14-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 100 RIN 0906-AB00 National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table AGENCY:

Office of the Secretary, HHS.

ACTION:

Notice of public hearing.

SUMMARY:

This document announces a public hearing to receive information and views on the Notice of Proposed Rulemaking (NPRM) entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table.”

DATES:

January 14, 2016, from 11 a.m.-12:30 p.m. (EST).

ADDRESSES:

5600 Fishers Lane, Conference Room 08SWH01, Rockville, Maryland 20857 (and via audio conference call and Adobe Connect).

FOR FURTHER INFORMATION CONTACT:

Dr. Melissa Houston, Director, Division of Injury Compensation Programs, at 855-266-2427 or by email at [email protected]

SUPPLEMENTARY INFORMATION:

The Secretary proposes to amend the Vaccine Injury Table (Table) by regulation. These proposed regulations will have effect only for petitions for compensation under the National Vaccine Injury Compensation Program (VICP) filed after the final regulations become effective. The Secretary is seeking public comment on the proposed revisions to the Table.

The NPRM was published in the Federal Register, July 29, 2015, 80 FR 45132, http://www.thefederalregister.org/fdsys/pkg/FR-2015-07-29/pdf/2015-17503.pdf. The public comment period closes on January 26, 2016.

A public hearing will be held within the 180-day public comment period. This hearing is to provide an open forum for the presentation of information and views concerning all aspects of the NPRM by interested persons.

In preparing a final regulation, the Secretary will consider the administrative record of this hearing along with all other written comments received during the comment period specified in the NPRM. Individuals or representatives of interested organizations are invited to participate in the public hearing in accordance with the schedule and procedures set forth below.

The presiding officer representing the Secretary, HHS will be Dr. Melissa Houston, Director, Division of Injury Compensation Programs, Healthcare Systems Bureau (HSB), Health Resources and Services Administration.

Persons who wish to participate are requested to file a notice of participation with the Department of Health and Human Services (HHS) on or before January 11, 2016. The notice should be mailed to Annie Herzog, Division of Injury Compensation Programs, HSB, 5600 Fishers Lane, Rockville, Room 08N146B, Maryland 20857 or emailed to [email protected] To ensure timely handling, any outer envelope or the subject line of an email should be clearly marked “DICP NPRM Hearing.” The notice of participation should contain the interested person's name, address, email address, telephone number, any business or organizational affiliation of the person desiring to make a presentation, a brief summary of the presentation, and the approximate time requested for the presentation. Groups that have similar interests should consolidate their comments as part of one presentation. Time available for the hearing will be allocated among the persons who properly file notices of participation. If time permits, interested parties attending the hearing who did not submit notice of participation in advance will be allowed to make an oral presentation at the conclusion of the hearing.

Persons who find that there is insufficient time to submit the required information in writing may give oral notice of participation by contacting Annie Herzog, Division of Injury Compensation Programs, at (301) 443-6634 or email at [email protected], no later than January 11, 2016.

After reviewing the notices of participation and accompanying information, HHS will schedule each appearance and notify each participant by mail, email, or telephone of the time allotted to the person(s) and the approximate time the person's oral presentation is scheduled to begin.

Written comments and transcripts of the hearing will be made available for public inspection as soon as they have been prepared, on weekdays (federal holidays excepted) between the hours of 8:30 a.m. and 5 p.m. (EDT) by contacting Annie Herzog by mail at Division of Injury Compensation Programs, Room 08N146B, 5600 Fishers Lane, Rockville, Maryland 20857, email at [email protected], or phone at 301-443-6634. We intend to post written comments and transcripts to regulations.gov as soon as practicable. The public can join the meeting by:

1. (In Person) Persons interested in attending the meeting in person are encouraged to submit a written notification to: Annie Herzog, Division of Injury Compensation Programs, Healthcare Systems Bureau (HSB), Health Resources and Services Administration (HRSA), 5600 Fishers Lane, Room 08N146B, Rockville, Maryland 20857 or email: [email protected] Since this meeting is held in a federal government building, attendees will need to go through a security check to enter the building and participate in the meeting. This written notification is encouraged so that a list of attendees can be provided to make entry through security quicker. Persons may attend in person without providing written notification, but their entry into the building may be delayed due to security checks and the requirement to be escorted to the meeting by a federal government employee. To request an escort to the meeting after entering the building, call Annie Herzog at 301-443-6634. The meeting will be held at 5600 Fishers Lane, Conference Room 08SWH01, Rockville, Maryland 20857. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the contact person listed above at least 10 days prior to the meeting.

2. (Audio Portion) Calling the conference phone number 888-455-9673 and providing the following information:

Leaders Name: Dr. A. Melissa Houston.

Password: 4185364.

3. (Visual Portion) Connecting to the ACCV Adobe Connect Pro Meeting using the following URL: https://hrsa.connectsolutions.com/accv/ (copy and paste the link into your browser if it does not work directly, and enter as a guest). Participants should call and connect 15 minutes prior to the meeting in order for logistics to be set up. If you have never attended an Adobe Connect meeting, please test your connection using the following URL: https://hrsa.connectsolutions.com/common/help/en/support/meeting_test.htm and get a quick overview by following URL: http://www.adobe.com/go/connectpro_overview. Call (301) 443-6634 or send an email to [email protected] if you are having trouble connecting to the meeting site.

Dated: January 4, 2016. Sylvia M. Burwell, Secretary.
[FR Doc. 2016-00156 Filed 1-7-16; 8:45 am] BILLING CODE 4165-15-P
DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 195 [Docket No. PHMSA-2015-0173] Pipeline Safety: Notice of Liquid Pipeline Advisory Committee Meeting AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA); DOT.

ACTION:

Notice of Liquid Pipeline Advisory Committee meeting.

SUMMARY:

This document announces a public meeting of the Liquid Pipeline Advisory Committee (LPAC). The committee will meet to consider and vote on the proposed rule, “Pipeline Safety: Safety of Hazardous Liquid Pipelines,” and the associated regulatory assessment.

DATES:

The meeting will be held on Monday, February 1, 2016, from 10:00 a.m. to 5:00 p.m. EST.

The meeting will not be web cast; however, presentations will be available on the meeting Web site and posted on the E-Gov Web site: http://www.regulations.gov under docket number PHMSA-2015-0173 within 30 days following the meeting.

ADDRESSES:

The meeting will take place in the Washington, DC Metropolitan area at a location yet to be determined. The location of the meeting and other details will be posted on the PHMSA Web site under Regulations/Pipeline Advisory Committees at http://www.phmsa.dot.gov/pipeline/regs/technical-advisory-comm about 15 days before the meeting date. Individuals wishing to attend and receive an email with the location should register in advance at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=110 or contact the individual listed under FOR FURTHER INFORMATION CONTACT by January 15, 2016.

Comments on the meeting may be submitted to the docket in the following ways:

E-Gov Web site: http://www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency.

Fax: 1-202-493-2251.

Mail: Docket Management Facility; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140, Washington, DC 20590-001.

Hand Delivery: Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal Holidays.

Instructions: Identify the docket numbers, PHMSA-2010-0229 and PHMSA-2015-0173 at the beginning of your comments. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You should know that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Therefore, you may want to review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000, (65 FR 19477) or view the Privacy Notice at http://www.regulations.gov before submitting any such comments.

Docket: For access to the docket or to read background documents or comments, go to http://www.regulations.gov at any time or to Room W12-140 on the ground level of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

If you wish to receive confirmation of receipt of your written comments, please include a self-addressed, stamped postcard with the following statement: “Comments on PHMSA-2010-0229 and PHMSA 2015-0173.” The Docket Clerk will date-stamp the postcard prior to returning it to you via the U.S. mail. Please note that due to delays in the delivery of U.S. mail to Federal offices in Washington, DC, we recommend that persons consider an alternative method (internet, fax, or professional delivery service) of submitting comments to the docket and ensuring their timely receipt at DOT.

Privacy Act Statement

Anyone may search the electronic form of all comments received for any of our dockets. You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000, (70 FR 19477) or visit http://dms.dot.gov.

Information on Services for Individuals With Disabilities

For information on facilities or services for individuals with disabilities, or to seek special assistance at the meeting, please contact Cheryl Whetsel at 202-366-4431 by January 15, 2016.

FOR FURTHER INFORMATION CONTACT:

For information about the meetings, contact Cheryl Whetsel by phone at 202-366-4431 or by email at [email protected] or for technical questions about the proposed rule contact Mike Israni by phone at 202-366-4595 or by email at [email protected]

SUPPLEMENTARY INFORMATION:

I. Meeting Details

Members of the public may attend and make a statement during the advisory committee meetings. For a better chance to speak at the meetings, please contact the individual listed under FOR FURTHER INFORMATION CONTACT by January 15, 2016.

II. Committee Background

The LPAC is a statutorily created committee that advises PHMSA on proposed safety standards, risks assessments, and safety policies for hazardous liquid pipelines (49 U.S.C. 60115). The committee's activities are subject to the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 1). The committee consists of 15 members—with membership evenly divided among the federal and state government, the regulated industry, and the public. The committee advises PHMSA on technical feasibility, practicability, and cost-effectiveness of each proposed pipeline safety standard. PHMSA staff may also provide an update on several regulatory and policy initiatives if time allows.

III. Preliminary Agenda

The agenda will include the committee's discussion and vote on the proposed rule, “Pipeline Safety: Safety of Hazardous Liquid Pipelines,” published in the Federal Register on October 13, 2015, (80 FR 61610) and on the associated regulatory analysis.

The proposed rule includes critical safety improvements for hazardous liquid pipelines and seeks to strengthen the way they are operated, inspected and maintained in the United States.

In this proposed rule, PHMSA addresses effective measures that hazardous liquid operators can take to improve the protection of high consequence areas and other vulnerable areas along their hazardous liquid onshore pipelines. In summary, the proposed rule addresses the following areas:

• Requirements for gravity lines.

• Reporting requirements for gathering lines.

• Inspections of pipelines following extreme weather events.

• Periodic assessments of pipelines not subject to integrity management.

• Pipeline repair criteria.

• Expanded use of leak detection systems.

• Increased use of in-line inspection tools.

• Clarifying other requirements.

Issued in Washington, DC, on January 4, 2016, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2016-00135 Filed 1-7-16; 8:45 am] BILLING CODE 4910-60-P
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 32 and 36 [Docket No. FWS-R7-NWRS-2014-0005; FF07R06000 167 FXRS12610700000] RIN 1018-BA31 Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule; announcement of open houses and public hearings.

SUMMARY:

We, the U.S. Fish and Wildlife Service (USFWS), published a proposed rule elsewhere in today's Federal Register to amend our regulations for National Wildlife Refuges (refuges) in Alaska. The public comment period on the proposed rule closes on the date specified in that document. This supplementary document contains the dates, times, and locations for the upcoming open houses and public hearings on the proposed rule.

DATES:

We will hold nine open houses and public hearings on the proposed rule as follows:

Date City Time of open house Time of public hearing January 26 , 2016 Kotzebue, Alaska 1:00 p.m. to 2:00 p.m. 2:30 p.m. to 4:30 p.m. January 27, 2016 Kodiak, Alaska 4:00 p.m. to 5:00 p.m. 5:30 p.m. to 7:30 p.m. February 8, 2016 Bethel, Alaska 4:00 p.m. to 5:00 p.m. 5:30 p.m. to 7:30 p.m. February 10, 2016 Fairbanks, Alaska 5:00 p.m. to 6:00 p.m. 6:30 p.m. to 8:30 p.m. February 11, 2016 Tok, Alaska 5:00 p.m. to 6:00 p.m. 6:30 p.m. to 8:30 p.m. February 16, 2016 Soldonta, Alaska 4:00 p.m. to 5:00 p.m. 5:30 p.m. to 7:30 p.m. February 18, 2016 Anchorage, Alaska 4:00 p.m. to 5:00 p.m. 5:30 p.m. to 7:30 p.m. March 1, 2016 Dillingham, Alaska 4:00 p.m. to 5:00 p.m. 5:30 p.m. to 7:30 p.m. March 3, 2016 Galena, Alaska 1:00 p.m. to 2:00 p.m. 2:30 p.m. to 4:30 p.m. ADDRESSES:

Document Availability: You may obtain copies of the proposed rule at http://www.regulations.gov at Docket No. FWS-R7-NWRS-2014-0005.

Comment Submission: You may submit comments on the proposed rule by any one of the following methods:

(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R7-NWRS-2014-0005, which is the docket number for this rulemaking. Then click on the Search button. On the resulting page, you may submit a comment by clicking on “Comment Now!”

(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R7-NWRS-2014-0005; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

(3) At open houses or the public hearings: Written comments will be accepted by Service personnel at any of the nine scheduled open houses or public hearings. Public testimony will be recorded and submitted for the record at the public hearings via a court reporter.

We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us.

Open Houses and Public Hearings: We will hold open houses and public hearings at the following locations:

City Location information Kodiak, Alaska Kodiak National Wildlife Refuge Visitor Center, 402 Center Ave, Kodiak, Alaska; 907-487-2600. Bethel, Alaska Yukon Delta National Wildlife Refuge Conference Room, 807 Chief, Eddie Hoffman Highway, Bethel, Alaska; 907-543-3151. Fairbanks, Alaska Morris Thompson Cultural and Visitor Center, 101 Dunkel St., Fairbanks, Alaska; 907-456-0440. Tok, Alaska Tok School, 249 Jon Summar Road, Tok, Alaska; 907-883-5312. Soldonta, Alaska Kenai National Wildlife Refuge Visitor Center, Ski Hill Road, Soldotna, Alaska; 907-260-2820. Anchorage, Alaska U.S. Fish and Wildlife Service Regional Office, Gordon Watson Conference Room, 1011 Tudor Rd., Anchorage, Alaska; 907-786-3872. Dillingham, Alaska Dillingham City Council Chambers, 141 Main Street, Dillingham, Alaska; 907-842-1063. Galena, Alaska Charlie Larsen Community Hall, Galena, Alaska; 907-656-1231. Kotzebue, Alaska Selawik National Wildlife Refuge Conference Room at the Selawik National Wildlife Refuge Headquarters, 160 Second Avenue, Kotzebue, Alaska; 907-442-3799. FOR FURTHER INFORMATION CONTACT:

Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448.

SUPPLEMENTARY INFORMATION:

Background

We published a proposed rule elsewhere in today's Federal Register to clarify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; prohibit several particularly effective methods and means for take of predators; and update our public participation and closure procedures. The proposed rule would not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations. See the proposed rule and associated environmental assessment at http://www.regulations.gov at Docket No. FWS-R7-NWRS-2014-0005 for further details.

Open Houses and Public Hearings

We are holding nine open houses and public hearings on the dates listed above in the DATES section at the locations listed above in the ADDRESSES section. We are holding the public hearings to provide interested parties an opportunity to present verbal testimony (formal, oral comments) or written comments regarding the proposed rule and associated environmental assessment. A formal public hearing is not, however, an opportunity for dialogue with the Service; it is only a forum for accepting formal verbal testimony. In contrast to the public hearings, the open houses allow the public the opportunity to interact with Service staff, who will be available to provide information and address questions on the proposed rule and the environmental assessment.

We cannot accept verbal testimony at any of the open houses; verbal testimony can only be accepted at the public hearings. Anyone wishing to make an oral statement at a public hearing for the record is encouraged to provide a written copy of their statement to us at the hearing. In the event there is a large attendance, the time allotted for oral statements may be limited. Speakers can sign up at a hearing if they desire to make an oral statement. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us.

Persons with disabilities needing reasonable accommodations to participate in an open house or public hearing should contact Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska (see FOR FURTHER INFORMATION CONTACT). Reasonable accommodation requests should be received at least 3 business days prior to the open house or public hearing to help ensure availability; American Sign Language or English as a second language interpreter needs should be received at least 2 weeks prior to the open house or public meeting.

Authors

The primary author of this document is Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Anchorage Regional Office.

Authority

The authority for this action is 5 U.S.C. 301; 16 U.S.C. 460k et seq., 664, 668dd-668ee, 715i, and 3101 et seq.

Karen Hyun, Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-00021 Filed 1-7-16; 8:45 am] BILLING CODE 4333-15-P
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Parts 32 and 36 [Docket No. FWS-R7-NWRS-2014-0005; FF07R05000 145 FXRS12610700000] RIN 1018-BA31 Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Proposed rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (USFWS), propose to amend our regulations for National Wildlife Refuges (refuges) in Alaska. This proposed rule clarifies how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control; prohibits several particularly effective methods and means for take of predators; and updates our public participation and closure procedures. This proposed rule would not change Federal subsistence regulations or restrict the taking of fish or wildlife for subsistence uses under Federal subsistence regulations.

DATES:

We must receive your comments on or before March 8, 2016.

ADDRESSES:

You may submit comments by any one of the following methods:

(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R7-NWRS-2014-0005, which is the docket number for this rulemaking. Then click on the Search button. On the resulting page, you may submit a comment by clicking on “Comment Now!”

(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R7-NWRS-2014-0005; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

(3) In person: We will hold nine open houses and public hearings at which comments may be submitted. See the related document published elsewhere in today's Federal Register with information about the dates, times, and locations of those open houses and hearings and the various ways in which oral and written comments will be accepted.

We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us. For additional information, see the Public Participation and Public Availability of Comments sections, below.

FOR FURTHER INFORMATION CONTACT:

Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, Anchorage, AK 99503; telephone (907) 306-7448.

SUPPLEMENTARY INFORMATION:

Background

The U.S. Fish and Wildlife Service (USFWS) has various mandates it must adhere to in managing the National Wildlife Refuge System (NWRS). There are three statutes in particular that provide direction and authority specific to the Alaska NWRS: The 1980 Alaska National Interest Lands Conservation Act (ANILCA; 16 U.S.C. 3111-3126); the 1997 National Wildlife Refuge System Improvement Act (Improvement Act; 16 U.S.C. 668dd-668ee, which amended the National Wildlife Administration Act of 1966 (Administration Act)); and the 1964 Wilderness Act (16 U.S.C. 1131-1136).

The Improvement Act provides that ANILCA takes precedence if there is a conflict between the two, and thus ANILCA provides the primary direction for management specific to refuges in Alaska. ANILCA added approximately 54 million acres of land to the NWRS in Alaska, managed by USFWS; established nine new refuges; and established or redesignated seven other already established refuges. ANILCA also designated 18.7 million acres in 13 wilderness areas on refuges in Alaska as units of the National Wilderness Preservation System.

Under ANILCA, each refuge in Alaska has a nonexclusive list of purposes for which it was established, including to “conserve fish and wildlife populations and habitats in their natural diversity” followed by a list of representative species particular to each refuge. Under ANILCA, all other refuge establishment purposes for Alaska refuges (except international treaty obligations) must be managed consistently with the first purpose for the conservation of natural diversity. While “natural diversity” is not defined in ANILCA, its legislative history provides guidance. The Senate Report on H.R. 39 states that refuges represent “the opportunity to manage these areas on a planned ecosystem-wide basis with all of their pristine ecological processes intact” (S. Rep. No. 96-413 at 174 (1979), reprinted in 1980 U.S.C.C.A.N. 5118). Nine days after ANILCA was signed into law on December 2, 1980, Congressman Udall, during a speech on the floor of the House of Representatives described the source of the term “natural diversity.” He stated that the conservation of natural diversity refers not only to “protecting and managing all fish and wildlife populations within a particular wildlife refuge system unit in the natural `mix,' not to emphasize management activities favoring one species to the detriment of another” (126 Cong. Rec. H12, 352-53 (daily ed. Dec. 11, 1980) (statement of Rep. Udall)). During this floor speech, Congressman Udall also stated that in managing for natural diversity it was the intent of Congress, “to direct the U.S. Fish and Wildlife Service to the best of its ability, . . . to manage wildlife refuges to assure that habitat diversity is maintained through natural means, avoiding artificial developments and habitat manipulation programs . . . ; to assure that wildlife refuge management fully considers the fact that humans reside permanently within the boundaries of some areas and are dependent, . . . on wildlife refuge subsistence resources; and to allow management flexibility in developing new and innovative management programs different from lower 48 standards, but in the context of maintaining natural diversity of fish and wildlife populations and their dependent habitats for the long term benefit of all citizens” (126 Cong. Rec. H12,352-53 (daily ed. Dec. 11, 1980) (statement of Rep. Udall).

In its ANILCA Title VIII statement of policy, Congress stated, “nonwasteful subsistence uses of fish and wildlife and other renewable resources [by rural residents] shall be the priority consumptive uses of all such resources on the public lands of Alaska when it is necessary to restrict taking in order to assure the continued viability of a fish or wildlife population or the continuation of subsistence uses of such population, the taking of such population for nonwasteful subsistence uses shall be given preference on the public land over other consumptive uses” (16 U.S.C. 3112(2)). This subsistence preference includes all National Wildlife Refuges in Alaska.

All refuges in Alaska (except the Kenai National Wildlife Refuge) have among their stated statutory purposes to provide the opportunity for continued subsistence use by local rural residents in a manner consistent with the conservation of fish and wildlife populations and habitats in their natural diversity and fulfilling the international treaty obligations of the United States with respect to fish and wildlife and their habitats. In a further statement of Title VIII policy, Congress stated that “consistent with sound management principles, and the conservation of healthy populations of fish and wildlife, the utilization of the public lands in Alaska is to cause the least adverse impact possible on rural residents who depend upon subsistence uses of the resources of such lands; consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for each unit established . . . the purpose of this title [Title VIII] is to provide the opportunity for rural residents engaged in a subsistence way of life to do so” (16 U.S.C. 3112(1)). The Senate Committee on Energy and Natural Resources in its report on H.R. 39 stated that “the phrase `the conservation of healthy populations of fish and wildlife' is to mean the maintenance of fish and wildlife resources in their habitats in a condition which assures stable and continuing natural populations and species mix of plants and animals in relation to their ecosystems, including recognition that local rural residents engaged in subsistence uses may be a natural part of that ecosystem . . . ” (S. Rep. No. 96-413 at 233, reprinted in 1980 U.S.C.C.A.N. 5177).

The USFWS recognizes the importance of the fish, wildlife, and other natural resources in the lives and cultures of Alaska Native peoples, rural residents, and in the lives of all Alaskans, and we continue to recognize subsistence uses of fish and wildlife and other renewable resources as the priority consumptive use on Federal lands in Alaska, which includes all National Wildlife Refuges in Alaska. This proposed rule would not change existing or future Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or restrict taking of fish or wildlife for subsistence uses under Federal subsistence regulations.

The Improvement Act states that refuges must be managed to fulfill the mission of the NWRS and purposes of the individual refuge. The Improvement Act also clearly states the mission of the NWRS, which is to “administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.” Section 4(a)(4)(B) of the Improvement Act states that “In administering the System, the Secretary shall . . . ensure that the biological integrity, diversity, and environmental health [BIDEH] of the System are maintained for the benefit of present and future generations of Americans . . .” (16 U.S.C. 668dd(a)(4)(B)). The USFWS BIDEH policy (601 FW 3), which provides guidance for implementation of the Improvement Act, defines biological integrity as “biotic composition, structure, and functioning at genetic, organism, and community levels comparable with historic conditions, including the natural biological processes that shape genomes, organisms, and communities.” In that policy, biological diversity is defined as “the variety of life and its processes, including the variety of living organisms, the genetic differences among them, and communities and ecosystems in which they occur.” The policy defines environmental health as the “composition, structure, and functioning of soil, water, air, and other abiotic features comparable with historic conditions, including the natural abiotic processes that shape the environment.” Abiotic features are nonliving chemical and physical features of the environment (e.g., soil, air, water, temperature, etc.). The policy also defines “historic conditions” as the “composition, structure, and functioning of ecosystems resulting from natural processes that we believe, based on sound professional judgment, were present prior to substantial human related changes to the landscape.” In implementing this policy on refuges, we favor “management that restores or mimics natural ecosystem processes or functions to achieve refuge purposes(s).” Additionally, under this policy, we “formulate refuge goals and objectives for population management by considering natural densities, social structures, and population dynamics at the refuge level” and manage populations for “natural densities and levels of variation.”

The Wilderness Act of 1964 (16 U.S.C. 1131-1136) states that wilderness “is hereby recognized as an area where the earth and its community of life are untrammeled by man . . . which is protected and managed so as to preserve its natural conditions.” Our wilderness stewardship policy (610 FW 1) interprets “untrammeled” to be “the freedom of a landscape from the human intent to permanently intervene, alter, control, or manipulate natural conditions or processes.” The second chapter of the wilderness stewardship policy, which outlines administration and resource stewardship (610 FW 2), directs that USFWS will not manipulate ecosystem processes, specifically including predator/prey fluctuations, in wilderness areas unless “necessary to accomplish the purposes of the refuge, including Wilderness Act purposes, or in cases where these processes become unnatural” (i.e., disrupted predator/prey relationships, spread of invasive species, and so forth). Additionally, nothing in this proposed rule applies to or is inconsistent with our policy that outlines special provisions for Alaska wilderness (610 FW 5).

The overarching goal of our wildlife-dependent recreation policy is to enhance opportunities and access to quality visitor experiences on refuges and to manage the refuge to conserve fish, wildlife, plants, and their habitats (605 FW 1.6). We recognize hunting as one of many priority uses of the Refuge System (when and where compatible with refuge purposes) that is a healthy, traditional outdoor pastime, deeply rooted in the American heritage (605 FW 2). As stated in part 36 of title 50 of the Code of Federal Regulations (50 CFR 36), the taking of fish and wildlife through public recreational activities, including sport hunting, is authorized on refuges in Alaska “as long as such activities are conducted in manner compatible with the purposes for which the areas were established” (50 CFR 36.31(a)).

Sport hunting and trapping on refuges is generally regulated by the States, unless further restricted by Federal law (see 50 CFR 32.2(d)) or closures to Federal public land, such as under Federal subsistence regulations (36 CFR 242.26 or 50 CFR 100.26). In Alaska, sport hunting is commonly referred to as general hunting and trapping and includes State subsistence hunts and general permits open to both Alaska residents and nonresidents (see proposed definition under the Proposed Regulation Promulgation section, below). These activities remain subject to Federal law, including mandates under ANILCA; the Improvement Act; and, where applicable, the Wilderness Act. Applicable directives and guidance can also be found in policies in the USFWS Manual at 601 FW 3 (Biological Integrity, Diversity, and Environmental Health), 610 FW 2 (Wilderness Administration and Resource Stewardship), and 605 FW 2 (Hunting). Additionally, the regulations at 50 CFR 36.32(a) state that the Refuge Manager “may designate areas where, and establish periods when, no taking of a particular population of fish or wildlife shall be permitted.”

The State of Alaska's (State) legal framework for managing wildlife in Alaska is based on sustained yield, which is defined by statute to mean “the achievement and maintenance in perpetuity of the ability to support a high level of human harvest of game, subject to preferences among beneficial uses, on an annual or periodic basis” (Alaska Statute (AS) 16.05.255(j)(5)). Since 1994, Alaska State law (AS 16.05.255) has prioritized human consumptive use of ungulates—specifically moose, caribou, and deer. Known as the Intensive Management (IM) statute, the law requires the Alaska Board of Game (BOG) to designate populations of ungulates for which human consumptive use is the highest priority use and to set population and harvest objectives for those populations. To that end, the BOG must “adopt regulations to provide for intensive management programs to restore the abundance or productivity of identified big game prey populations as necessary to achieve human consumptive use goals” (AS 16.05.255(e)). Once designated as an IM population, if either populations or harvests fail to meet management objectives, nonresident hunting must first be eliminated, followed by reductions or eliminations of resident harvest opportunities. However, under the IM statute, the BOG may not significantly reduce the harvest opportunities of an identified IM ungulate population unless it has adopted or is considering the adoption of regulations “to restore the abundance or productivity of the ungulate population through habitat enhancement, predation control, or other means” (AS 16.05.255(e)-(g) and (j)).

The BOG has adopted regulations under the IM statute that require targeted reductions of wolf, black bear, brown bear, or a combination of these in designated “predation control areas” within game management units. These State regulations are implemented through IM plans that authorize activities including aerial shooting of wolves or bears or both by State agency personnel, trapping of wolves by paid contractors, allowance under permit for same-day airborne hunting of wolves and bears by the public, and allowance under permit for the take of any black or brown bear through baiting or snaring by the public (5 Alaska Administrative Code (AAC) 92).

Thirteen of the 16 refuges in Alaska contain lands within game management units officially designated for IM. While predator control activities occurring under the authority of an IM plan have not been permitted by USFWS on any refuge in Alaska, some predator control programs and activities are being implemented in predation control areas immediately adjacent to refuges. Given the large home ranges of many species affected by IM actions, these control programs have the potential to impact wildlife resources, natural systems, and ecological processes, as well as conservation and management of these species on adjacent refuges.

In recent years, concurrent with its adoption and implementation of IM plans for predation control areas, the BOG has also authorized measures under its general hunting and trapping regulations that have the potential to greatly increase effectiveness of the take of predators and to disrupt natural processes and wildlife interactions. Examples of these recently adopted measures, which apply beyond areas officially designated for IM, including many refuges in Alaska, are:

• Harvesting brown bears over bait at registered black bear bait stations;

• Taking wolves and coyotes (including pups) during the denning season;

• Expanding season lengths and increasing bag limits;

• Classifying black bears as both furbearers and big game species (which could allow for trapping and snaring of bears and sale of their hides and skulls); and

• Authorizing same-day airborne take of bears at registered bait stations (5 AAC 85).

Many of the recent actions by the BOG to liberalize the State's regulatory frameworks for general hunting and trapping of wolves, bears, and coyotes reverse long-standing prohibitions and restrictions on take of these wildlife species under State law. Unlike the recent practice of taking brown bears over bait, black bear baiting has been an authorized practice in Alaska since 1982, including on refuges. Black bear baiting is authorized by the State pursuant to a permit and, in some instances, a special use permit (USFWS Form 3-1383-G) issued by refuges. Taking of brown bears at black bear baiting stations was recently authorized under State regulations in certain game management units within the State (several of which are within refuges) and is subject to the same restrictions as black bear baiting. The State regulations prohibit setting up a bait station within 1 mile of a home or other dwelling, business, or campground, or within 1/4 mile of a road or trail (5 AAC 85).

Implementation of IM actions under the IM statute and many of the recent liberalizations of the general hunting and trapping regulations have direct implications for the management of refuges in Alaska. Predator-prey interactions represent a dynamic and foundational ecological process in Alaska's arctic and subarctic ecosystems, and are a major driver of ecosystem function. Regulations or activities on refuges in Alaska that are inconsistent with the conservation of fish and wildlife populations and their habitats in their natural diversity, or the maintenance of biological integrity, diversity, and environmental health, are in direct conflict with our legal mandates for administering refuges in Alaska under ANILCA, the Improvement Act, and the Wilderness Act, as well as with several applicable agency policies (601 FW 3, 610 FW 2, and 605 FW 2).

The USFWS is mandated to conserve species and habitats in their natural diversity and ensure that biological integrity, diversity, and environmental health are maintained on refuges in Alaska for the continuing benefit of present and future generations. In managing for natural diversity, the USFWS conserves, protects, and manages all fish and wildlife populations within a particular wildlife refuge system unit in the natural `mix,' not to emphasize management activities favoring one species to the detriment of another. The USFWS assures that habitat diversity is maintained through natural means on refuges in Alaska, avoiding artificial developments and habitat manipulation programs, whenever possible. The USFWS fully recognizes and considers that rural residents use, and are often dependent on, refuge resources for subsistence purposes, and the USFWS manages for this use consistent with the conservation of species and habitats in their natural diversity. The terms biological integrity, diversity, and environmental health are defined in the BIDEH policy (601 FW 3), which directs the USFWS to maintain the variety of life and its processes; to maintain biotic and abiotic compositions, structure, and functioning; and to manage populations for natural densities and levels of variation throughout the NWRS.

Proposal

This proposed rule would not change Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or otherwise restrict the taking of fish or wildlife for subsistence by federally qualified users under those regulations. This proposed rule would also not apply to take in Defense of Life and Property as defined under State regulations (see 5 AAC 92.410). Hunting and trapping are priority uses of refuges in Alaska. The proposed rule would not affect implementation of State hunting and trapping regulations that are consistent with Federal law and USFWS policies on refuges, nor would it restrict hunting or trapping activities outside USFWS-managed refuge lands and waters.

The proposed rule would make the following substantive changes:

(1) We would prohibit predator control on refuges in Alaska, unless it is determined necessary to meet refuge purposes, Federal laws, or policy; is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health; and is based on sound science in response to a significant conservation concern. Demands for more wildlife for human harvest cannot be the sole or primary basis for predator control. A Refuge Manager could authorize predator control activities on a National Wildlife Refuge in Alaska only if:

(a) Alternatives to predator control have been evaluated, attempted, and exhausted as a practical means of achieving management objectives;

(b) Proposed actions have been evaluated and found to be in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.);

(c) A formal refuge compatibility determination has been completed, as required by law; and

(d) The potential effects of predator control on subsistence uses and needs have been evaluated through an ANILCA section 810 analysis.

For clarity, we would define predator control as the intention to reduce the population of predators for the benefit of prey species. The USFWS in Alaska's position for the last three decades has been that the need for predator control must be based on sound science in response to a significant conservation concern. This requirement is consistent with managing for the conservation of natural and biological diversity, biological integrity, and environmental health under ANILCA and the Improvement Act.

This proposed rule would ensure that take of wildlife under State regulations and implementation of predator control on refuges in Alaska are consistent with our legal mandates and policies for administration of those refuges.

(2) We would also prohibit certain practices for the taking of wildlife on Alaska National Wildlife refuges (except for subsistence uses by federally qualified subsistence users in accordance with applicable Federal laws and regulations), including:

• Taking black or brown bear cubs or sows with cubs (exception allowed for resident hunters to take black bear cubs or sows with cubs under customary and traditional use activities at a den site October 15-April 30 in specific game management units in accordance with State law);

• Taking brown bears over bait;

• Taking of bears using traps or snares;

• Taking wolves and coyotes during the denning season (May 1-August 9); and

• Taking bears from an aircraft or on the same day as air travel has occurred. The take of wolves or wolverines from an aircraft or on the same day as air travel has occurred is already prohibited under current refuge regulations, and this would not change.

The USFWS is seeking comment on the type of bait allowed to be used for the baiting of black or brown bears. Currently, State regulations, which are adopted on refuges, require the bait used at bear baiting stations to be biodegradable. People use a range of different types of bait for the baiting of bears, including parts of fish and game that are not required to be salvaged when these species are harvested, as well as human and pet food products.

(3) We would update our regulations to reflect Federal assumption of management of subsistence hunting and fishing under Title VIII of ANILCA by the Federal Government from the State in the 1990s.

(4) We would amend 50 CFR 32.2(h) to state that black bear baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska. This change would help ensure consistency in our regulations if the amendments to 50 CFR 36, as presented in this proposed rule, are adopted.

(5) We would update procedures for implementing closures or restrictions on refuges, including the taking of fish and wildlife under sport hunting and trapping, to more effectively engage and inform the public and make the notice and durational provisions more consistent with procedures set forth in Federal subsistence closure policy and regulations at 36 CFR 242.19 and 50 CFR 100.19 for emergency special actions on Federal public lands in Alaska. Improved consistency between these Federal regulations and processes is intended to help minimize confusion and make it easier for the public to be involved in the process.

Under the proposed rule, the Regional Director will compile a list, updated at least annually, of Alaska refuge closures and restrictions under Federal Alaska refuge regulations. Notice would be provided in accordance with the procedures set forth at 50 CFR 36.42. This annual list would include contact information for the lead staff and a process for the public to provide input and review.

The current regulations provide for emergency, temporary, and permanent restrictions. The proposed changes would outline emergency restrictions, limited to 60 days, and temporary restrictions, limited to the minimum time necessary, with review at least every 3 years.

We would also update the closures and restrictions notification procedures for refuges in Alaska to reflect the availability of alternative communications technologies and approaches that have emerged or evolved over the last few decades. These changes recognize that the Internet has become one of the primary methods to communicate with the public and is an effective tool for engaging Alaskans and the broader American public and that there are other forms of broadcast media, beyond just the radio, that we may want to use.

The proposed changes to the notification procedures are not intended to limit public involvement or reduce public notice; rather, we intend to engage in ways more likely to encourage public involvement and in a manner that is fiscally sustainable. We recognize that in-person public meetings will still be the most effective way to engage Alaskans, and we intend to continue that practice. We also recognize that many individuals in rural Alaska do not have access to high speed Internet, and for that reason, we will continue to use other methods of communication, such as newspapers and radio, where available to provide adequate notice.

The following table summarizes the changes we propose to the existing procedures for public participation and closures at 50 CFR 36.42:

Current Proposed update Authority Refuge Manager may close an area or restrict an activity on an emergency, temporary, or permanent basis No updates being considered. Criteria (50 CFR 36.42(b)) Criteria includes: Public health and safety, resource protection, protection of cultural or scientific values, subsistence uses, endangered or threatened species conservation, and other management considerations necessary to ensure that the activity or area is being managed in a manner compatible with refuge purposes Add conservation of natural diversity, biological integrity, biological diversity, and environmental health to the current list of criteria. Emergency closures or restrictions (50 CFR 36.42(c)) Emergency closure may not exceed 30 days Increase the period from 30 to 60 days, with extensions beyond 60 days being subject to nonemergency closure procedures (i.e., temporary or permanent). Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see below for details). Closures related to the taking of fish and wildlife will be accompanied by notice with a subsequent hearing Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see below for details). Temporary closures or restrictions (50 CFR 36.42(d)) May extend only for as long as necessary to achieve the purpose of the closure or restriction, not to exceed or be extended beyond 12 months Temporary closures or restrictions related to the taking of fish and wildlife may still only extend for so long as necessary to achieve the purpose of the closure or restriction. These closures or restrictions will be periodically re-evaluated at least every 3 years to determine whether the circumstances necessitating the original closure still exist and warrant continuation of the restriction. A formal finding will be made in writing that explains the reasoning for the decision. When a closure is no longer needed, action to remove it will be initiated as soon as practicable. The USFWS will maintain a list of all refuge closures and publish this list annually for public review. Closure effective upon notice as prescribed in 50 CFR 36.42(f) (see below for details). Closures related to the taking of fish and wildlife effective upon notice and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate Closure subject to notice procedures as prescribed in 50 CFR 36.42(f) (see below for details). Closures related to the taking of fish and wildlife would require consultation with the State and affected Tribes and Native Corporations, as well as the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. Permanent closures or restrictions (50 CFR 36.42(e)) No time limit
  • Closure effective after notice and public hearings in the affected vicinity and other locations as appropriate, and after publication in the Federal Register
  • No time limit.
  • Closures related to the taking of fish and wildlife would require consultation with the State and affected Tribes and Native Corporations, as well as the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. Closures would continue to be published in the Federal Register.
  • Notice (50 CFR 36.42(f)) Notice is to be provided through newspapers, signs, and radio Add the use of the Internet, broadcast media, or other available methods, in addition to continuing to use the more traditional methods of newspapers, signs, and radio.

    (6) We propose to codify definitions for several terms (see the Proposed Regulation Promulgation section, below). These terms include “Bait,” “Big game,” “Biological diversity,” “Biological integrity,” “Cub bear,” “Environmental health,” “Furbearer,” “Historic conditions,” “Natural diversity,” “Predator control,” “Regional Director,” “Sport hunting,” and “Trapping.” Most of these definitions, including bait, big game, cub bear, furbearer, and predator control, are based on existing definitions in Federal subsistence regulations or policy.

    During our scoping and tribal consultation efforts, we heard that the definitions for biological integrity, biological diversity, natural diversity, and environmental health and the origins of these definitions were of significant interest to people. As discussed earlier in the preamble, the USFWS is mandated under the Improvement Act to “ensure that the biological integrity, diversity, and environmental health [BIDEH] of the System are maintained for the benefit of present and future generations of Americans . . .” (16 U.S.C. 668dd(a)(4)(B)). The USFWS BIDEH policy (601 FW 3), which provides guidance for implementation of the Improvement Act, provides definitions for each of these terms, as well as the term “historic conditions,” and those definitions are included word-for-word in this proposed rule. As was also discussed earlier in the preamble, under ANILCA, each refuge in Alaska has an establishment purpose to “conserve fish and wildlife populations and habitats in their natural diversity.” Our proposed definition for natural diversity is based on the discussion of the term in the legislative history of ANILCA.

    Required Determinations Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant.

    Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order 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. Executive Order 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 this rule in a manner consistent with these requirements.

    Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency must publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities (small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. SBREFA amended the RFA to require Federal agencies to provide a statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. Thus, for a regulatory flexibility analysis to be required, impacts must exceed a threshold for “significant impact” and a threshold for a “substantial number of small entities.” See 5 U.S.C. 605(b). SBREFA amended the Regulatory Flexibility Act to require Federal agencies to provide a statement of the factual basis for certifying that a rule would have a significant economic impact on a substantial number of small entities.

    The proposed rule would amend regulations for refuges in Alaska. The proposed rule would: (1) Codify how our existing mandates for the conservation of natural and biological diversity, biological integrity, and environmental health on refuges in Alaska relate to predator control (50 CFR 36.1); (2) prohibit several particularly effective methods and means for take of predators (50 CFR 36.32); and (3) update our public participation and closure procedures (50 CFR 36.42). Predator control is prohibited on refuges in Alaska unless it is determined necessary to meet refuge purposes, Federal laws, or policy and is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health. The need for predator control must be based on sound science in response to a significant conservation concern. Demands for more wildlife to harvest cannot be the sole or primary basis for predator control. This rule would not change Federal subsistence regulations (36 CFR 242 and 50 CFR 100) or restrict taking of fish or wildlife for subsistence uses under Federal subsistence regulations. Codifying our existing mandates on conservation of natural diversity, biological integrity, biological diversity, and environmental health would not have a significant impact because the USFWS is and has been required to manage refuges in Alaska consistent with these mandates for the last several decades since they were put into effect. Codifying previously and currently prohibited sport hunting and trapping practices would not have a significant impact because the few changes that have occurred have been relatively recent, occurring over the last several years, and this rule would actually constitute a change back to the status quo. State general hunting and trapping regulations currently apply to refuges in Alaska. Therefore, the prohibition of particular methods and means for the take of predators under State regulations on refuges in Alaska that may affect visitor use on those refuges include the take of brown bears over bait, take of wolves and coyotes during the denning season, and same-day airborne take of bears. The take of black bear sows with cubs is only allowed under State regulations in specific game management units for customary and traditional use; therefore it is not currently nor in the past has it been legal for the general public to participate in this activity outside of that framework. As a result, big game hunting may decrease if a hunter's preferred hunting method is prohibited. Conversely, wildlife watching activities may increase if there are increased opportunities to view wildlife, including bears, wolves, and coyotes. From 2009 to 2013, big game hunting on refuges in Alaska averaged about 40,000 days annually and represented 2 percent of wildlife-related recreation on refuges. For Statewide hunting, big game hunting on refuges in Alaska represented only 4 percent of all big game hunting days (1.2 million days). Due to the past ban on these proposed prohibited methods and means for take of predators, we estimate that these hunting methods (take of brown bears over bait, take of wolves and coyotes during the denning season, and same-day airborne take of bears) represent a small fraction of all big game hunting on refuges. As a result, big game hunting on refuges would change minimally. This change in opportunity would most likely be offset by other sites (located outside of refuges) gaining participants. Therefore, there would be a substitute site for these hunting methods, and participation rates would not necessarily change.

    Hunters' spending contributes income to the regional economy and benefits local businesses. Due to the unavailability of site-specific expenditure data, we use the Alaska estimate from the 2011 National Survey of Fishing, Hunting, and Wildlife Associated Recreation to identify expenditures for food and lodging, transportation, and other incidental expenses. Using the average trip-related expenditures for big game hunting ($139 per day) yields approximately $5.9 million annually in big game hunting-related expenditures on refuges in Alaska. Since only a small fraction of big game hunters would choose not to hunt on refuges under the proposed rule, the impact would be minimal. The net loss to the local communities would be no more than $5.9 million annually, and most likely considerably less because few hunters use the prohibited methods and those hunters that do would likely choose a substitute site.

    Small businesses within the retail trade industry (such as hotels, gas stations, taxidermy shops, etc.) may be impacted from some decreased refuge visitation. A large percentage of these retail trade establishments in local communities around refuges qualify as small businesses. We expect that the incremental recreational changes will be scattered, and so we do not expect that the rule would have a significant economic effect on a substantial number of small entities in Alaska.

    With the small change in overall spending anticipated from this proposed rule, it is unlikely that a substantial number of small entities would have more than a small impact from the spending change near the affected refuges. Therefore, we certify that this proposed rule would not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) An initial regulatory flexibility analysis is not required. Accordingly, a small entity compliance guide is not required.

    Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule:

    a. Would not have an annual effect on the economy of $100 million or more.

    b. Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions.

    c. Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises.

    Unfunded Mandates Reform Act

    This proposed rule would not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule would 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.

    Takings (Executive Order 12630)

    This proposed rule does not involve the taking of private property or otherwise have taking implications under Executive Order 12630. This proposed rule, if adopted, would affect the public use and management of Federal lands managed by USFWS in Alaska. A takings implication assessment is not required.

    Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, this proposed rule does not have significant Federalism effects. A federalism summary impact statement is not required. This proposed rule, if adopted, would affect the public use and management of Federal lands managed by USFWS in Alaska and would not have a substantial direct effect on State or local governments in Alaska.

    Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive Order 12988. Specifically, this rule:

    a. Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and

    b. Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards.

    Government-to-Government Relationship With Tribes

    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)), Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments; 65 FR 67249 (November 9, 2000)), and the Department of the Interior Manual, 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis, and we are seeking the Tribes' input in evaluating this proposed rule. In addition, we have evaluated this proposed rule in accordance with 512 DM 4 under Department of the Interior Policy on Consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations, August 10, 2012. We have been and will continue to consult with Alaska Native tribes and Alaska Native corporations regarding this proposed rule.

    Paperwork Reduction Act of 1995 (PRA)

    This proposed rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the PRA (44 U.S.C. 3501 et seq.). The special use permit mentioned in this proposed rule, FWS Form 3-1383-G, is already approved by OMB under OMB control number 1018-0102, which expires on June 30, 2017. We may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the Department of the Interior's manual at 516 DM. An environmental assessment has been prepared and is available for public comment during the comment period for this proposed rule. A copy of the environmental assessment can be found at http://www.regulations.gov under Docket No. FWS-R7-NWRS-2014-0005.

    Energy Supply, Distribution, or Use (Executive Order 13211)

    Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking actions that significantly affect energy supply, distribution, or use. We believe that the rule would not have any effect on energy supplies, distribution, or use. Therefore, this action is not a significant energy action, and no Statement of Energy Effects is required.

    Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must:

    (a) Be logically organized;

    (b) Use the active voice to address readers directly;

    (c) Use common, everyday words and clear language rather than jargon;

    (d) Be divided into short sections and sentences; and

    (e) Use lists and tables wherever possible.

    If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section, above. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc.

    Authors

    The primary authors of this proposed rule are Heather Abbey Tonneson and Stephanie Brady of the U.S. Fish and Wildlife Service, Alaska Regional Office, with considerable review and input from other USFWS Alaska refuge and Office of Subsistence Management managerial and biological staff.

    Public Participation

    It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule by one of the methods listed in the ADDRESSES section, above. In addition, see the related document published elsewhere in today's Federal Register with information on nine open houses and public hearings that will be held in various locations around the State and at which comments will be accepted.

    Public Availability of Comments

    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.

    List of Subjects 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, Wildlife, Wildlife refuges.

    50 CFR Part 36

    Alaska, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife refuges.

    Accordingly, we propose to amend title 50, chapter I, subchapter C, of the Code of Federal Regulations as follows:

    PART 32—HUNTING AND FISHING 1. The authority citation for part 32 continues to read as follows: Authority:

    5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i.

    § 32.2 [Amended]
    2. Amend § 32.2(h) by removing the words, “(Baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska).” and adding in their place the words, “(Black bear baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska.)”. PART 36—ALASKA NATIONAL WILDLIFE REFUGES 3. The authority citation for part 36 continues to read as follows: Authority:

    16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.

    Subpart A—Introduction and General Provisions 4. Amend § 36.1 by: a. Redesignating paragraphs (a), (b), and (c) as paragraphs (b), (c), and (d), respectively; and b. Adding a new paragraph (a) to read as follows:
    § 36.1 How do the regulations in this part apply to me and what do they cover?

    (a) National Wildlife Refuges in Alaska are maintained to conserve species and habitats in their natural diversity and to ensure biological integrity, diversity, and environmental health for the continuing benefit of present and future generations.

    5. Amend § 36.2 by adding, in alphabetical order, definitions for “Bait,” “Big game,” “Biological diversity,” “Biological integrity,” “Cub bear,” “Environmental health,” “Furbearer,” “Historic conditions,” “Natural diversity,” “Predator control,” “Regional Director,” “Sport hunting,” and “Trapping,” to read as follows:
    § 36.2 What do these terms mean?

    Bait means any material excluding a scent lure that is placed to attract an animal by its sense of smell or taste; however, those parts of legally taken animals that are not required to be salvaged and which are left at the kill site are not considered bait.

    Big game means black bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat, moose, muskox, Dall sheep, wolf, and wolverine.

    Biological diversity means the variety of life and its processes, including the variety of living organisms, the genetic differences among them, and communities and ecosystems in which they occur.

    Biological integrity means the biotic compositions, structure, and functioning at genetic, organism, and community level comparable with historic conditions, including the natural biological processes that shape genomes, organisms, and communities.

    Cub bear means a brown (grizzly) bear in its first or second year of life, or a black bear (including the cinnamon and blue phases) in its first year of life.

    Environmental health means the composition, structure, and functioning of soil, water, air, and other abiotic features comparable with historic conditions, including the natural abiotic processes that shape the environment.

    Furbearer means a beaver, coyote, arctic fox, red fox, lynx, marten, mink, least weasel, short-tailed weasel, muskrat, river (land) otter, flying squirrel, ground squirrel, red squirrel, Alaskan marmot, hoary marmot, woodchuck, wolf, or wolverine.

    Historic conditions means the composition, structure, and functioning of ecosystems resulting from natural processes that we believe, based on sound professional judgment, were present prior to substantial human related changes to the landscape.

    Natural diversity means the existence of all fish, wildlife, and plant populations within a particular wildlife refuge system unit in the natural mix and in a healthy condition for the long term benefit of current and future generations. Managing for natural diversity includes avoiding emphasis of management activities favoring some species to the detriment of others; assuring that habitat diversity is maintained through natural means, avoiding artificial developments and habitat manipulation programs whenever possible; and taking into consideration the fact that humans are dependent on wildlife refuge subsistence resources.

    Predator control is the intention to reduce the population of predators for the benefit of prey species.

    Regional Director means the Alaska Regional Director of the U.S. Fish and Wildlife Service, or an authorized representative.

    Sport hunting means the taking of or attempting to take wildlife under State hunting or trapping regulations. In Alaska, this is commonly referred to as general hunting and trapping and includes State subsistence hunts and general permits open to both Alaska residents and nonresidents.

    Trapping means taking furbearers under a trapping license.

    Subpart B—Subsistence Uses
    § 36.11 [Amended]
    6. Amend § 36.11 by removing paragraph (d) and by redesignating paragraph (e) as paragraph (d). 7. Revise § 36.13 to read as follows:
    § 36.13 Subsistence fishing.

    Fish may be taken by Federally qualified subsistence users, as defined at 50 CFR part 100.5, for subsistence uses on Alaska National Wildlife Refuges where subsistence uses are allowed in compliance with this subpart and 50 CFR part 100.

    8. Revise § 36.14 to read as follows:
    § 36.14 Subsistence hunting and trapping.

    Federally qualified subsistence users, as defined at 50 CFR part 100.5, may hunt and trap wildlife for subsistence uses on Alaska National Wildlife Refuges where subsistence uses are allowed in compliance with this subpart and 50 CFR part 100.

    Subpart D—Non-subsistence Uses 9. Revise the heading of subpart D to read as set forth above. 10. Amend § 36.32 to read as follows:
    § 36.32 Taking of fish and wildlife.

    (a) The taking of fish and wildlife for sport hunting and trapping and for sport fishing is authorized in accordance with applicable State and Federal law, and such laws are hereby adopted and made a part of these regulations, except as noted below and provided however, that the Refuge Manager, pursuant to § 36.42, may designate areas where, and establish periods when, no taking of a particular population of fish or wildlife will be allowed.

    (b) Predator control is prohibited on National Wildlife Refuges in Alaska, unless it is determined necessary to meet refuge purposes, Federal laws, or policy; is consistent with our mandates to manage for natural and biological diversity, biological integrity, and environmental health; and is based on sound science in response to a significant conservation concern. Demands for more wildlife for human harvest cannot be the sole or primary basis for predator control. A Refuge Manager will authorize predator control activities on a National Wildlife Refuge in Alaska only if:

    (1) Alternatives to predator control have been evaluated, attempted, and exhausted as a practical means of achieving management objectives;

    (2) Proposed actions have been evaluated in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.);

    (3) A formal refuge compatibility determination has been completed, as required by law; and

    (4) The potential effects of predator control on subsistence uses and needs have been evaluated through an ANILCA section 810 analysis.

    (c) The exercise of valid commercial fishing rights or privileges obtained pursuant to existing law, including any use of refuge areas for campsites, cabins, motorized vehicles, and aircraft landing directly incident to the exercise of such rights or privileges, is authorized; Provided, however, that the Refuge Manager may restrict or prohibit the exercise of these rights or privileges or uses of federally owned lands directly incident to such exercise if the Refuge Manager determines, after conducting a public hearing in the affected locality, that they are inconsistent with the purposes of the refuge and that they constitute a significant expansion of commercial fishing activities within such refuge beyond the level of such activities in 1979.

    (d) The following provisions apply to any person while engaged in the taking of fish and wildlife within an Alaska National Wildlife Refuge:

    (1) Trapping and sport hunting. (i) Each person must secure and possess all required State licenses and must comply with the applicable provisions of State law unless further restricted by Federal law;

    (ii) Each person must comply with the applicable provisions of Federal law;

    (iii) In addition to the requirements of paragraphs (a) and (b) of this section, each person must continue to secure a trapping permit from the appropriate Refuge Manager prior to trapping on the Kenai, Izembek, and Kodiak Refuges and the Aleutian Islands Unit of the Alaska Maritime Refuge.

    (iv) It is unlawful for a person having been airborne to use a firearm or any other weapon to take or assist in taking any species of bear, wolf, or wolverine until after 3 a.m. on the day following the day in which the flying occurred, except that a trapper may use a firearm or any other weapon to dispatch a legally caught wolf or wolverine in a trap or snare on the same day in which the flying occurred. This prohibition does not apply to flights on regularly scheduled commercial airlines between regularly maintained public airports.

    (v) The following methods and means for take of wildlife are prohibited:

    Prohibited acts Exceptions (A) Using snares, nets, or traps to take any species of bear None. (B) Using bait (1) Bait may be used to trap furbearers.
  • (2) Bait may be used to hunt black bears.
  • (C) Taking wolves and coyotes from May 1 through August 9 None. (D) Taking bear cubs or sows with cubs In accordance with Alaska State law and regulation, resident hunters may take black bear cubs or sows with cubs under customary and traditional use activities at a den site October 15—April 30 in game management units 19A, 19D, 21B, 21C, 21D, 24, and 25D.

    (2) Sport and commercial fishing. (i) Each person must secure and possess all required State licenses and must comply with the applicable provisions of State law unless further restricted by Federal law;

    (ii) Each person must comply with the applicable provisions of Federal law.

    (e) Persons transporting fish or wildlife through Alaska National Wildlife Refuges must carry an Alaska State hunting or fishing license, or in cases where a person is transporting game for another person, they are required to carry an Alaska State “Transfer of Possession Form” on their person and make these available when requested by law enforcement personnel.

    (f) Nothing in this section applies to or restricts the taking or transporting of fish and wildlife by Federally qualified subsistence users under Federal subsistence regulations.

    (g) Animal control programs will only be conducted in accordance with a special use permit issued by the Refuge Manager.

    11. Amend § 36.42 by revising paragraphs (a), (b), (c)(4), (d), (e), (f), (g), and (h) to read as follows:
    § 36.42 Public participation and closure procedures.

    (a) Applicability and authority. The Refuge Manager may close an area or restrict an activity in an Alaska National Wildlife Refuge on an emergency, temporary, or permanent basis in accordance with this section.

    (b) Criteria. In determining whether to close an area or restrict an activity otherwise allowed, the Refuge Manager will be guided by factors such as public health and safety; resource protection; protection of cultural or scientific values; subsistence uses; conservation of endangered or threatened species; conservation of natural diversity, biological integrity, biological diversity, and environmental health; or other management considerations necessary to ensure that the activity or area is being managed in a manner compatible with the purposes for which the Refuge was established.

    (c) * * *

    (4) Emergency closures or restrictions may not exceed a period of 60 days. Extensions beyond 60 days are subject to nonemergency closure procedures.

    (d) Temporary closures or restrictions. (1) Temporary closures or restrictions relating to the use of aircraft, snowmachines, motorboats, or nonmotorized surface transportation will be effective only after notice and hearing in the vicinity of the area(s) affected by such closures or restriction, and other locations as appropriate.

    (2) Temporary closures or restrictions related to the taking of fish and wildlife will be effective only after allowing for the opportunity for public comment and a public hearing in the vicinity of the area(s) affected. Temporary closures or restrictions related to the taking of fish and wildlife also require consultation with the State and affected Tribes and Native Corporations.

    (3) Other temporary closures will be effective upon notice as set forth at § 36.42(f).

    (4) Temporary closures or restrictions, other than those relating to the taking of fish and wildlife, will extend only for as long as necessary to achieve the purpose of the closure or restriction, not to exceed 12 months.

    (5) Temporary closures or restrictions related to the taking of fish and wildlife will extend only for as long as necessary to achieve the purpose of the closure or restriction. These temporary closures and restrictions will be periodically re-evaluated as necessary, at least every 3 years, to determine whether the circumstances necessitating the original closure or restriction still exist and warrant continuation. A formal finding will be made in writing that explains the reasoning for the decision. When a closure is no longer needed, action to remove it will be initiated as soon as practicable.

    (6) The U.S. Fish and Wildlife Service will maintain a list of all refuge closures and restrictions and will publish this list annually for public review.

    (e) Permanent closures or restrictions. Permanent closures or restrictions relating to the use of aircraft, snowmachines, motorboats, or nonmotorized surface transportation, or taking of fish and wildlife, will be effective only after allowing for the opportunity for public comment and a public hearing in the vicinity of the area(s) affected and publication in the Federal Register. Permanent closures or restrictions related to the taking of fish and wildlife would require consultation with the State and affected Tribes and Native Corporations.

    (f) Notice. Emergency, temporary, or permanent closures or restrictions will be published on the U.S. Fish and Wildlife Service's Web site at http://www.fws.gov/alaska/nwr/ak_sp_hunt_regs.htm. Additional means of notice reasonably likely to inform residents in the affected vicinity will also be provided where available, such as:

    (1) Publication in a newspaper of general circulation in the State and in local newspapers;

    (2) Use of electronic media, such as the Internet and email lists;

    (3) Broadcast media (radio, television, etc.); or

    (4) Posting of signs in the local vicinity or at the Refuge Manager's office.

    (g) Openings. In determining whether to open an area to public use or activity otherwise prohibited, the Refuge Manager will provide notice in the Federal Register and will, upon request, hold a public meeting in the affected vicinity and other location, as appropriate, prior to making a final determination.

    (h) Except as otherwise specifically allowed under the provisions of this part, entry into closed areas or failure to abide by restrictions established under this section is prohibited.

    Karen Hyun, Deputy Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 2016-00022 Filed 1-7-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648-BF25 Fisheries of the Exclusive Economic Zone Off Alaska; Bycatch Management in the Bering Sea Pollock Fishery AGENCY:

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

    ACTION:

    Notice of availability of fishery management plan amendments; request for comments.

    SUMMARY:

    The North Pacific Fishery Management Council (Council) submitted Amendment 110 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 110 would improve the management of Chinook and chum salmon bycatch in the Bering Sea pollock fishery by creating a comprehensive salmon bycatch avoidance program. This proposed action is necessary to minimize Chinook and chum salmon bycatch in the Bering Sea pollock fishery to the extent practicable while maintaining the potential for the full harvest of the pollock total allowable catch within specified prohibited species catch limits. Amendment 110 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

    DATES:

    Comments must be received no later than March 8, 2016.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2015-0081, 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-2015-0081, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.

    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), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Electronic copies of Amendment 110 and the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis prepared for this action (collectively the “Analysis”) may be obtained from www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Gretchen Harrington, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each regional fishery management council submit any fishery management plan amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery management plan amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. This notice announces that proposed Amendment 110 to the FMP is available for public review and comment.

    NMFS manages the pollock fishery in the exclusive economic zone of the Bering Sea and Aleutian Islands (BSAI) under the FMP. The Council prepared this FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations implementing the FMP appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600.

    The Bering Sea Pollock Fishery

    Amendment 110 would apply to owners and operators of catcher vessels, catcher/processors, motherships, inshore processors, and the six Western Alaska Community Development Quota (CDQ) Program groups participating in the pollock (Gadus chalcogrammus) fishery in the Bering Sea subarea of the BSAI. The pollock fishery is the largest single species fishery, by volume, in the United States. In 2013, the value of this fishery was more than 1.329 billion dollars, the most recent year of complete data on wholesale value. In 2015, the pollock TAC was 1,310,000 metric tons (mt).

    The pollock fishery is managed under the American Fisheries Act (AFA) (16 U.S.C. 1851 note). In October 1998, Congress enacted the AFA, which “rationalized” the pollock fishery by identifying the vessels and processors eligible to participate in the fishery and allocating pollock among those eligible participants. For more information on the AFA, please see the final rule implementing the AFA (67 FR 79692, December 30, 2002).

    Under the AFA, 10 percent of the pollock total allowable catch (TAC) is allocated to the CDQ Program. After the CDQ Program allocation is subtracted, an amount needed for the incidental catch of pollock in other groundfish fisheries is subtracted from the TAC. In 2015, the CDQ allocation was 131,000 mt of pollock and the incidental catch allowance was 47,160 mt. The allocation of pollock to the CDQ Program is further allocated among the six non-profit corporations (CDQ groups) that represent the 65 communities eligible for the CDQ Program under section 305(i)(1)(D) of the Magnuson-Stevens Act.

    The “directed fishing allowance” is the remaining amount of pollock, after subtraction of the CDQ Program allocation and the incidental catch allowance. The directed fishing allowance is then allocated among the AFA inshore sector (50 percent), the AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). Annually, NMFS further apportions the pollock allocations to the CDQ Program and the other three AFA sectors between two seasons—40 percent to the A season (January 20 to June 10) and 60 percent to the B season (June 10 to November 1) (see § 679.20(a)(5)(i)(B)(1)).

    The AFA allows for the formation of fishery cooperatives within the non-CDQ sectors. A purpose of these AFA cooperatives is to further subdivide each sector's or inshore cooperative's pollock allocation among participants in the sector or cooperative through private contractual agreements. The cooperatives manage these allocations to ensure that individual vessels and companies do not harvest more than their agreed upon share. The cooperatives also facilitate transfers of pollock among the cooperative members, enforce contract provisions, and participate in an intercooperative agreement to minimize non-Chinook salmon bycatch as well as an incentive plan agreement to minimize Chinook salmon bycatch.

    The inshore sector is comprised of catcher vessels eligible to deliver pollock to the seven eligible AFA inshore processors. Eligible catcher vessels may form inshore cooperatives associated with a particular inshore processor. NMFS permits the inshore cooperatives, allocates pollock to them, and manages these allocations through a regulatory prohibition against an inshore cooperative exceeding its pollock allocation.

    The AFA catcher/processor sector is comprised of the catcher/processors and catcher vessels eligible under the AFA to deliver to catcher/processors. The AFA mothership sector is made up of three motherships and the catcher vessels eligible under the AFA to deliver pollock to these motherships. These sectors have formed cooperatives; however, NMFS does not manage the sub-allocations of pollock among the cooperative members. The cooperatives control the harvest by their member vessels so that the pollock allocation to the sector is not exceeded. However, NMFS monitors pollock harvest by all members of the catcher/processor sector and mothership sector. NMFS retains the authority to close directed fishing for pollock by a sector if vessels in that sector continue to fish once the sector's seasonal allocation of pollock has been harvested.

    Salmon Bycatch in the Bering Sea Pollock Fishery

    Pollock is harvested with fishing vessels using trawl gear, which are large nets towed through the water by the vessel. Pollock can occur in the same locations as Chinook salmon and chum salmon. Consequently, Chinook salmon and chum salmon are incidentally caught in the nets as fishermen target pollock.

    Section 3 of the Magnuson-Stevens Act defines bycatch as fish that are harvested in a fishery, which are not sold or kept for personal use. Therefore, Chinook salmon and chum salmon caught in the pollock fishery are considered bycatch under the Magnuson-Stevens Act, the FMP, and NMFS regulations at 50 CFR part 679. Bycatch of any species, including discard or other mortality caused by fishing, is a concern of the Council and NMFS. National Standard 9 and section 303(a)(11) of the Magnuson-Stevens Act requires the Council to select, and NMFS to implement, conservation and management measures that, to the extent practicable, minimize bycatch and bycatch mortality.

    The bycatch of culturally and economically valuable species like Chinook salmon and chum salmon, which are fully allocated and, in some cases, facing conservation concerns, are categorized as prohibited species under the FMP and are the most regulated and closely managed category of bycatch. Pacific salmon, steelhead trout, Pacific halibut, king crab, Tanner crab, and Pacific herring are classified as prohibited species in the groundfish fisheries off Alaska. As a prohibited species, fishermen must avoid salmon bycatch and any salmon caught must either be donated to the Prohibited Species Donation Program under § 679.26, or returned to Federal waters as soon as is practicable, with a minimum of injury, after an observer has determined the number of salmon and collected any scientific data or biological samples.

    Chinook Salmon Bycatch

    The pollock fishery catches more than 95 percent of the Chinook salmon taken incidentally in the BSAI groundfish fisheries, based on data from 1992 through 2014. However, this percentage has declined in recent years with the decline in the amount of Chinook salmon caught in the pollock fishery. From 1992 through 2001, the average Chinook salmon bycatch in the pollock fishery was 32,482 fish per year. Bycatch increased substantially from 2002 through 2007, to an average of 74,067 Chinook salmon per year. A historic high of approximately 122,000 Chinook salmon was taken in the pollock fishery in 2007. However, since 2007 Chinook salmon bycatch then declined substantially to an average of 15,500 Chinook salmon per year from 2008 to 2014. The decline is most likely due to a combination of factors, including changes in abundance and distribution of Chinook salmon and pollock, as well as changes in fleet behavior to avoid salmon bycatch.

    Chinook salmon taken in the pollock fishery originate from Alaska, the Pacific Northwest, and Canada. Estimates vary, but more than half of the Chinook salmon bycatch in the pollock fishery may be destined for western Alaska. Western Alaska includes the Bristol Bay, Kuskokwim, Yukon, and Norton Sound areas. Section 3.4 of the Analysis provides additional information about Chinook salmon biology, distribution, and stock assessments by river system or region (see ADDRESSES).

    Chum Salmon Bycatch

    The pollock fishery catches over 95 percent of the chum salmon taken incidentally as bycatch in the BSAI groundfish fisheries. The pollock fishery catches chum salmon almost exclusively in the B season (after June 10). The pollock fishery has caught large numbers of chum, with a historic high of approximately 700,000 chum salmon taken in 2005. Since then, bycatch levels have been quite variable, ranging from a low of 13,280 chum salmon in 2010 to a high of 309,646 chum salmon in 2006. Average chum salmon bycatch from 2006 to 2014 was 115,190 chum salmon. In 2014, the pollock fishery caught 219,428 chum salmon.

    Genetic information indicates that the majority of the chum salmon caught in the pollock fishery are of Asian origin (approximately 60 percent) while a smaller percentage (approximately 21 percent) originate from aggregate streams in western Alaska. Chum salmon from elsewhere in Alaska, the Pacific Northwest, and Canada comprise the remaining percentage of the bycatch (approximately 19 percent). While the genetics cannot differentiate hatchery-origin fish from wild Asian chum salmon, given the high proportion of Pacific Rim hatchery-released chum from Japan, much of the Asian origin chum observed in the bycatch is likely to be of Asian hatchery-origin. While Alaska chum salmon runs have indicated a history of volatility in run sizes, chum salmon stocks in Alaska are generally at higher levels of abundance than historical periods. Section 3.4 of the Analysis provides additional information about chum salmon biology, distribution, and stock assessments by river system or region (see ADDRESSES).

    Importance of Salmon in Western Alaska

    The Council and NMFS have been concerned about the potential impact of Chinook and chum salmon bycatch on returns to western Alaska given the relatively large proportion of bycatch from these river systems that occurs in the pollock fishery. Chinook salmon and chum salmon support commercial, subsistence, sport, and personal use fisheries in their regions of origin. The Alaska Board of Fisheries adopts regulations through a public process to conserve salmon and to allocate salmon to the various users. The State of Alaska Department of Fish and Game manages the salmon commercial, subsistence, sport, and personal use fisheries. The first management priority is to meet spawning escapement goals to sustain salmon resources for future generations. The next priority is for subsistence use under both State and Federal law. Salmon is a primary subsistence food in some areas. Subsistence fisheries management includes coordination with U.S. Federal agencies where Federal rules apply under the Alaska National Interest Lands Conservation Act.

    In recent years of low Chinook salmon returns, the in-river harvest of western Alaska Chinook salmon has been severely restricted and, in some cases, river systems have not met escapement goals. Surplus fish beyond escapement needs and subsistence use are made available for other uses. Commercial fishing for Chinook salmon may provide the only source of income for many people who live in remote villages. Appendix A-4 of the Analysis provides an overview of the importance of subsistence salmon harvests and commercial salmon harvests (see ADDRESSES).

    Management of Salmon Bycatch in the Bering Sea and Aleutian Islands

    Over the last 20 years, the Council and NMFS have implemented several management measures to limit salmon bycatch in the BSAI trawl fisheries. Management measures have focused on minimizing Chinook salmon bycatch, chum salmon bycatch, and non-Chinook salmon bycatch. Non-Chinook bycatch is a category that includes all salmon species except Chinook salmon, but is comprised predominantly by chum salmon.

    Most recently, NMFS implemented Amendment 84 to the FMP to address increases in Chinook salmon and non-Chinook (predominantly chum) salmon bycatch in the pollock fishery that were occurring despite PSC limits being reached and the closures of the Chinook Salmon Savings Area and Chum Salmon Savings Area (72 FR 61070, October 29, 2007) and Amendment 91 to the FMP, which implemented a program to manage Chinook salmon bycatch that provides incentives for each vessel to avoid Chinook salmon at all times (75 FR 53026, August 30, 2010).

    Amendment 84 was implemented to enhance the effectiveness of salmon bycatch measures by exempting pollock vessels from Chinook Salmon Savings Area and Chum Salmon Savings Area closures if they participate in an intercooperative agreement (ICA) to reduce salmon bycatch. The ICA allowed vessels participating in the pollock fishery to use their internal cooperative structure to reduce Chinook salmon and non-Chinook salmon bycatch using a method called the voluntary rolling hotspot system. The ICA operates in lieu of a fixed area closure and is required to identify and close areas of high salmon bycatch and move vessels to other areas. Amendment 84 required that parties to the ICA include the AFA cooperatives, the six CDQ groups, at least one third party group, including any organizations representing western Alaskans who depend on salmon and have an interest in salmon bycatch reduction, and at least one entity retained to facilitate bycatch avoidance behavior and information sharing. All AFA cooperatives and CDQ groups participate in the ICA.

    Amendment 91 removed Chinook salmon bycatch from the Amendment 84 program and established a separate program to manage Chinook salmon. Amendment 91 combined a limit on the amount of Chinook salmon that may be caught incidentally with a novel approach designed to minimize bycatch to the extent practicable in all years and prevent bycatch from reaching the limit in most years while providing the fleet the flexibility to harvest the pollock TAC.

    Amendment 91 established two PSC limits for the pollock fishery—60,000 and 47,591 Chinook salmon. Under Amendment 91, the PSC limit is 60,000 Chinook salmon if some or all of the pollock industry participates in an industry-developed contractual arrangement, called an incentive plan agreement (IPA) that establishes an incentive program to minimize bycatch at all levels of Chinook salmon abundance. Participation in an IPA is voluntary; however, any vessel or CDQ group that chooses not to participate in an IPA is subject to a restrictive opt-out allocation (also called a backstop cap). Since implementation, all AFA vessels have participated in an IPA.

    To ensure participants develop effective IPAs, participants provide the Council and NMFS annual reports that describe the efforts each IPA is taking to ensure that each vessel does its best to avoid Chinook salmon at all times while fishing for pollock and, that collectively, bycatch is minimized in each year. The IPA system is based on being flexible, responsive, and able to be tailored by each sector to fit its operational needs. The IPAs that impose rewards for avoiding Chinook salmon bycatch, and/or penalties for failure to avoid Chinook salmon bycatch at the vessel level, warrant setting the PSC limit at 60,000 Chinook salmon. While the IPAs provide an incentive to minimize bycatch in all years to a level below the limit, a limit of 60,000 Chinook salmon provides the industry the flexibility to harvest the pollock TAC in high-abundance years when bycatch is extremely difficult to avoid.

    Under Amendment 91, the 47,591 Chinook salmon PSC limit applies fleet-wide if the industry does not form any IPAs. This PSC limit was the approximate 10-year average of Chinook salmon bycatch from 1997 to 2006. The 47,591 PSC limit limits Chinook salmon bycatch in the pollock fishery if no other incentives, namely IPAs, are operating to minimize bycatch below this level.

    Both PSC limits are divided between the A and B seasons and allocated to AFA sectors, inshore cooperatives, and CDQ groups as transferable PSC allocations. Transferability of the PSC mitigates the variation in the encounter rates of salmon bycatch among sectors, inshore cooperatives, and CDQ groups, in a given season. It allows eligible participants to obtain a larger portion of the PSC allocation in order to harvest their pollock allocation or to transfer surplus PSC allocation to other entities. When a transferable PSC allocation is reached, the affected sector, inshore cooperative, or CDQ group must stop fishing for pollock for the remainder of the season even if its pollock allocation has not been fully harvested.

    The sector-level performance standard is an additional tool to ensure that the IPA is effective and that sectors do not fully harvest the Chinook salmon PSC allocations under the 60,000 Chinook salmon PSC limit in most years. For a sector to continue to receive Chinook salmon PSC allocations under the 60,000 Chinook salmon PSC limit, that sector may not exceed its annual threshold amount in any three years within seven consecutive years. If a sector fails this performance standard, it will permanently be allocated a portion of the 47,591 Chinook salmon PSC limit. The risk of bearing the potential adverse economic impacts of a reduction from the 60,000 PSC limit to the 47,591 PSC limit creates incentives for fishery participants to cooperate in an effective IPA.

    Amendment 110 Management Measures

    In April 2015, the Council recommended Amendment 110 to the FMP to create a comprehensive salmon bycatch avoidance program for the pollock fishery that works more effectively than the current salmon bycatch programs to avoid Chinook salmon bycatch and Alaska-origin chum salmon bycatch. Amendment 110 would modify the existing Chinook salmon bycatch program to make it more effective at avoiding Chinook salmon and incorporate measures to avoid chum salmon into the IPAs. In particular, the Council expressed that it remains extremely important to ensure that the Chinook salmon bycatch program is working as intended and to evaluate whether the incentives are strong in times of historically low Chinook salmon abundance. Thus the management measures included in Amendment 110 focus on retaining the incentives to avoid Chinook salmon bycatch at all levels of abundance as intended by Amendment 91.

    The Council also expressed that it remains extremely important to provide the incentives to avoid Alaska-origin chum salmon while maintaining the flexibility to avoid Chinook salmon. The Council's action is designed to consider the importance of continued production of critical chum salmon runs in western Alaska by focusing on bycatch avoidance of Alaskan chum salmon runs. These runs have indicated a history of volatility in run sizes and an historic importance in the subsistence lifestyle of Alaskans. Additional protections to other chum stocks outside of Alaska are embedded in the Council's objective to avoid the high bycatch of chum salmon overall, recognizing that most non-Alaska chum salmon are likely from Asian hatcheries.

    Amendment 110, if approved, would—

    • Incorporate chum salmon avoidance into the IPAs established under Amendment 91 to the FMP and remove the non-Chinook salmon bycatch reduction ICA program previously established under Amendment 84 to the FMP;

    • modify the requirements for the content of the IPAs to increase the incentives for fishermen to avoid Chinook salmon; and

    • reduce the Chinook salmon PSC limit and performance standard in years with low Chinook salmon abundance.

    Incorporate Chum Salmon Avoidance Into the Incentive Plan Agreements

    Currently, Chinook salmon and chum salmon bycatch are managed under two different programs (Amendment 84 and Amendment 91). This has created inefficiencies and does not allow participants in the pollock fishery the flexibility to modify their harvest patterns and practices to effectively minimize both Chinook salmon and chum salmon bycatch. Adding chum salmon measures to the IPAs would make salmon bycatch management more effective, comprehensive, and efficient by increasing flexibility to respond to changing conditions and providing greater incentives to reduce bycatch of both salmon species. The chum salmon specific requirements in the implementing regulations for Amendment 84 sometimes prevent fishery participants from making decisions to avoid Chinook salmon when the vessels are encountering both chum salmon and Chinook salmon.

    Amendment 110 would incorporate chum salmon avoidance into the IPAs established under Amendment 91. Chum salmon would no longer be managed under Amendment 84. However, Amendment 110 would maintain the current non-Chinook salmon PSC limit of 42,000 fish and the closure of the Chum Salmon Savings Area to pollock fishing when the PSC limit has been reached. Vessels that participate in an IPA would be exempt from the Chum Salmon Savings Area closure. The purpose of maintaining the non-Chinook salmon PSC limit and the Chum Salmon Savings Area closure is to provide additional incentives for vessels to join an IPA and as back-stop chum salmon measures for those vessels that choose not to participate in an IPA. Incorporating chum salmon into the IPAs meets the purpose and need for this action by providing measures to prevent high chum salmon bycatch, while allowing for participants in the pollock fishery the flexibility to avoid Alaska chum stocks and to adapt quickly to changing conditions through their coordinated management under the IPAs. In doing so, the Council intended to strike an appropriate balance between regulatory requirements and adaptive management for chum salmon bycatch.

    Modify the IPAs To Increase the Incentives To Avoid Chinook Salmon

    Amendment 110 would modify the IPAs to increase the incentives for fishermen to avoid Chinook salmon. The Council and NMFS recognize that the IPAs were effective at providing incentives for each vessel to avoid Chinook salmon, but that additional measures are necessary to address higher Chinook salmon PSC rates observed during October (the last month when the pollock fishery is authorized to operate) and to address concerns with individual vessels that consistently have significantly higher Chinook salmon PSC rates relative to other vessels fishing at the same time. The Council and NMFS wanted to ensure the use of salmon excluder devices (i.e., gear modifications that are designed to exclude salmon bycatch while retaining pollock) and a rolling hotspot program. The new provisions described below are intended to provide an opportunity for IPAs to increase their responsiveness in October, and improve performance of individual vessels.

    Reduce the Chinook Salmon Performance Standard and PSC Limit in Years of Low Chinook Salmon Abundance

    Amendment 110 would add a new lower Chinook salmon PSC limit and performance standard for the pollock fishery in years of low Chinook salmon abundance. The Council and NMFS considered a lower performance standard and PSC limit would be appropriate at low levels of Chinook salmon abundance in western Alaska to accommodate the fact that most of the Chinook salmon bycatch comes from western Alaska. These provisions work in conjunction with the change to the IPA requirements to ensure that Chinook salmon bycatch is avoided at all times, particularly at low abundance levels.

    Each year NMFS would determine whether Chinook salmon abundance was low based on information provided by the State of Alaska. Annually, the State would provide an index of abundance based on the post-season in-river Chinook salmon run size for the Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping. When this index is less than or equal to 250,000 Chinook salmon, then the new lower performance standard and low PSC limit would apply.

    In low Chinook salmon abundance years, NMFS would set the performance standard at 33,318 Chinook salmon and the PSC limit at 45,000 Chinook salmon. NMFS would publish the lower PSC limit and performance standard in the annual harvest specifications. In years when abundance is above 250,000 Chinook salmon, NMFS would manage under the current 47,591 Chinook salmon performance standard and 60,000 Chinook salmon PSC limit established under Amendment 91.

    The inclusion of a lower PSC limit and performance standard is based on the need for additional incentives to reduce bycatch when Chinook salmon stocks are critically low in order to minimize the impact of the pollock fishery on the salmon stocks. Any additional fish returning to Alaska rivers improves the ability to meet the escapement goals, which is necessary for long-term sustainability of Chinook salmon and the people reliant on salmon fisheries. While the performance standard is the operational limit in the IPAs, reducing the 60,000 PSC limit is also appropriate given the potential for decreased bycatch reduction incentives should a sector exceed its performance standard before the PSC limit is reached. The reduced PSC limit is intended to encourage vessels to avoid bycatch in years of low abundance and to set a maximum permissible PSC limit that reduces the risk of adverse impact on stocks in western Alaska during periods of low abundance.

    NMFS is soliciting public comments on proposed Amendment 110 through the end of the comment period (see DATES). NMFS intends to publish in the Federal Register and seek public comment on a proposed rule that would implement Amendment 110, following NMFS' evaluation of the proposed rule under the Magnuson-Stevens Act. All comments received by the end of the comment period on Amendment 110, whether specifically directed to the FMP amendment or the proposed rule, will be considered in the approval/disapproval decision on Amendment 110. Comments received after that date will not be considered in the approval/disapproval decision on Amendment 110. To be considered, comments must be received, not just postmarked or otherwise transmitted, by the last day of the comment period.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: January 5, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-00150 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    81 5 Friday, January 8, 2016 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2015-0096] The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service has received a petition from the Scotts Company and Monsanto Company seeking a determination of nonregulated status of creeping bentgrass designated as event ASR368, which has been genetically engineered for resistance to the herbicide glyphosate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Scotts Company and Monsanto Company petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that the Animal and Plant Health Inspection Service may determine should be considered in our evaluation of the petition.

    DATES:

    We will consider all comments that we receive on or before March 8, 2016.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2015-0096, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096 or in our reading room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    The petition is also available on the APHIS Web site at: http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under APHIS petition 15-300-01p.

    FOR FURTHER INFORMATION CONTACT:

    Dr. John Turner, Director, Environmental Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; (301) 851-3954, email: [email protected]. To obtain copies of the petition, contact Ms. Cindy Eck at (301) 851-3892, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered (GE) organisms and products are considered “regulated articles.”

    The regulations in § 340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.

    APHIS has received a petition (APHIS Petition Number 15-300-01p) from the Scotts Company of Marysville, OH, and Monsanto Company of St. Louis, MO (Scotts/Monsanto), seeking a determination of nonregulated status of creeping bentgrass (Agrostis stolonifera L.) designated as event ASR368, which has been genetically engineered for resistance to the herbicide glyphosate. The Scotts/Monsanto petition states that information collected during field trials and laboratory analyses indicates that ASR368 bentgrass is not likely to be a plant pest and therefore should not be a regulated article under APHIS' regulations in 7 CFR part 340.

    As described in the petition, ASR368 bentgrass contains the cp4 epsps gene from Agrobacterium sp. strain CP4 that confers resistance to the herbicide glyphosate. ASR368 bentgrass is currently regulated under 7 CFR part 340. Interstate movements and field tests of ASR368 bentgrass have been conducted under notifications acknowledged by APHIS.

    Field tests conducted under APHIS oversight allowed for evaluation in a natural agricultural setting while imposing measures to minimize the risk of persistence in the environment after completion of the tests. Data are gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk.

    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the Federal Register providing 60 days for public comment for petitions for a determination of nonregulated status. On March 6, 2012, we published in the Federal Register (77 FR 13258-13260, Docket No. APHIS-2011-0129) a notice 1 describing our process for soliciting public comment when considering petitions for determinations of nonregulated status for GE organisms. In that notice we indicated that APHIS would accept written comments regarding a petition once APHIS deemed it complete.

    1 To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.

    In accordance with § 340.6(d) of the regulations and our process for soliciting public input when considering petitions for determinations of nonregulated status for GE organisms, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review and comment, and copies are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments. We also request that, when possible, commenters provide relevant information regarding specific localities or regions as creeping bentgrass growth, crop management, and crop utilization may vary considerably by geographic region.

    After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. Any substantive issues identified by APHIS based on our review of the petition and our evaluation and analysis of comments will be considered in the development of our decisionmaking documents. As part of our decisionmaking process regarding a GE organism's regulatory status, APHIS prepares a plant pest risk assessment to assess its plant pest risk and the appropriate environmental documentation—either an environmental assessment (EA) or an environmental impact statement (EIS)—in accordance with the National Environmental Policy Act (NEPA), to provide the Agency with a review and analysis of any potential environmental impacts associated with the petition request. For petitions for which APHIS prepares an EA, APHIS will follow our published process for soliciting public comment (see footnote 1) and publish a separate notice in the Federal Register announcing the availability of APHIS' EA and plant pest risk assessment.

    Should APHIS determine that an EIS is necessary, APHIS will complete the NEPA EIS process in accordance with Council on Environmental Quality regulations (40 CFR part 1500-1508) and APHIS' NEPA implementing regulations (7 CFR part 372).

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 4th day of January 2016. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-00160 Filed 1-7-16; 8:45 am] BILLING CODE 3410-34-P
    CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Sunshine Act Meeting TIME AND DATE:

    January 13, 2016, 5:00 p.m. PST.

    PLACE:

    City Hall, Council Chamber, 3031 Torrance Blvd., Torrance, CA 90503.

    STATUS:

    Open to the public.

    Matters To Be Considered

    The Chemical Safety and Hazard Investigation Board (CSB) will convene a public meeting on January 13, 2016, starting at 5:00 p.m. PST at Torrance City Hall Council Chamber, 3031 Torrance Blvd., Torrance, CA 90503. The Board will discuss its investigation of the incident at the ExxonMobil Refinery on February 18, 2015. CSB Staff will present interim findings to the Board. Following the staff presentation, the Board will hear from a panel of experts on process safety management (PSM) reform in the State of California.

    Additional Information

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

    This meeting will be webcast for those who cannot attend in person. Please visit www.csb.gov for access to the live webcast.

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

    Public Comment

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

    Contact Person for Further Information

    Shauna Lawhorne, Public Affairs Specialist, [email protected] or (202) 261-7600. Further information about this public meeting can be found on the CSB Web site at: www.csb.gov.

    Dated: January 6, 2016. Kara A. Wenzel, Acting General Counsel, Chemical Safety and Hazard Investigation Board.
    [FR Doc. 2016-00298 Filed 1-6-16; 4:15 pm] BILLING CODE 6350-01-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-970] Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 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 multilayered wood flooring (“MLWF”) from the People's Republic of China (“PRC”). The period of review (“POR”) is December 1, 2013, through November 30, 2014. The review covers two mandatory respondents, Fine Furniture (Shanghai) Limited (“Fine Furniture”) and Dalian Penghong Floor Products Co., Ltd. (“Dalian Penghong”). We preliminarily find that both respondents made sales of subject merchandise at less than normal value (“NV”).

    DATES:

    Effective date: January 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Lilit Astvatsatrian or William Horn AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 and (202) 482-2615.

    SUPPLEMENTARY INFORMATION:

    Scope of the Order

    The merchandise covered by the order includes MLWF, subject to certain exceptions.1 Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United States (“HTSUS”): ”): 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.3175; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and 9801.00.2500.

    1See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance, regarding “Decision Memorandum for Preliminary Results of 2013-2014 Antidumping Duty Administrative Review: Multilayered Wood Flooring from the People's Republic of China,” (“Preliminary Decision Memorandum”), issued and dated concurrently with this notice, for a complete description of the Scope of the Order.

    While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.

    Methodology

    The Department has conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”). Export prices and constructed 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 (“NV”) has been calculated in accordance with section 773(c) of the Act.

    For a full description of the methodology underlying our conclusions, please see the Preliminary Decision Memorandum, 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. The Preliminary Decision Memorandum is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Affiliation and Collapsing

    Based on the evidence presented in Dalian Penghong's questionnaire responses, we preliminarily find (1) that Dalian Penghong is affiliated with a certain glue producer within the meaning of sections 771(33)(A), (F), and (G) of the Act; and (2) that Dalian Penghong and Dalian Shumaike Floor Manufacturing Co., Ltd. (“Shumaike”) are affiliated within the meaning of section 773(33)(F) of the Act. Additionally, we are preliminarily treating Dalian Penghong and Shumaike as a single entity for antidumping duty purposes, within the meaning of 19 CFR 351.401(f), because we find that those two affiliated companies have a high level of common ownership, production facilities for similar or identical products that would not require substantial retooling to restructure manufacturing priorities, and that there is a significant potential for manipulation of price or production.2

    2See Dalian Penghong Floor Products Co., Ltd., Preliminary Affiliation and Single Entity Memorandum dated concurrently with this Notice.

    Preliminary Results of Review

    The Department preliminarily finds that nineteen companies subject to this review did not establish eligibility for a separate rate. As such, we preliminarily determine they are part of the PRC-wide entity.3 Because no party requested a review of the PRC-wide entity and the Department no longer considers the PRC-wide entity as an exporter conditionally subject to administrative reviews,4 we did not conduct a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity is not subject to change as a result of this review.

    3 The following companies were named in the Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 6041 (February 4, 2014), but did not submit a certification of no shipment, separate rate application or separate rate certification; therefore they are part of the PRC-wide entity: Anhui Suzhou Dongda Wood Co., Ltd.; Baiying Furniture Manufacturer Co., Ltd.; Cheng Hang Wood Co., Ltd.; Dalian Huilong Wooden Products Co., Ltd.; Dalian Jiuyuan Wood Industry Co., Ltd.; Fu Lik Timber (HK) Co., Ltd.; Guangzhou Homebon Timber Manufacturing Co., Ltd.; HaiLin XinCheng Wooden Products, Ltd.; Hangzhou Dazhuang Floor Co., Ltd (dba Dasso Industrial Group Co., Ltd); Linyi Anying Wood Co., Ltd.; Qingdao Barry Flooring Co., Ltd. (Qingdao Barry); Shanghai Anxin (Weiguang) Timber Co., Ltd.; Vicwood Industry (Suzhou) Co., Ltd.; Xiamen Yung De Ornament Co., Ltd.; Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.; Zhejiang AnJi XinFeng Bamboo & Wood Industry Co., Ltd.; Zhejiang Desheng Wood Industry Co., Ltd.; Zhejiang Haoyun Wooden Co., Ltd.; and Zhejiang Shiyou Timber Co., Ltd. We note that Qingdao Barry is currently subject to a new shipper review that covers the same POR as this administrative review. The only sale(s) made by Qingdao Barry during that period are being reviewed in the new shipper review. As a result, the Department may rescind this administrative review as to Qingdao Barry in the final results if there are no reviewable entries that remain subject to this administrative review.

    4See 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, 65969-70 (November 4, 2013).

    For companies subject to this review that have established their entitlement to a separate rate, the Department preliminarily determines that the following weighted-average dumping margins exist for the POR from December 1, 2013, through November 30, 2014: 5

    5 In addition to the companies listed in the table, certain companies certified that they did not ship subject merchandise to the United States during the POR. The Department confirmed these certifications of no shipments with U.S. Customs and Border Protection (“CBP”); therefore, the following companies will maintain their rate from the most recent segment in which they participated: Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd.; Dalian T-Boom Wood Products Co., Ltd.; Hangzhou Zhengtian Industrial Co., Ltd.; Jiangsu Guyu International Trading Co., Ltd.; Jiangsu Mingle Flooring Co., Ltd.; Linyi Bonn Flooring Manufacturing Co., Ltd.; Shanghai Eswell Timber Co., Ltd.; Shenyang Senwang Wooden Industry Co., Ltd.; Tongxiang Jisheng Import and Export Co., Ltd.; and Zhejiang Fuerjia Wooden Co., Ltd.

    Exporter Weighted-average dumping margin Fine Furniture (Shanghai) Limited 13.34 Dalian Penghong Floor Products Co., Ltd/Dalian Shumaike Floor Manufacturing Co., Ltd 6 0.00 A&W (Shanghai) Woods Co., Ltd 13.34 Anhui Longhua Bamboo Product Co., Ltd 13.34 Armstrong Wood Products (Kunshan) Co., Ltd 13.34 Baishan Huafeng Wood Product Co., Ltd 13.34 Benxi Wood Company 13.34 Changzhou Hawd Flooring Co., Ltd 13.34 Chinafloors Timber (China) Co., Ltd 13.34 Dalian Dajen Wood Co., Ltd 13.34 Dalian Huade Wood Product Co., Ltd 13.34 Dalian Kemian Wood Industry Co., Ltd 13.34 Dalian Xinjinghua Wood Co., Ltd 13.34 Dasso Industrial Group Co., Ltd 13.34 Dongtai Fuan Universal Dynamics, LLC 13.34 Dunhua City Dexin Wood Industry Co., Ltd 13.34 Dunhua City Hongyuan Wood Industry Co., Ltd 13.34 Dun Hua City Jisen Wood Industry Co., Ltd 13.34 Dunhua City Wanrong Wood Industry Co., Ltd 13.34 Dun Hua Sen Tai Wood Co., Ltd 13.34 Dunhua Shengda Wood Industry Co., Ltd 13.34 Fusong Jinlong Wooden Group Co., Ltd 13.34 Fusong Qianqiu Wooden Product Co., Ltd 13.34 GTP International Ltd 13.34 Guangdong Yihua Timber Industry Co., Ltd 13.34 Guangzhou Panyu Kangda Board Co., Ltd 13.34 Guangzhou Panyu Southern Star Co., Ltd 13.34 HaiLin LinJing Wooden Products, Ltd 13.34 Hangzhou Hanje Tec Co., Ltd 13.34 Henan Xingwangjia Technology Co., Ltd 13.34 Hunchun Forest Wolf Wooden Industry Co., Ltd 13.34 Hunchun Xingjia Wooden Flooring Inc 13.34 Huzhou Chenghang Wood Co., Ltd 13.34 Huzhou Fulinmen Imp. & Exp. Co., Ltd 13.34 Huzhou Fuma Wood Co., Ltd 7 13.34 Huzhou Jesonwood Co., Ltd 13.34 Huzhou Ruifeng Imp. & Exp. Co., Ltd 13.34 Huzhou Sunergy World Trade Co., Ltd 13.34 Jiafeng Wood (Suzhou) Co., Ltd 8 13.34 Jiangsu Senmao Bamboo and Wood Industry Co., Ltd 13.34 Jiangsu Simba Flooring Co., Ltd 13.34 Jiangsu Yuhui International Trade Co., Ltd 13.34 Jiashan HuiJiaLe Decoration Material Co., Ltd 13.34 Jiaxing Hengtong Wood Co., Ltd 13.34 Jilin Forest Industry Jinqiao Flooring Group Co., Ltd 13.34 Jilin Xinyuan Wooden Industry Co., Ltd 13.34 Karly Wood Product Limited 13.34 Kemian Wood Industry (Kunshan) Co., Ltd 13.34 Les Planchers Mercier, Inc 13.34 Linyi Youyou Wood Co., Ltd 13.34 MuDanJiang Bosen Wood Industry Co., Ltd 13.34 Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd 13.34 Nanjing Minglin Wooden Industry Co., Ltd 13.34 Ningbo Tianyi Bamboo & Wood Products Co., Ltd 13.34 Pinge Timber Manufacturing (Zhejiang) Co., Ltd 13.34 Power Dekor Group Co., Ltd 13.34 Puli Trading Limited 13.34 Shanghai Lairunde Wood Co., Ltd 13.34 Shanghai Lizhong Wood Products Co., Ltd/The Lizhong Wood Industry Limited Company of Shanghai 9 13.34 Shanghai New Sihe Wood Co., Ltd 13.34 Shanghai Shenlin Corporation 13.34 Shenyang Haobainian Wooden Co., Ltd 13.34 Shenzhenshi Huanwei Woods Co., Ltd 13.34 Sino-Maple (JiangSu) Co., Ltd 13.34 Suzhou Dongda Wood Co., Ltd 13.34 Xuzhou Antop International Trade Co., Ltd 13.34 Xuzhou Shenghe Wood Co., Ltd 13.34 Yekalon Industry, Inc 13.34 Yixing Lion-King Timber Industry Co., Ltd 13.34 Zhejiang Biyork Wood Co., Ltd 13.34 Zhejiang Dadongwu Green Home Wood Co., Ltd 13.34 Zhejiang Fudeli Timber Industry Co., Ltd 13.34 Zhejiang Fuma Warm Technology Co., Ltd 13.34 Zhejiang Longsen Lumbering Co., Ltd 13.34 Zhejiang Shuimojiangnan New Material Technology Co., Ltd 13.34

    6 We note that the record reflects that Dalian Penghong and Shumaike were not affiliated until April 2014 (i.e., approximately 4 months into the POR). Because the record does not support treating Dalian Penghong as a single entity with Shumaike prior to the date of affiliation (i.e., April 2014), separate assessment rates will apply for the period from 11/30/2013 through 3/31/2014. In particular, the assessment rate for any entries by Shumaike will be 13.34 percent (the rate applicable to unexamined separate rate companies) and the assessment rate for any entries by Dalian Penghong will be 0.00.

    7 On July 13, 2015, the Department determined that Zhejiang Fuma Warm Technology Co., Ltd. is the successor-in-interest to Huzhou Fuma Wood Co., Ltd. See Multilayered Wood Flooring From the People's Republic of China: Final Results of Changed Circumstances Review, 80 FR 39998 (July 13, 2015). Because Huzhou Fuma Wood Co., Ltd. no longer exists as a legal entity, the rate assigned to Huzhou Fuma Wood Co., Ltd. will apply for assessment purposes only.

    8 On November 16, 2015, the Department determined that Sino-Maple (JiangSu) Co., Ltd. is the successor-in-interest to Jiafeng Wood (Suzhou) Co., Ltd. See Multilayered Wood Flooring From the People's Republic of China: Final Results of Changed Circumstances Review, 80 FR 70756 (November 16, 2015). Because Jiafeng Wood (Suzhou) Co., Ltd. no longer exists as a legal entity, the rate assigned to Jiafeng Wood (Suzhou) Co., Ltd. will apply for assessment purposes only.

    9 On September 30, 2014, the Department determined that Linyi Youyou Wood Co., Ltd. is the successor-in-interest to Shanghai Lizhong Wood Products Co., Ltd./The Lizhong Wood Industry Limited Company of Shanghai. See Multilayered Wood Flooring From the People's Republic of China: Final Results of Changed Circumstances Review, 79 FR 58740 (September 30, 2014). Because Shanghai Lizhong Wood Products Co., Ltd./The Lizhong Wood Industry Limited Company of Shanghai no longer exists as a legal entity, the rate assigned to Shanghai Lizhong Wood Products Co., Ltd./The Lizhong Wood Industry Limited Company of Shanghai will apply for assessment purposes only.

    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.10 Interested parties may submit a case brief no later than 30 days after the date of publication of these preliminary results of review.11 Rebuttal briefs may be filed no later than five days after the deadline for filing case briefs and may respond only to arguments raised in the case briefs.12 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department.13 This summary should be limited to five pages total, including footnotes. 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, within 30 days after the date of publication of this notice.14 Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the 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 to be determined.15 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    10See 19 CFR 351.224(b).

    11See 19 CFR 351.309(c)(1)(ii).

    12See 19 CFR 351.309(d).

    13See 19 CFR 351.309(c)(2) and (d)(2).

    14See 19 CFR 351.310(c).

    15See 19 CFR 351.310(d).

    All submissions, with limited exceptions, must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by 5 p.m. Eastern Time (“ET”) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET on the due date.16

    16See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Unless extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.17 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate an importer- (or customer-) specific assessment rate on the basis of the ratio of the total amount of antidumping duties calculated for the importer's examined sales and the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). In these preliminary results, the Department applied the assessment rate calculation method adopted in the Final Modification for Reviews. 18 Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer- (or customer-) specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.19 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the current rate for the PRC-wide entity (which, as noted above, is not subject to change in this review).

    17See 19 CFR 351.212(b)(1).

    18See Antidumping Proceeding Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) (“Final Modification for Reviews”).

    19See 19 CFR 351.106(c)(2).

    On October 24, 2011, the Department announced a refinement to its assessment practice in NME antidumping duty cases.20 Pursuant to this refinement in practice, for merchandise that was not reported in the U.S. sales databases submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter's cash deposit rate), the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, pursuant to this refinement, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the PRC-wide rate.

    20See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice.

    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 the companies listed above the cash deposit rate will be their respective rate established in the final results of this review, except if the rate is zero or de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero; (2) for previously investigated PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which 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 also 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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: December 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Review 4. Extension of Preliminary Results 5. Scope of the Order 6. Selection of Respondents 7. Non-Market Economy Country 8. Separate Rate 9. Surrogate Country and Surrogate Value Data 10. Date of Sale 11. Fair Value Comparisons 12. Affiliation and Single Entity Status 13. U.S. Price 14. Value Added Tax 15. Normal Value 16. Factor Valuations 17. Adjustment Under Section 777(A)(f) of the Act 18. Currency Conversion 19. Recommendation
    [FR Doc. 2016-00180 Filed 1-7-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-560-823, A-570-958] Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia and the People's Republic of China: Final Results of Expedited First Sunset Reviews of the Antidumping Duty Orders AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    As a result of these sunset reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty orders on certain coated paper suitable for high-quality print graphics using sheet-fed presses (coated paper) from Indonesia and the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Reviews” section of this notice.

    DATES:

    Effective date: January 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Terre Keaton Stefanova or Brian Smith, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1280 or (202) 482-1766, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On November 17, 2010, the Department published the antidumping duty orders on coated paper from Indonesia and the PRC.1 On October 1, 2015, the Department published the notice of initiation of the first sunset reviews of the antidumping duty orders on coated paper from Indonesia and the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On October 14, 2015, the Department received a Notice of Intent to Participate in these reviews from Verso Corporation (Verso), S.D. Warren Company d/b/a Sappi North America (Sappi), Appleton Coated LLC (Appleton) and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW) (collectively, “the petitioners”), within the deadline specified in 19 CFR 351.218(d)(1)(i). Verso, Sappi and Appleton claimed interested party status under section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v), as domestic producers of a domestic like product in the United States. USW claimed interested party status under section 771(9)(D) of the Act and 19 CFR 351.102(b)(29)(vi), as a certified union or recognized union that represents workers engaged in the manufacturing of a domestic like product in the United States. On October 30, 2015, we received complete substantive responses from the petitioners within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no substantive responses from any respondent interested parties. 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 expedited (120-day) sunset reviews of these orders.

    1See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From Indonesia: Antidumping Duty Order, 75 FR 70205 (November 17, 2010); and Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 70203 (November 17, 2010) (Orders).

    2See Initiation of Five-Year (“Sunset”) Reviews, 80 FR 59133 (October 1, 2015).

    3See October 30, 2015, filings from the petitioners regarding “1st Sunset Review of Antidumping Order on Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia: Substantive Response to Notice of Initiation” (Indonesia Substantive Response), and 1st Sunset Review of Antidumping Order on Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China: Substantive Response to Notice of Initiation (PRC Substantive Response).

    Scope of the Orders

    The merchandise subject to these orders is coated paper. The merchandise subject to these orders are provided for under subheadings: 4810.14.11, 4810.14.1900, 4810.14.2010, 4810.14.2090, 4810.14.5000, 4810.14.6000, 4810.14.70, 4810.19.1100, 4810.19.1900, 4810.19.2010, 4810.19.2090, 4810.22.1000, 4810.22.50, 4810.22.6000, 4810.22.70, 4810.29.1000, 4810.29.5000, 4810.29.6000, 4810.29.70, 4810.32, 4810.39 and 4810.92 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of these orders is dispositive.4

    4 A full description of the scope of these orders 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, “Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders on Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from Indonesia and the People's Republic of China” (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice.

    Analysis of Comments Received

    All issues raised in these reviews, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the orders were revoked, are addressed in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty orders on coated paper from Indonesia and the PRC would be likely to lead to continuation or recurrence of dumping up to the following weighted-average margin percentages:

    Country Weighted-
  • average
  • margin
  • (percent)
  • Indonesia 20.13 PRC 135.84
    Notification to Interested Parties

    This notice serves as the only reminder to parties subject to an 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, 19 CFR 351.218 and 19 CFR 351.221(c)(5)(ii).

    Dated: January 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues A. Likelihood of Continuation or Recurrence of Dumping B. Magnitude of the Margins Likely To Prevail VII. Final Results of Sunset Reviews VIII. Recommendation
    [FR Doc. 2016-00179 Filed 1-7-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-980] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2013; and Partial Rescission of Countervailing Duty Administrative Review AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the Department) is conducting the second administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (PRC). The period of review (POR) is January 1, 2013, through December 31, 2013. We preliminarily determine that JA Solar Technology Yangzhou Co., Ltd. and its cross-owned affiliates, including JingAo Solar Co., Ltd. and Shanghai JA Solar Technology Co., Ltd., (collectively, JA Solar) received countervailable subsidies during the POR. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective date: January 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Cynthia Baker or Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6251, and (202) 482-3586, respectively.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise subject to the CVD order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials. A full description of the scope of the order is contained in the Department memorandum, “Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China; 2013,” dated concurrently with this notice (Preliminary Decision Memorandum) and hereby adopted by this notice.

    The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, located in Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://www.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content.

    Methodology

    The Department is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient) and that the subsidy is specific.1 For a full description of the methodology underlying all of the Department's conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.

    1See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity.

    A list of topics discussed in the Preliminary Decision Memorandum is provided at Appendix I to this notice.

    Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. For those companies named in the Initiation Notice2 for which all review requests were timely withdrawn, we are rescinding this administrative review in accordance with 19 CFR 351.213(d)(1). These companies are listed at Appendix II to this notice. For these companies, countervailing duties shall be assessed at rates equal to the rates of cash deposits for estimated countervailing duties required at the time of entry, or withdrawn from warehouse, for consumption, during the period January 1, 2013, through December 31, 2013, in accordance with 19 CFR 351.212(c)(2).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 6041 (February 4, 2015) (Initiation Notice).

    Companies Not Selected for Individual Review

    There are two companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents: Changzhou Trina Solar Energy Co., Ltd. (Trina Solar) and Wuxi Suntech Power Co., Ltd. (Suntech).3 Because JA Solar is the sole mandatory respondent, we assigned to Trina Solar and Suntech, the rate calculated for JA Solar.

    3 We note that untimely requests for withdrawal of review were also submitted on behalf of Shanghai JA Solar Technology Co., Ltd., and JingAo Solar Co., Ltd. However, we have preliminarily determined that these companies are cross-owned with the mandatory respondent, JA Solar Technology Yangzhou Co., Ltd., under 19 CFR 351.525(b)(6)(vi), and are, thereby, subject to the review. See Preliminary Decision Memorandum.

    4 Cross-owned affiliates are: JingAo Solar Co., Ltd.; JA Solar Technology Yangzhou Co., Ltd.; Jing Hai Yang Semiconductor Material (Donghai) Co., Ltd.; Donghai JA Solar Technology Co., Ltd.; JA (Hefei) Renewable Energy Co., Ltd. (JA Hefei); Hefei JA Solar Technology Co., Ltd.; Solar Silicon Valley Electronic Science and Technology Co., Ltd.; Hebei Ningjin Songgong Semiconductor Co., Ltd.; Shanghai JA Solar Technology Co., Ltd.; Ningjin Songgong Electronic Materials Co., Ltd.; JingLong Industry and Commerce Group Co., Ltd.; Ningjin Guiguang Electronic Investment Co., Ltd (Ningjin Guiguang); Yangguang Guifeng Electronic Technology Co., Ltd.; Ninjing Jingxing Electronic Materials Co., Ltd.; Ningjin Saimei Ganglong Electronic Materials Co., Ltd.; Jingwei Electronic Material Co., Ltd.; Ningjin Changlong Electronic Materials Manufacturing Co.; Ningjin Jingfeng Electronic Materials Co., Ltd.; Ningjin County Jingyuan New Energy Investment Co., Ltd. (Ninjing County Jingyuan); Xingtai Jinglong Electronic Materials Co., Ltd.; Hebei Yujing Electronic Science and Technology Co., Ltd.; Hebei Ningtong Electronic Materials Co., Ltd.; and Ningjing Sunshine New Energy Co., Ltd. See Preliminary Decision Memorandum.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the countervailable subsidy rates to be:

    Company Subsidy rate (percent) JA Solar Technology Yangzhou Co., Ltd. and its cross-owned affiliates 4 19.62 percent. Changzhou Trina Solar Energy Co., Ltd 19.62 percent. Wuxi Suntech Power Co., Ltd 19.62 percent. Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in reaching 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, rebuttal briefs, and hearing requests.5 For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum.

    5See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, we intend to issue the final results of this administrative review, including the results of our analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice.

    Assessment Rates

    Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Instructions

    Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 31, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Subsidies Valuation IV. Use of Facts Otherwise Available and Adverse Inferences V. Analysis of Programs VI. Verification VII. Disclosure and Public Comment VIII. Conclusion Appendix II—Rescinded Companies 1. Yingli Energy (China) Company Limited 2. Yingli Green Energy Holding Company Limited 3. Baoding Tianwei Yingli New Energy Resources Co., Ltd. 4. Baoding Jiasheng Photovoltaic Technology Co. Ltd. 5. Beijing Tianneng Yingli New Energy Resources Co. Ltd. 6. Hainan Yingli New Energy Resources Co., Ltd. 7. Hengshui Yingli New Energy Resources Co., Ltd. 8. Lixian Yingli New Energy Resources Co., Ltd. 9. Tianjin Yingli New Energy Resources Co., Ltd. 10. Yingli Green Energy International Trading Company Limited 11. Yingli Green Energy Americas, Inc. 12. Era Solar Co., Ltd. 13. Canadian Solar, Inc. 14. Canadian Solar International Limited 15. Canadian Solar Manufacturing (Changshu) Inc. 16. Canadian Solar Manufacturing (Luoyang) Inc. 17. Canadian Solar (USA) Inc. 18. CSG PVTech Co., Ltd. 19. Changzhou NESL Solartech Co., Ltd. 20. DelSolar Co., Ltd. 21. Dongfang Electric (Yixing) MAGI Solar Power Technology Co., Ltd. 22. ET Solar Energy Limited 23. Hengdian Group DMEGC Magnetics Co., Ltd. 24. Himin Clean Energy Holdings Co., Ltd. 25. Innovosolar 26. Jiawei Solarchina Co., Ltd. 27. Jinko Solar Co., Ltd. 28. Jinko Solar Import and Export Co, Ltd. 29. Jinko Solar International Limited 30. Jiangsu Green Power PV Co., Ltd. 31. Jiangsu Sunlink PV Technology Co., Ltd. 32. Konca Solar Cell Co., Ltd. 33. Kuttler Automation Systems (Suzhou) Co., Ltd. 34. LDK Solar Hi-Tech (Suzhou) Co., Ltd. 35. LDK Solar Hi-Tech (Nanchang) Co., Ltd. 36. Lightway Green New Energy Co., Ltd. 37. Leye Photovoltaic Science Tech. 38. Magi Solar Technology 39. Motech (Suzhou) Renewable Energy Co., Ltd. 40. Ningbo ETDZ Holdings, Ltd. 41. Ningbo Ulica Solar Science & Technology Co., Ltd. 42. Perlight Solar Co., Ltd. 43. ReneSola J iangsu Ltd. 44. Renesola Zhejiang Ltd. 45. Sumec Hardware & Tools Co., Ltd. 46. Solarbest Energy-Tech (Zhejiang) Co., Ltd. 47. Shenglong PV-Tech 48. ShunFeng PV 49. Sopray Energy Co., Ltd. 50. Luoyang Suntech Power Co., Ltd. 51. Suntech Power Co., Ltd. 52. Shenzhen Suntech Power Co., Ltd. 53. Suzhou Shenglong PV-Tech Co., Ltd. 54. Tianwei New Energy (Chengdu) PV Module Co., Ltd. 55. Upsolar Group, Co. Ltd. 56. Wanxiang Import & Export Co., Ltd. 57. Yangzhou Rietech Renewal Energy Co., Ltd. 58. Yangzhou Suntech Power Co., Ltd. 59. Wuxi Sunshine Power Co., Ltd. 60. Zhiheng Solar Inc. 61. Zhejiang ZG-Cells Co., Ltd. 62. Zhejiang Xinshun Guangfu Science and Technology Co., Ltd. 63. Zhejiang Jiutai New Energy Co., Ltd. 64. Zhejiang Shuqimeng Photovoltaic Technology Co., Ltd. 65. Zhenjiang Rietech New Energy Science & Technology Co., Ltd. 66. Trina Solar (Changzhou) Science & Technology Co., Ltd. 67. tenKsolar (Shanghai) Co., Ltd. 68. Shanghai BYD Company Limited 69. BYD (Shangluo) Industrial Co., Ltd. 70. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
    [FR Doc. 2016-00182 Filed 1-7-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Vessel Monitoring System Requirements under the Western and Central Pacific Fisheries Convention.

    OMB Control Number: 0648-0596.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 23.

    Average Hours per Response: VMS unit purchase and installation, 1 hr; activation reports, 5 min; on/off reports, 5 min; VMS unit maintenance, 1 hr.

    Burden Hours: 57.

    Needs and Uses: This request is for an extension of a currently approved information collection. National Marine Fisheries Service (NMFS) has issued regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFCIA; 16 U.S.C. 6901 et seq.) to carry out the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), including implementing the decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission). The regulations include a requirement for the owners and operators of U.S. vessels that fish for highly migratory species on the high seas in the Convention Area to carry and operate near real-time satellite-based position-fixing transmitters (“VMS units”) at all times except when the vessel is in port. As part of this requirement, vessel owners and operators must transmit: (1) “on/off reports” to NMFS whenever the VMS unit is turned off while the vessel is in port, (2) “activation reports” to NMFS prior to the first use of a VMS unit, and (3) automatic “position reports” from the VMS unit to NOAA and the Commission as part of a vessel monitoring system (VMS) operated by the Commission (50 CFR 300.45). Under this information collection, it is expected that vessel owners and operators would also need to purchase, install, and occasionally maintain the VMS units.

    The information collected from the vessel position reports is used by NOAA and the Commission to help ensure compliance with domestic laws and the Commission's conservation and management measures, and are necessary in order to the United Stated to satisfy its obligations under the Convention.

    Affected Public: Business or other for-profit organizations.

    Frequency: Annually and on occasion.

    Respondent's Obligation: Mandatory.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] omb.eop.gov or fax to (202) 395-5806.

    Dated: January 5, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-00146 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Socioeconomics of Commercial Fishers and For Hire Diving and Fishing Operations in the Flower Garden Banks National Marine Sanctuary 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 March 8, 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. Vernon R. Leeworthy (240) 533-0647 or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for reinstatement with change of a currently approved information collection.

    The National Marine Sanctuaries Act (16 U.S.C. 1431, et seq.) authorizes the use of research and monitoring within National Marine Sanctuaries (NMS). In 1996, the Flower Gardens Bank National Marine Sanctuary (FGBNMS) was added to the system of NMS via 15 CFR part 922, subpart L. In 2001, Stetson Bank was added in a revision of 15 CFR part 922.

    The National Marine Sanctuaries Act (NMSA) specifies that each NMS should revise their management plans on a five-year cycle. The FGBNMS has begun the management plan review process. The NMSA also allows for the creation of Sanctuary Advisory Councils (SACs). SACs are comprised of representatives of all NMS stakeholders. Management Plan Review (MPR) is a public process and the SACs, along with a series of public meetings, are used to help scope out issues in revising the management plans and regulations. SAC Working Groups are often used to evaluate management or regulatory alternatives. In the current MPR for the FGBNMS, two major issues have emerged: Boundary expansion and research-only areas. In addition, several new or modified regulations are being considered to meet specific needs for diver safety and resource protection (no anchoring/mooring buoy use requirement and a more stringent pollution discharge regulation).

    To address each one these issues, a socioeconomic panel composed of NOAA staff and social scientists from other agencies, or from universities, developed information and tools to assess the socioeconomic impacts of management strategies and regulatory alternatives. The information and tools developed in this process will also provide the necessary information for meeting agency requirements for socioeconomic impact analyses under the National Environmental Policy Act (NEPA), Executive Order 12086 (Regulatory Impact Review) and an Initial and Final Regulatory Flexibility Analyses (impacts on small businesses). Our initial plan, as the first step in the assessment process, was to interview three key sanctuary user groups—commercial fishers, for-hire recreational dive operations and for-hire recreational fishing operations (charter and party/head boat operations)—with questions focusing on: (1) General information, economic information and trip costs and (2) knowledge, attitudes and perceptions of sanctuary management strategies and regulations.

    In 2011-2012, the for-hire dive and fishing industry interviews were completed. The commercial fisheries interviews were completed in 2013.

    The FGBNMS management and SAC now want to evaluate moving the scope of boundary expansion eastward; this will require us to gather the same information for the three user groups in areas east of the original data collection.

    II. Method of Collection

    Interviews will be conducted face-to-face and recorded on paper forms.

    III. Data

    OMB Control Number: 0648-0597.

    Form Number: None.

    Type of Review: Regular submission (reinstatement with change of a currently approved collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 27.

    Estimated Time per Response: Three hours per interview.

    Estimated Total Annual Burden Hours: 81.

    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: January 4, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-00145 Filed 1-7-16; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE391 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ).

    DATES:

    The meeting will be held on Monday, Tuesday, Wednesday, and Thursday, January 25-28, 2016, starting at 8:30 a.m. daily.

    ADDRESSES:

    The meeting will be held at the Perdido Beach Resort, 27200 Perdido Beach Boulevard, Orange Beach, AL 36561; telephone: (251) 981-9811.

    Council address: Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607; telephone: (813) 348-1630.

    FOR FURTHER INFORMATION CONTACT:

    Douglas Gregory, Executive Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630.

    SUPPLEMENTARY INFORMATION:

    Agenda Monday, January 25, 2016; 8:30 a.m.-5 p.m.

    The Gulf Council will begin with updates and presentations from management committees. The Joint Administrative Policy & Budget Management Committee will review the Ad Hoc Advisory Panels and appointment terms. Under other business, the committee will hear an update on the Advisory Panel background checks by the Gulf States. The Data Collection Committee will receive a presentation on transition considerations for Charter Vessel Electronic Reporting, review Final Action—Electronic Charter Vessel Reporting Amendment and public comments. The Shrimp Management Committee will discuss final action on Shrimp Amendment 17A—Addressing the Expiration of the Shrimp Permit Moratorium. They will receive a summary from the public hearings and written comments; review draft codified text; and have a discussion on NOAA's Turtle Excluder Device (TED) Enforcement Boarding Form. After lunch, the Reef Fish Management Committee will review the Scientific and Statistical Committee (SSC) Summary Report, and discuss Draft Reef Fish Amendment 43—To Add West Florida Hogfish Stock to Fishery Management Unit (FMU) and establish Annual Catch Limits (ACL). They will also review a draft framework action to modify gear restrictions for yellowtail snapper; review the scoping document for Amendment 33—Reef Fish Limited Access Privilege Program, and discuss Amendment 36—Red Snapper Individual Fishing Quotas (IFQ) Modifications.

    Tuesday, January 26, 2016; 8:30 a.m.-5 p.m.

    The Reef Fish Management Committee will discuss taking final action on Reef Fish Amendment 39—Regional Management of Recreational Red Snapper; and, review draft Amendment 41—Red Snapper Management for Federally Permitted Charter Vessels and draft Amendment 42—Federal Reef Fish Headboat Management. After lunch, the committee will discuss draft Options—Red Snapper Recreational annual catch target (ACT) Adjustment and National Marine Fisheries Service (NMFS) season projection and probability methodology. The Reef Fish Management Committee will discuss gray triggerfish acceptable biological catch (ABC) recommendations and provide guidance to staff on the rebuilding plan parameters. Finally, the Reef Fish Management Committee will discuss the Ad Hoc Private Recreational Advisory Panel, and review any other business.

    Wednesday, January 27, 2016; 8:30 a.m.-5:30 p.m.

    The Mackerel Management Committee will review the Joint Public Hearing Draft for Coastal Migratory Pelagics (CMP) Amendment 26—Changes in Allocations, Stock Boundaries and Sale Provisions for Gulf of Mexico and Atlantic Migratory Groups of King Mackerel; and review the CMP Advisory Panel recommendations.

    The Full Council will convene mid-morning with a Call to Order, Announcements and Introductions; Adoption of Agenda and Approval of Minutes; and review Exempt Fishing Permit (EFPs) Applications, if any. The Council will then receive presentations on Landing Summaries, Illegal Unreported and Unregulated Fishing and Seafood Traceability, and NOAA's Catch Share Review Guidelines. After lunch, the Council will receive public testimony (1:30 p.m.-5:30 p.m.) on Final Action Reef Fish Amendment 39—Regional Management of Recreational Red Snapper, Final Action Generic Electronic Charter Vessel Reporting Amendment, and for Final Action Shrimp Amendment 17A—Addressing the Expiration of the Shrimp Permit Moratorium; and hold an open public comment period regarding any other fishery issues or concern. People wishing to speak before the Council should complete a public comment card prior to the comment period.

    Thursday, January 28, 2016; 8:30 a.m.-4 p.m.

    The Council will receive committee reports from the Administrative Policy/Budget, Mackerel, Data Collection, Shrimp, and Reef Fish Management Committees; and, vote on Exempted Fishing Permits (EFP) applications, if any. Lastly, the Council will discuss Other Business items; and receive summary reports from supporting agencies: South Atlantic Council, Gulf States Marine Fisheries Commission, U.S. Coast Guard, U.S. Fish and Wildlife Service, and Department of State.

    Meeting Adjourns

    The timing and order in which agenda items are addressed may change as required to effectively address the issue. The latest version will be posted on the Council's file server, which can be accessed by going to the Council's Web site at http://www.gulfcouncil.org and clicking on FTP Server under Quick Links. For meeting materials, select the “Briefing Books/Briefing Book 2016-01” folder on Gulf Council file server. The username and password are both “gulfguest”. The meetings will be webcast over the internet. A link to the webcast will be available on the Council's Web site, http://www.gulfcouncil.org.

    Although other non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subjects of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided that the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira (see ADDRESSES) at least 5 days prior to the meeting date.

    Dated: January 5, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-00140 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE386 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council, NEFMC) will hold a three-day meeting to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

    DATES:

    The meeting will be held on Tuesday, Wednesday and Thursday, January 26, 27, and 28, 2016, starting at 9 a.m. on January 26, and at 8:30 a.m. on both January 27 and 28.

    ADDRESSES:

    The meeting will be held at the Sheraton Portsmouth Harborside Hotel, 250 Market Street, Portsmouth, NH 03801; telephone: (603) 431-2300, or online at www.sheratonportsmouth.com/.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone: (978) 465-0492.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492, ext. 113.

    SUPPLEMENTARY INFORMATION:

    Agenda Tuesday, January 26, 2016

    After introductions and any announcements, the Council meeting will open with brief reports from the NEFMC Chairman and Executive Director, the NOAA Regional Administrator for the Greater Atlantic Region, Northeast Fisheries Science Center and Mid-Atlantic Fishery Management Council liaisons, NOAA General Counsel and Office of Law Enforcement representatives, and staff from the Atlantic States Marine Fisheries Commission and the U.S Coast Guard. Following these reports, the Council will receive an update on plans for a February sea scallop workshop being held to explore concerns about inshore scallop fishing in the Northeast. Next, the public will have an opportunity to make brief comments on items that are relevant to Council business but otherwise not listed on the published agenda.

    Following a lunch break, the Council's Risk Policy Working Group will provide an update on finalizing what is being termed a “roadmap” that contains guidance on the implementation of the NEFMC's recently approved risk policy. The Atlantic Herring Committee will then provide a briefing on the following: (a) The development of Amendment 8 to the Atlantic Herring Fishery Management Plan (FMP), an action that will the focus on long-term harvest strategies for Atlantic herring, including an acceptable biological catch control rule that explicitly accounts for herring's role in the ecosystem, and the issue of localized depletion; (b) revising the Georges Bank haddock catch cap accountability measure through a framework adjustment to the Herring FMP; and (c) the use of portside data in river herring/shad catch cap monitoring.

    Wednesday, January 27, 2016

    The second day of the meeting will begin with an overview to be provided by NOAA Fisheries on its Fishery Dependent Data Project, to be followed by a Council and public comments on the topic. The Observer Policy Committee will report on its development of an Industry-Funded Monitoring Amendment (IFM). At this meeting, the committee will review a draft environmental assessment and select preferred alternatives for the omnibus elements of the action for purposes of public review. They include: Standard cost responsibilities, framework provisions for IFM programs, service provider requirements, a prioritization process to allocate federal funding, and a monitoring set-aside option. The Council is expected to select preferred alternatives for the herring and mackerel alternatives in this draft amendment at its April 2016 meeting.

    After a lunch break, the Scientific and Statistical Committee (SSC) will present its recommendations, if any, for a revised overfishing limit and an acceptable biological catch for witch flounder for fishing years 2016-18. The Council will receive an update on additional topics discussed by the SSC at their January 20 meeting, as appropriate. During the Groundfish Committee's report, the Council expects to take final action on the 2016-18 fishery specifications for witch flounder and receive an update on the development of measures to address its the 2016 groundfish priorities. These include potential changes to the at-sea monitoring program and the management process for recreational fishing. The day will conclude with a review of NOAA's Draft Catch Share Guidance document and approval of NEFMC comments on the draft.

    Thursday, January 28, 2015

    The final meeting day will begin with an overview of the Northeast Regional Planning Body's (RPB) Regional Ocean Plan, followed by Council discussion of the plan and other work products developed by the RPB. The Small Mesh Multispecies Committee will present an overview of the scoping comments received for Amendment 22 to the Northeast Multispecies FMP and ask for approval of the range of issues to be addressed in the action. The major topic under consideration is the development of a limited access program for the small mesh fishery, which is comprised of whiting (silver and offshore hake) and red hake. The Council also will consider Northeast Regional Coordinating Council-recommended changes to the Stock Assessment Workshop/Stock Assessment Review Committee process. The Council meeting will adjourn after its members address any other outstanding Council business.

    Although other non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided that the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies (see ADDRESSES) at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: January 5, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-00141 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE387 South Atlantic Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of Public Hearings/Scoping and Advisory Panel Meeting.

    SUMMARY:

    The South Atlantic Fishery Management Council (SAFMC) will hold a series of public hearings/scoping meetings pertaining to Amendments 41 and 37 to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic, and Atlantic Generic Charterboat/Headboat Reporting Amendment, and Amendment 26 to the Coastal Migratory Pelagic (mackerel) Fishery Management Plan for the Gulf of Mexico and South Atlantic. Scoping comments will be accepted for Snapper Grouper Amendment 41 addressing management measures for mutton snapper. Public Hearings will be held for Snapper Grouper Amendment 37 pertaining to management measures for hogfish, the Atlantic Charterboat/Headboat Reporting Amendment, and Mackerel Amendment 26 addressing management measures for king mackerel in the Gulf of Mexico and South Atlantic. Note that the Florida Fish and Wildlife Conservation Commission (FWC) will solicit public input on mutton snapper management measures for Florida State waters during selected public hearing/scoping meetings held in Florida (see DATES and SUPPLEMENTARY INFORMATION). The Council will also hold a meeting of its Mackerel Advisory Panel in conjunction with the public hearing/scoping meeting scheduled in Cocoa Beach, FL.

    DATES:

    The series of public hearings/scoping meetings will be held from January 25-February 8, 2016. The public hearing/scoping meetings will be held from 4 p.m. until 7 p.m. with the exception of the public hearing/scoping meeting in Morehead City that will begin at 5 p.m. and a public hearing via webinar that will begin at 6 p.m. The meeting of the Mackerel Advisory Panel will be held from 12 p.m. until 4 p.m. on February 3, 2016 in Cocoa Beach, FL. See SUPPLEMENTARY INFORMATION.

    Registration is required for the public hearing/scoping meeting via webinar. Registration information will be posted on the SAFMC Web site at www.safmc.net as it becomes available.

    ADDRESSES:

    See SUPPLEMENTARY INFORMATION for specific meeting locations.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Kim Iverson, Public Information Officer, SAFMC; phone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The public hearing/scoping meetings will be held on the following dates and locations:

    1. January 25, 2016—Richmond Hill City Center, 520 Cedar Street, Richmond Hill, GA 31324; phone: (912) 445-0043.

    2. January 26, 2016—Hilton Garden Inn Charleston Airport, 5265 International Boulevard, North Charleston, SC 29418; phone: (843) 308-9330.

    3. January 27, 2016—Murrells Inlet Community Center, 4450 Murrells Inlet Road, Murrells Inlet, SC 29576; phone: (843) 651-7373.

    4. January 28, 2016—NC Division of Marine Fisheries, Central District Office, 5285 Highway 70 West, Morehead City, NC 28557; phone: (252) 726-7021.

    5. February 1, 2016—Hilton Garden Inn, 180 SW 18th Avenue, Dania Beach, FL 33004; phone: (954) 924-9204. This hearing will be held in conjunction with FWC.

    6. February 2, 2016—Hawks Cay Resort, 61 Hawks Cay Blvd., Duck Key, FL 33050; phone: (305) 743-7000. This hearing will be held in conjunction with FWC.

    7. February 3, 2016—Marriott Beachside Hotel, 3841 N. Roosevelt Blvd., Key West, FL 33040; phone: (305) 296-8100. This hearing will be held in conjunction with FWC.

    8. February 3, 2016—International Palms Resort & Conference Center, 1300 North A1A, Cocoa Beach, FL 32931; phone: (321) 783-2271. A meeting of the Council's King and Spanish Mackerel Advisory Panel will be held in conjunction with this public hearing.

    9. February 8, 2016—Public hearings via webinar beginning at 6 p.m. for the Atlantic Charter/For-Hire Reporting Amendment and Coastal Migratory Pelagic Amendment 26.

    The Council is soliciting public scoping comments on proposed measures in Amendment 41 to the Snapper Grouper FMP addressing mutton snapper. The measures are based on a recent stock assessment for mutton snapper and include specifying the Maximum Sustainable Yield (MSY), Maximum Stock Size Threshold (MSST), revising the Annual Catch Limit (ACL) and Optimum Yield (OY) and recreational Annual Catch Target. The amendment also includes options to modify the recreational bag limit.

    Public hearings are being held for the following amendments:

    1. Atlantic Generic Charter/For-Hire Reporting Amendment to the South Atlantic Snapper Grouper, Atlantic Dolphin Wahoo and Coastal Migratory Pelagic fisheries. The amendment includes actions to require mandatory electronic reporting for charter (six-pack) vessels and modifies existing reporting requirements for headboats. The reporting requirements would affect vessels involved in the South Atlantic Snapper Grouper fishery, Dolphin Wahoo fishery, and Coastal Migratory Pelagic fishery along the Atlantic coast.

    2. Amendment 37 to the Snapper Grouper FMP addressing hogfish. The amendment includes actions to modify the management boundary between the South Atlantic and Gulf of Mexico, establish two separate stocks in the South Atlantic with a “Georgia/North Carolina” stock and a “Florida Keys/East Florida” stock for management purposes, specify the MSY, MSST, ACLs and ACTs for both stocks and establish a rebuilding plan for the Florida Keys/East Florida stock. The rebuilding plan includes measures to increase the minimum size limit, establish a commercial trip limit, reduce the recreational bag limit, and establish a recreational fishing season. The amendment would also establish Accountability Measures for both stocks.

    3. Coastal Migratory Pelagic Amendment 26 addresses management measures for Atlantic and Gulf of Mexico king mackerel. Actions in the amendment include modifying the management/stock boundary for Gulf and Atlantic migratory groups of king mackerel, updating the biological reference points and revising the ABC, OY, ACLs and recreational ACT for Atlantic Group king mackerel, creating an incidental catch allowance of Atlantic group king mackerel caught in the shark gillnet fishery, establishing split season commercial quotas for harvest of Atlantic group king mackerel in the Southern Zone, and establishing boundaries and trip limits for a [new] Florida East Coast management zone for Atlantic group king mackerel. The amendment includes the following actions specific to Gulf group king mackerel: Update biological reference points and revise the ACL, revise the commercial zone quotas, revise the recreational and commercial allocation, and modify recreational bag limit.

    Mackerel Advisory Panel Meeting

    The Council will hold a meeting of its King and Spanish Mackerel Advisory Panel in conjunction with the public hearing scheduled for February 3, 2016, from 12 p.m. until 4 p.m. The advisory panel will review Coastal Migratory Pelagic Amendment 26 and the Atlantic Generic For-Hire/Charterboat Reporting Amendment and provide recommendations.

    Written comments on the amendments may be directed to Gregg Waugh, Executive Director, SAFMC (see ADDRESSES) or via email to: [email protected] Note that email comments should specify the name of the specific amendment(s) in the Subject Line of the email according to the comment being submitted. Public hearing and scoping comments for the amendments will be accepted until 5 p.m. on February 10, 2016. Copies of the public hearing documents for each amendment will be posted on the Council's Web site at www.safmc.net when they become available.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: January 5, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-00142 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Fisheries Certificate of Origin 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 March 8, 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 Daniel Studt, (562) 980-4073, or [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for an extension of a current information collection.

    The information required by the International Dolphin Conservation Program Act, amendment to the Marine Mammal Protection Act, is needed to: (1) Document the dolphin-safe status of tuna import shipments; (2) verify that import shipments of fish were not harvested by large scale, high seas driftnets; and (3) verify that tuna was not harvested by an embargoed nation or one that is otherwise prohibited from exporting tuna to the United States. Forms are submitted by importers and processors.

    II. Method of Collection

    Respondents have a choice of either electronic or paper forms. Methods of submittal include a secure file transfer protocol Web site for electronic forms, or postal mail.

    III. Data

    OMB Control Number: 0648-0335.

    Form Number(s): NOAA Form 370.

    Type of Review: Regular submission (extension of a current information collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 430.

    Estimated Time per Response: 25 minutes.

    Estimated Total Annual Burden Hours: 5,417.

    Estimated Total Annual Cost to Public: $4,745.

    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: January 4, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-00144 Filed 1-7-16; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Addition AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Addition to the Procurement List.

    SUMMARY:

    This action adds a service to the Procurement List that will be provided by nonprofit agency employing persons who are blind or have other severe disabilities.

    DATES:

    Effective: February 7, 2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected].

    SUPPLEMENTARY INFORMATION: Addition

    On 11/20/2015 (80 FR 72710-72711), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed additions to the Procurement List.

    After consideration of the material presented to it concerning capability of qualified nonprofit agencies to furnish the service and impact of the addition on the current or most recent contractors, the Committee has determined that the service listed below is suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will provide the service to the Government.

    2. The action will result in authorizing small entities to provide the service to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the service proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following service is added to the Procurement List:

    Service:

    Service Type: Custodial Service Service is Mandatory For: U.S. Air Force, Area C, Wright Patterson Air Force Base, OH Mandatory Source(s) of Supply: Goodwill Easter Seals Miami Valley, Dayton, OH Contracting Activity: FA8601 AFLCMC PZIO, Wright Patterson AFB, OH Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-00197 Filed 1-7-16; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Additions and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Additions to and Deletions from the Procurement List.

    SUMMARY:

    This action adds services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products from the Procurement List previously furnished by such agencies.

    DATES:

    Effective Date: 2/7/2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    Additions

    On 1/16/2015 (80 FR 2400-2401) and 10/2/2015 (80 FR 59740-59741, the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List.

    After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the services and impact of the additions on the current or most recent contractors, the Committee has determined that the services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will provide the services to the Government.

    2. The action will result in authorizing small entities to provide the services to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the services proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following services are added to the Procurement List:

    Services Service Type: Custodial Service Service is Mandatory For: DoDEA, Domestic Dependent Elementary and Secondary Schools: Andersen Elementary and Middle Schools, Andersen AFB, 1600 Ponape Avenue, Yigo, GU District Superintendent's Office, Naval Hospital Base, 101 Johnson Road, Agana Heights, GU Guam High School, Naval Hospital Base, 401 Stitt Street, Agana Heights, GU Commander William C. McCool Elementary/Middle School, US Naval Base Guam, 311 Amaryllis Avenue, Sumay, GU Mandatory Source(s) Of Supply: iCAN Resources, Inc., Dededo, GU Contracting Activity: Dept of Defense Education Activity (DODEA), DODDS Pacific Director's Office APO, AP Service Type: Furniture Design and Configuration Service Service is Mandatory For: Rhode Island National Guard, 330 Camp Street, Providence, RI Mandatory Source(s) Of Supply: Industries for the Blind, Inc., West Allis, WI Contracting Activity: Dept of the Army, W7NY USPFO Activity RI ARNG East, Greenwich, RI Deletions

    On 12/4/2015 (80 FR 75857-75858), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List.

    After consideration of the relevant matter presented, the Committee has determined that the products listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.

    2. The action may result in authorizing small entities to furnish the products to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the products deleted from the Procurement List.

    End of Certification

    Accordingly, the following products are deleted from the Procurement List:

    Products NSN(s)—Product Name(s): 5340-01-218-8346—Bracket, Angle, Aviation Mandatory Source(s) of Supply: Herkimer County Chapter, NYSARC, Herkimer, NY Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 4935-00-824-5469—Strap Set, Webbing Mandatory Source(s) of Supply: Huntsville Rehabilitation Foundation, Huntsville, AL Contracting Activity: Defense Logistics Agency Troop Support NSN(s)—Product Name(s): 6545-00-139-3671—Kit, Survival, 6545-01-521-8530—Kit, Survival Mandatory Source(s) of Supply: Opportunity Resources, Inc., Missoula, MT Contracting Activity: Defense Logistics Agency Troop Support
    Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-00152 Filed 1-7-16; 8:45 am] BILLING CODE 6353-01-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Addition and Deletions AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Proposed Addition to and Deletions from the Procurement List.

    SUMMARY:

    The Committee is proposing to add a product to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities, and deletes products previously furnished by such agencies.

    Comments Must Be Received on or Before: 2/7/2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.

    FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.

    Addition

    If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice will be required to procure the product listed below from the nonprofit agency employing persons who are blind or have other severe disabilities.

    The following product is proposed for addition to the Procurement List for production by the nonprofit agency listed:

    Product NSN(s)—Product Name(s): MR 381—Gift Box, Sweet Treat, Christmas Mandatory Source(s) of Supply: Winston-Salem Industries for the Blind, Inc., Winston-Salem, NC Mandatory Purchase For: Military commissaries and exchanges in accordance with the Code of Federal Regulations, Chapter 51, 51-6.4. Contracting Activity: Defense Commissary Agency Distribution: C-List Deletions

    The following products are proposed for deletion from the Procurement List:

    Products NSN(s)—Product Name(s): 7510-01-600-8033—Dated 2015 18-month Paper Wall Planner, 24″ × 37″ 7510-01-600-8044—Dated 2015 12-Month 2-Sided Laminated Wall Planner, 24″ × 37″ Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who Are Blind or Visually Impaired, Chicago, IL Contracting Activity: General Services Administration, FSS Household and Industrial Furniture, Arlington, VA NSN(s)—Product Name(s): 7510-01-600-7560—Monthly Wall Calendar, Dated 2015, Jan-Dec, 8-1/2″×11″ 7530-01-600-7569—Daily Desk Planner, Dated 2015, Wire bound, Non-refillable, Black Cover 7510-01-600-7574—Wall Calendar, Dated 2015, Wire Bound w/Hanger, 12″ × 17″ 7530-01-600-7603—Monthly Desk Planner, Dated 2015, Wire Bound, Non-refillable, Black Cover 7530-01-600-7613—Weekly Desk Planner, Dated 2015, Wire Bound, Non-refillable, Black Cover 7530-01-600-7628—Weekly Planner Book, Dated 2015, 5″ × 8″ 7510-01-600-7631—Wall Calendar, Dated 2015, Wire Bound w/hanger, 15.5″ × 22″ Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who Are Blind or Visually Impaired, Chicago, IL Contracting Activity: General Services Administration, New York, NY NSN(s)—Product Name(s): 4240-00-803-5839—Bag, Waterproof Mandatory Source(s) of Supply: Winston-Salem Industries for the Blind, Inc., Winston-Salem, NC Contracting Activity: W40M Northern Region Contract Ofc, Fort Belvoir, VA
    Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-00151 Filed 1-7-16; 8:45 am] BILLING CODE 6353-01-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 16-10] 36(b)(1) Arms Sales Notification AGENCY:

    Department of Defense, Defense Security Cooperation Agency.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Sarah A. Ragan or Heather N. Harwell, DSCA/LMO, (703) 604-1546/(703) 607-5339.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 16-10 with attached Policy Justification.

    Dated: January 5, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN08JA16.004 BILLING CODE 5001-06-C Transmittal No. 16-10 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Australia

    (ii) Total Estimated Value:

    Major Defense Equipment* $105 million Other $ 75 million Total $180 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:

    Major Defense Equipment (MDE): Three (3) CH-47F Chinook Helicopters Six (6) T55-GA-714A Aircraft Turbine Engines Three (3) Force XXI Battle Command, Brigade & Below (FBCB2)/Blue Force Tracker (BFT) Three (3) Common Missile Warning Systems (CMWS) Three (3) Honeywell H-764 Embedded Global Positioning/Inertial Navigation Systems Three (3) Infrared Signature Suppression Systems

    This request also includes the following Non-Major Defense Equipment; AN/APX-123A Identification Friend or Foe (IFF) Transponders, Defense Advanced Global Positioning System (GPS) Receiver (DAGR), AN/ARC-201D SINCGARS Airborne Radio Systems, AN/ARC-220 High Frequency Airborne Communication Systems, AN/ARC-231(V)(C) Airborne VHF/UHF/LOS SATCOM Communications Systems, KY-100 Secure Communication Systems, KIV-77 Common IFF Cryptographic Computers, AN/AVS-6 Aviator's Night Vision Systems, AN/ARN-147 Very High Frequency (VHF) Omni Ranging/Instrument Landing System Receiver, AN/PYQ-10(C) Simple Key Loaders, AN/ARN-153 Tactical Airborne Navigation (TACAN) System, Spare Parts, Tools, Ground Support Equipment, Technical Publications, Contractor and U.S. Government Technical Services.

    (iv) Military Department: Army, VAF

    (v) Prior Related Cases, if any: UDK—$353M—May 2010

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Annex attached

    (viii) Date Report Delivered to Congress: 18 DEC 2015

    *as defined in Section 47(6) of the Arms Export Control Act.

    Policy Justification Australia—CH-47F—Aircraft

    The Government of Australia has requested a possible sale of:

    Major Defense Equipment (MDE): Three (3) CH-47F Chinook Helicopters Six (6) T55-GA-714A Aircraft Turbine Engines Three (3) Force XXI Battle Command, Brigade & Below (FBCB2)/Blue Force Tracker (BFT) Three (3) Common Missile Warning Systems (CMWS) Three (3) Honeywell H-764 Embedded Global Positioning/Inertial Navigation Systems Three (3) Infrared Signature Suppression Systems

    This request also includes the following Non-Major Defense Equipment; AN/APX-123A Identification Friend or Foe (IFF) Transponders, Defense Advanced Global Positioning System (GPS) Receiver (DAGR), AN/ARC-201D SINCGARS Airborne Radio Systems, AN/ARC-220 High Frequency Airborne Communication Systems, AN/ARC-231(V)(C) Airborne VHF/UHF/LOS SATCOM Communications Systems, KY-100 Secure Communication Systems, KIV-77 Common IFF Cryptographic Computers, AN/AVS-6 Aviator's Night Vision Systems, AN/ARN-147 Very High Frequency (VHF) Omni Ranging/Instrument Landing System Receiver, AN/PYQ-10(C) Simple Key Loaders, AN/ARN-153 Tactical Airborne Navigation (TACAN) System, Spare Parts, Tools, Ground Support Equipment, Technical Publications, Contractor and U.S. Government Technical Services.

    The total estimated value of MDE is $105 million. The total overall estimated value is $180 million.

    This proposed sale will enhance the foreign policy and national security objectives of the United States by helping to improve the security of a strategic partner which has been, and continues to be an important force for political stability and economic progress within the Pacific region and globally.

    The proposed sale of the CH-47F aircraft will improve Australia's heavy lift capability. Australia will use the enhanced capability to strengthen its homeland defense and deter regional threats. The CH-47F aircraft will replace Australia's retiring CH-47D aircraft. Australia will have no difficulty absorbing these aircraft into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    The principal contractor will be the Boeing Helicopter Company of Philadelphia, Pennsylvania. There are no known offset agreements at this time associated with this proposed sale.

    Implementation of this sale will not require the assignment of any additional U.S. or contractor representatives to Australia.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 16-10 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology

    1. The CH-47F aircraft, which includes two T55-GA-714A engines, has been identified as Major Defense Equipment (MDE). The CH-47F is a medium lift, newly manufactured rotary winged aircraft. The CH-47F has the Common Avionics Architecture System (CAAS) cockpit, which provides aircraft system, flight, mission, and communication management systems. The Navigation System will have two Embedded GPS/INS (EGIs), two Digital Advanced Flight Control System (DAFCS), one ARN-149 Automatic Direction Finder, one ARN-147 (VOR/ILS marker Beacon System), one ARN-153 TACAN, two air data computers, one Radar Altimeter system. The communications suite is as follows: Two each AN/ARC-231 Multi-mode radios, and two each AN/ARC-201D SINCGARS radios. The Identification Friend or Foe (IFF) will be the APX-123A, which provides the additional functionality of Mode 5 capability. Aircraft survivability equipment (ASE) will not be provided on this LOA. Support and fielding for the CH-47Fs and installed CAAS would require one copy of technical documentation, along with a Contractor Field Representative.

    2. The AN/APX-123A, Identification Friend or Foe (IFF) Transponder is a space diversity transponder and is installed on several military platforms. When installed in conjunction with platform antennas and the Remote Control Unit (RCU) (or other appropriate control unit), the transponder provides identification, altitude and surveillance reporting in response to interrogations from airborne, ground-based and/or surface interrogators. The transponder provides operational capabilities for Mark XII IFF capabilities of Modes 1, 2, 3/A, C, 4, 5 capable and Mode S (levels 1, 2, and 3 capable). Additionally, the AN/APX-123A also provides automated ID, position and latitude of the aircraft, and unencrypted Automatic Dependent Surveillance Broadcast (ADS-B) and is compatible with the Traffic Alert and Collision Avoidance System (TCAS) II equipment. The AN/APX-123A is classified SECRET when loaded with software.

    3. The AN/ARC-201D is a tactical airborne military VHF radio system consisting of Receiver-Transmitter, Radio RT-1478D/ARC-201D(V), Battery Box CY-8515/ARC-201(V) and; Mounting Base MT-7101/ARC-201D(V). This radio system is capable of secure COMSEC, anti-jam, voice and data communications in any of 2320 channels and two frequency-hopping (FH) modes. The radio is interconnected and interoperated with the aircraft's MIL-STD-1553B bus controller equipment. The AN/ARC-201D is classified SECRET when loaded with software.

    4. The AN/ARC-220 is a multifunctional, fully digital signal processing (DSP) high frequency (HF) radio intended for airborne applications. Advanced communications features made possible by DSP technology include embedded Automatic Link Establishment (ALE), Serial Tone Data Modem, and Anti-jam Electronic Counter-Counter Measures (ECCM) functions. The AN/ARC-220 Advanced HF Aircraft Communications System is applicable for a variety of tactical rotary-wing and fixed-wing airborne applications. In addition to offering enhanced voice communications capabilities, the AN/ARC-220 is an advanced data communications system capable of providing reliable digital connectivity. The AN/ARC-220 is classified SECRET when loaded with software.

    5. The AN/ARC-231(V)(C) is a secure communication system that provides Line-of-Sight (LOS) communications and Beyond Line-of-Sight (BLOS) satellite communications (SATCOM), as well Voice and data communications capabilities. In addition to Satellite Communications, the AN/ARC-231(V)(C) provides Secure/Electronic CounterCounter Measures (ECCM) communications Single Channel Ground and Airborne System (SINCGARS) and HAVE QUICK (HQ) waveforms. The AN/ARC-231(V)(C) is classified SECRET when loaded with software.

    6. The TSEC KY-100 is COMSEC equipment that has sensitive technology and is classified SECRET if software fill is installed. A separate case with NSA would be required to procure this equipment. The KY-100 is classified SECRET when loaded with software.

    7. Blue Force Tracker—Aviation (BFT-A) within the Force XXI Battle Command Brigade & Below program, BFT-AVN is a network system with varied configurations utilizing integrated UHF/VHF/FM voice/data communications and GPS positioning data that allow integration into various Army, joint, and coalition rotary and fixed-wing aircraft types. The system provides commanders, staffs, and other key personnel situational awareness of aviation assets, including Unmanned Aerial Vehicles. With BFT-AVN, aircrews are able to view positions of friendly forces as well as enemy locations. The system also enables rapid, dynamic tasking and re-tasking of those assets to accomplish aviation missions in complex environments. Another key capability of BFT-AVN is the ability to send and receive data and messages beyond line-of-sight, overcoming the communication challenges of distance and terrain. The BFT-A is UNCLASSIFIED.

    Note: The following items are not identified in the CH-47F Security Classification Guide and sensitive technology classification could not be determined. Therefore the assumption is that they may contain sensitive technology.

    8. The Embedded GPS/INS (EGI) unit CN-1689-(H-764GU) contains sensitive GPS technology. The EGI+429 is a self-contained, all-attitude navigation system providing outputs of linear and angular acceleration, linear and angular velocity, position, attitude (roll, pitch), platform azimuth, magnetic and true heading, altitude, body angular rates, time tags, and Universal Time Coordinated (UTC) synchronized time. The EGI is UNCLASSIFIED/Missile Technology Regime (MTCR) Controlled.

    9. The AN/ARN-149, Automatic Direction Finder (ADF) Receiver, is a low frequency radio that provides automatic compass bearing on any radio signal within the frequency range of 100 to 2199.5 kHz as well as navigation where a commercial AM broadcast signal is the only available navigation aid. The AN/ARN-149 is UNCLASSIFIED.

    10. The AN/ARN-153, Tactical Airborne Navigation (TACAN) System, is a full featured navigational system that supports four modes of operation: receive mode; transmit receive mode; air-to-air receive mode; and air-to-air transmit-receive mode. The ARN-153 is UNCLASSIFIED.

    11. The AN/ARN-147, Very High Frequency (VHF) Omni Ranging/Instrument Landing System Receiver that provides internal MIL-STD-1553B capability and is MIL-E-5400 class II qualified. The ARN-147 is UNCLASSIFIED.

    12. The KIV-77, is a Common Crypto Applique for Identification, Friend or Foe (IFF) that provides Mode 4/5 capability. The KIV-77 is SECRET when loaded with software.

    13. The AN/PYQ-10 (C) Simple Key Loader (SKL) is a ruggedized, portable, hand-held fill device used for securely receiving, storing, and transferring electronic key material and data between compatible end cryptographic units (ECU) and communications equipment. The AN/PYQ-10(C) is SECRET when loaded with software.

    14. The ramifications of this technology in the hands of an adversary are severe. Should a fill device or cryptographic asset with the accompanying radio system become compromised, it would enable an adversary to intercept our communications, both verbal and encrypted until the COMSEC keys were changed.

    15. A determination has been made that the recipient country can provide the same degree of protection for the sensitive technology being released as the U.S. Government. This sale is necessary in furtherance of the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    16. All defense articles and services listed in this transmittal have been authorized for release and export to the Government of Australia.

    [FR Doc. 2016-00148 Filed 1-7-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 0A-16] 36(b)(5)(C) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(5)(C) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Sarah A. Ragan or Heather N. Harwell, DSCA/LMO, (703) 604-1546/(703) 607-5339.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 0A-16 with attached Policy Justification.

    Dated: January 4, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. EN08JA16.002 BILLING CODE 5001-06-P Transmittal No. 0A-16 REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY OR CAPABILITY (SEC. 36(B)(5)(C), AECA)

    (i) Purchaser: Government of Qatar

    (ii) Sec. 36(b)(l), AECA Transmittal No.: 13-33

    Date: 29 July 2013

    Military Department: Air Force

    (iii) Description: On 29 July 2013, Congress was notified by Congressional certification transmittal number 13-33, of the possible sale under Section 36(b)(l) of the Arms Export Control Act of one (1) AN/FPS-132 Block 5 Early Warning Radar (EWR) to include a Prime Mission Equipment package; technical and support facilities; communication equipment; encryption devices; spare and repair parts; support and test equipment, publications and technical documentation; personnel training and training equipment; U.S. Government and contractor engineering, technical, and logistics support services; and related elements of logistics and program support. The estimated total cost was $1.2 billion. Major Defense Equipment (MDE) constituted $800 million of the total.

    This transmittal reports the replacement of the original AN/FPS-132 Block 5 EWR with the AN/FPS-132 Block 15 EWR. The Block 15 EWR has an increased maximum range. Upgrading the status of this equipment will result in an estimated net increase in MDE cost of $800 million. The revised estimated total value is $2 billion, with the revised MDE value constituting $1.6 billion of this new total.

    (iv) Significance: The EWR will be a component of Qatar's planned air and missile defense system, which includes the Terminal High Altitude Area Defense (THAAD) and Patriot missile defense systems. The EWR will provide sensor data and advanced warning of incoming missiles. The Block 15 system employs three electronically steered phased array radar faces to provide 360 degree azimuth coverage. The Block 15 system is also capable of reporting airborne tracks.

    (v) Justification: This proposed sale contributes to the foreign policy and national security of the United States by helping to improve the security of a friendly country. Qatar is an important force for political stability and economic progress in the Persian Gulf region. This proposed sale strengthens U.S. efforts to promote regional stability by enhancing the defense to a key United States ally. The proposed sale strengthens Qatar's capability to counter current and future threats in the region and reduce dependence on United States forces. Qatar should have no difficulty integrating this radar into its defense systems.

    (vi) Date Report Delivered to Congress: 08 DEC 2015

    (vii) Sensitivity of Technology:

    1. The AN/FPS-132 Block 15 supports Missile Defense, Space Situational Awareness, and Missile Warning mission areas. The Block 15 system employs 3 electronically steered phased array radar faces to provide 360 degree azimuth coverage. The Block 15 system is capable of detecting ballistic missiles up to a maximum range of 5,000 km. The AN/FPS-132 Block 15 hardware is UNCLASSIFIED. The AN/FPS-132 Block 15 software and the data produced are classified SECRET REL QATAR.

    2. If a technologically advanced adversary were to obtain knowledge of the specific hardware or software in this proposed sale, the information could be used to develop countermeasures that might reduce system effectiveness or be used in the development of a system with similar or advanced capabilities.

    [FR Doc. 2016-00110 Filed 1-7-16; 8:45 am] BILLING CODE 5001-06-C
    DEPARTMENT OF DEFENSE Office of the Secretary Notification of an Open Meeting of the National Defense University Board of Visitors (BOV) AGENCY:

    National Defense University, DoD.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Defense University Board of Visitors (BOV) will take place.

    DATES:

    The meeting will be held on Thursday, January 28, 2016 from 12:00 p.m. to 4:30 p.m. and will continue on Friday, January 29, 2016, from 8:00 a.m. to 11:15 a.m.

    ADDRESSES:

    The Board of Visitors meeting will be held at Marshall Hall, Building 62, Room 155B, the National Defense University, 300 5th Avenue SW., Fort McNair, Washington, DC 20319-5066.

    FOR FURTHER INFORMATION CONTACT:

    The point of contact for this notice of open meeting is Ms. Joycelyn Stevens at (202) 685-0079, Fax (202) 685-3920 or [email protected].

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150. Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public.

    The future agenda will include discussion on accreditation compliance, organizational management, strategic planning, resource management, and other matters of interest to the National Defense University. Limited space made available for observers will be allocated on a first come, first served basis. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, written statements to the committee may be submitted to the committee at any time or in response to a stated planned meeting agenda by FAX or email to the point of contact person listed in FOR FURTHER INFORMATION CONTACT. (Subject Line: Comment/Statement to the NDU BOV).

    Dated: January 5, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-00193 Filed 1-7-16; 8:45 a.m.] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 0B-16] 36(b)(5)(C) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of a section 36(b)(5)(C) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

    FOR FURTHER INFORMATION CONTACT:

    Sarah A. Ragan or Heather N. Harwell, DSCA/LMO, (703) 604-1546/(703) 607-5339.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 0B-16 with attached Policy Justification.

    Dated: January 5, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P EN08JA16.003 Transmittal No. 0B-16 REPORT OF ENHANCEMENT OR UPGRADE OF SENSITIVITY OF TECHNOLOGY OR CAPABILITY (SEC. 36(B)(5)(C), AECA)

    (i) Purchaser: Government of India

    (ii) Sec. 36(b)(l), AECA Transmittal No.: 11-44

    Date: 26 October 2011

    Military Department: Air Force

    (iii) Description: On 26 October 2011, Congress was notified by Congressional certification transmittal number 11-44, of the possible sale under Section 36(b)(1) of the Arms Export Control Act of 6 Lockheed Martin C-130J United States Air Force (USAF) baseline aircraft including: USAF baseline equipment, 6 Rolls Royce AE 2100D3 spare engines, 8 AN/AAR-47 Missile Warning Systems (two spares), 8 AN/ALR-56M Advanced Radar Warning Receivers (two spares), 8 AN/ALE-47 Counter-Measures Dispensing Systems (two spares), 8 AAQ-22 Star SAFIRE III Special Operations Suites (two spares), 8 ARC-210 Radios (non-COMSEC), and 3200 Flare Cartridges. Also included are spare and repair parts, configuration updates, communications security equipment and radios, integration studies, support equipment, publications and technical documentation, technical services, personnel training and training equipment, foreign liaison office support, Field Service Representatives' services, U.S. Government and contractor engineering and logistics personnel services, and other related elements of logistics support. The estimated Major Defense Equipment (MDE) was $650 million, non-MDE was $550 million, with a total estimated cost of $1.2 billion.

    This transmittal reports the inclusion of the following quantity of items:

    Major Defense Equipment: one (1) Lockheed Martin C-130J USAF baseline aircraft with four (4) Rolls Royce AE 2100D3 engines.

    Non-MDE: one (1) AN/AAR-47 Missile Warning System, one (1) AN/ALR-56M Advanced Radar Warning Receiver, one (1) AN/ALE-47 Counter-Measures Dispensing System, one (1) AAQ-22 Star SAFIRE III Special Operations Suite, and one (1) ARC-210 Radio (non-COMSEC).

    Adding an additional aircraft to this case results in a net MDE increase of $107 million, and a non-MDE increase of $29 million. The revised estimated total value is $1.336 billion, with the revised MDE value constituting $757 million of this new total.

    (iv) Significance: The Government of India has requested the purchase of an additional C-130J aircraft. India purchased six (6) C-130J aircraft in 2008. In April 2014, one (1) of the six (6) original aircraft was lost in a crash. The potential sale of one (1) additional C-130J allows India to replace the lost aircraft.

    (v) Justification: This proposed sale will contribute to the foreign policy and national security of the United States by helping to strengthen the U.S.-India strategic relationship and to improve the capabilities of a major South Asian partner which has been, and continues to be, an important force for economic progress and stability in South Asia. The proposed sale provides India with additional airlift capability for military transport, humanitarian assistance, and disaster relief.

    (vi) Date Report Delivered to Congress: 02 DEC 2015

    [FR Doc. 2016-00115 Filed 1-7-16; 8:45 am] BILLING CODE 5001-06-C
    DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sunshine Act Notice AGENCY:

    Defense Nuclear Facilities Safety Board.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    Pursuant to the provisions of the Government in the Sunshine Act (5 U.S.C. 552b), and the Defense Nuclear Facilities Safety Board's (Board) regulations implementing the Government in the Sunshine Act, notice is hereby given of the Board's closed meeting described below.

    DATES:

    2:00 p.m.-3:00 p.m., January 27, 2016.

    ADDRESSES:

    Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Washington, DC 20004.

    FOR FURTHER INFORMATION CONTACT:

    Mark Welch, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004-2901, (800) 788-4016. This is a toll-free number.

    SUPPLEMENTARY INFORMATION:

    The meeting will be closed to the public. No participation from the public will be considered during the meeting.

    Status

    Closed. During the closed meeting, the Board Members will discuss issues dealing with potential Recommendations to the Secretary of Energy. The Board is invoking the exemption to close a meeting described in 5 U.S.C. 552b(c)(3) and (9)(B) and 10 CFR 1704.4(c) and (h). The Board has determined that it is necessary to close the meeting since conducting an open meeting is likely to disclose matters that are specifically exempted from disclosure by statute, and/or be likely to significantly frustrate implementation of a proposed agency action. In this case, the deliberations will pertain to potential Board Recommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of Energy or the President, respectively.

    MATTERS TO BE CONSIDERED:

    The meeting will proceed in accordance with the closed meeting agenda which is posted on the Board's public Web site at www.dnfsb.gov. Technical staff may present information to the Board. The Board Members are expected to conduct deliberations regarding potential Recommendations to the Secretary of Energy.

    Dated: January 6, 2016. Joyce L. Connery, Chairman.
    [FR Doc. 2016-00315 Filed 1-6-16; 4:15 pm] BILLING CODE 3670-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0003] Agency Information Collection Activities; Comment Request; Loan Cancellation in the Federal Perkins Loan Program AGENCY:

    Federal Student Aid (FSA), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before March 8, 2016.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2016-ICCD-0003. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 2E103, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Loan Cancellation in the Federal Perkins Loan Program.

    OMB Control Number: 1845-0100.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: Individuals or Households, Private Sector, State, Local and Tribal Government.

    Total Estimated Number of Annual Responses: 116,872.

    Total Estimated Number of Annual Burden Hours: 43,832.

    Abstract: This is a request for an extension of the OMB approval for the record-keeping requirements contained in 34 CFR 674.53, 674.56, 674.57, 674.58 and 674.59. The information collections in these regulations are necessary to determine Federal Perkins Loan (Perkins Loan) Program borrower's eligibility to receive program benefits and to prevent fraud and abuse of program funds.

    Dated: January 5, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-00138 Filed 1-7-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ16-6-000] City of Colton, California; Notice of Filing

    Take notice that on December 24, 2015, City of Colton, California submitted its tariff filing: City of Colton 2015 Transmission Revenue Balancing Account Adjustment and Existing Transmission Contracts Update to be effective 1/1/2016.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 14, 2016.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00099 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-500-000] Trans-Pecos Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed Presidio Border Crossing Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an Environmental Assessment (EA) of the Presidio Border Crossing Project (Project) proposed by Trans-Pecos Pipeline, LLC (Trans-Pecos) in the above-referenced docket. Trans-Pecos requests authorization to construct, operate, and maintain a new natural gas pipeline in Presidio County, Texas.

    The EA assesses the potential environmental effects of the construction and operation of the Project in accordance with the requirements of the National Environmental Policy Act of 1969. The FERC staff concludes that approval of the proposed Project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The proposed Presidio Border Crossing Project would involve construction of approximately 1,093 feet of FERC-jurisdictional 42-inch-diameter pipeline, installed beneath the Rio Grande River. The new pipeline would transport natural gas to a new delivery interconnect with pipeline facilities owned by an affiliate of Trans-Pecos at the United States-Mexico border for expanding electric generation and industrial market needs in Mexico.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; and newspapers and libraries in the Project area. In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are also available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are properly recorded and considered prior to a Commission decision on the proposal, it is important that the FERC receives your comments in Washington, DC on or before February 3, 2016.

    For your convenience, there are three methods you can use to submit your comments to the Commission. In all instances, please reference the project docket number (CP15-500-000) with your submission. The Commission encourages electronic filing of comments and has dedicated eFiling expert staff available to assist you at 202-502-8258 or [email protected]

    (1) You may file your comments electronically by using the eComment feature, which is located on the Commission's Web site at www.ferc.gov under the link to Documents and Filings. An eComment is an easy method for interested persons to submit text-only comments on a project;

    (2) You may file your comments electronically by using the eFiling feature, which is located on the Commission's Web site at www.ferc.gov under the link to Documents and Filings. With eFiling you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making. A comment on a particular project is considered a “Comment on a Filing”; or

    (3) You may file a paper copy of your comments at the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the Project is available from the Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP15-500). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at 1-866-208-3676, or for TTY, contact 1-202-502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription, which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00119 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14716-000] Water District No. 1 of Johnson County, KS; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On September 30, 2015, Water District No. 1 of Johnson County, KS filed an application for a preliminary permit under section 4(f) of the Federal Power Act proposing to study the feasibility of the proposed WaterOne Kansas River Hydroelectric Project No. 14716-000, to be located at the existing WaterOne Kansas River Weir on the Kansas River, near the town of Kanas City, in Wyandotte County, Kansas. The WaterOne Kansas River Weir is owned by the Water District No.1 of Johnson County, KS.

    The proposed project would consist of: (1) An existing 1,284-foot-long weir structure comprised of eighteen 54-foot-diameter substrate filled, concrete capped cells; (2) a new 42-foot-long, 72-foot-wide reinforced concrete powerhouse containing two 550-kilowatt vertical Kaplan hydropower turbine-generators having a total combined generating capacity of 1.1 megawatts; (3) a new 20-foot-long by 20-foot-wide switchyard containing a 480 volt(V) to 2,400V step-up transformer; (4) a new 400 to 500-foot-long, 2,400V underground transmission line; and (5) appurtenant facilities. The project would have an estimated annual generation of 7,700,000 kilowatt-hours.

    Applicant Contact: Mr. Michael J. Armstrong, 10747 Renner Boulevard, Lenexa, KS 66219; telephone (913) 895-5500.

    FERC Contact: Tyrone A. Williams, (202) 502-6331.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14716-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14716) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00100 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL11-66-000] Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC, Notice of Filing

    Take notice that on December 31, 2015, Central Maine Power Company submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.1

    1Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-Elec. Co., et al., Opinion No. 531, 147 FERC ¶ 61,234 (2014) (Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149 FERC ¶ 61,032 (2014) (Opinion No. 531-A).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00097 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [EL16-26-000] Missouri Joint Municipal Electric Utility Commission; Notice of Filing

    Take notice that on December 31, 2015, the Missouri Joint Municipal Electric Utility Commission submitted a Reactive Compensation Rate Filing.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00126 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ16-5-000] City of Anaheim, California; Notice of Filing

    Take notice that on December 22, 2015, City of Anaheim, California submitted its tariff filing: City of Anaheim 2016 Transmission Revenue Balancing Account Adjustment to be effective 1/1/2016.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 12, 2016.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00098 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL11-66-000] Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of Filing

    Take notice that December 31, 2015, NSTAR Electric Company submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.1

    1Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-Elec. Co., et al., Opinion No. 531, 147 FERC ¶ 61,234 (2014) (Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149 FERC ¶ 61,032 (2014) (Opinion No. 531-A).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00122 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2265-010; ER14-1818-010; ER12-1238-007; ER10-2338-012; ER10-2340-012; ER12-1239-007; ER10-2385-008; ER11-2062-019; ER11-2508-018; ER11-4307-019; ER12-261-018; ER10-2368-007; ER11-2107-010; ER11-2108-010; ER10-2888-019; ER11-4308-019; ER11-2805-018; ER10-2382-008; ER10-2357-008; ER10-2369-007; ER10-2361-008.

    Applicants: NRG Power Marketing LLC, Boston Energy Trading and Marketing LLC, Broken Bow Wind, LLC, CP Power Sales Nineteen, L.L.C., CP Power Sales Twenty, L.L.C., Crofton Bluffs Wind, LLC, Elkhorn Ridge Wind, LLC, Energy Plus Holdings LLC, GenOn Energy Management, LLC, Green Mountain Energy Company, Independence Energy Group LLC, Laredo Ridge Wind, LLC, North Community Turbines LLC, North Wind Turbines LLC, Norwalk Power LLC, Reliant Energy Northeast LLC, RRI Energy Services, LLC, San Juan Mesa Wind Project, LLC, Sleeping Bear, LLC, Taloga Wind, LLC, Wildorado Wind, LLC.

    Description: Updated Market Power Analysis for the Southwest Power Pool Region of NRG SPP MBR Sellers.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5100.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2721-006.

    Applicants: El Paso Electric Company.

    Description: Updated Market Power Analysis of El Paso Electric Company (Volume1 of 2).

    Filed Date: 12/31/15.

    Accession Number: 20151231-5101.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2805-005; ER10-2564-006; ER10-2600-006; ER10-2289-006.

    Applicants: Central Hudson Gas & Electric Corporation, Tucson Electric Power Company, UNS Electric, Inc., UniSource Energy Development Company.

    Description: Triennial Market Power Update for the Southwest Region of the Fortis, Inc. subsidiaries.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5159.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2984-022.

    Applicants: Merrill Lynch Commodities, Inc.

    Description: Notice of Non-Material Change in Status of Merrill Lynch Commodities, Inc.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5110.

    Comments Due: 5 p.m. ET 1/21/16.

    Docket Numbers: ER10-3310-011; ER15-2013-003; ER14-1439-005; ER11-2489-008; ER12-2639 -006.

    Applicants: New Harquahala Generating Company, LLC, Talen Energy Marketing, LLC, TrailStone Power, LLC, Hatchet Ridge Wind, LLC, Ocotillo Express LLC.

    Description: Updated Market Power Analysis for the Southwest Region of New Harquahala Generating Company, LLC, et al.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5385.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER15-1737-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: 2nd Comp. Filing in ER15-1737 Revising Westar Energy's Formula Rate Protocols to be effective 3/1/2015.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5095.

    Comments Due: 5 p.m. ET 1/21/16.

    Docket Numbers: ER15-1738-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: 2nd Compliance Filing in ER15-1738 Revising KCP&L-GMO's Formula Rate Protocols to be effective 3/1/2015.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5107.

    Comments Due: 5 p.m. ET 1/21/16.

    Docket Numbers: ER15-1739-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: 2nd Compliance Filing in ER15-1739 Revising KCP&L's Formula Rate Protocols to be effective 3/1/2015.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5160.

    Comments Due: 5 p.m. ET 1/21/16.

    Docket Numbers: ER16-673-000.

    Applicants: Sierra Pacific Power Company, Nevada Power Company.

    Description: Section 205(d) Rate Filing: Service Agreement No. 15-00086 (NVE-NVE) to be effective 1/1/2016.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5120.

    Comments Due: 5 p.m. ET 1/21/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00095 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1107-005.

    Applicants: Pacific Gas and Electric Company.

    Description: Updated Market Power Analysis for the Southwest Region of Pacific Gas and Electric Company.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5083.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2739-012; ER14-2499-003; ER10-2755-010; ER10-2751-007; ER10-2743-007.

    Applicants: LS Power Marketing, LLC, Oneta Power, LLC, Las Vegas Power Company, LLC, Renaissance Power, L.L.C., Bluegrass Generation Company, L.L.C.

    Description: Updated Market Power Analysis in Southwest Power Pool Region of the LS Power Development, LLC subsidiaries.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5329.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2913-013; ER13-1791-008; ER13-1746-011; ER13-1799-008; ER13-1801- 008; ER13-1802-008; ER10-2916-013; ER10-2915-013; ER12-1525-014; ER12-2019-012; ER10-2266-005; ER12-2398-013; ER11-3459-013; ER10-2931-014; ER13-1965-011; ER10-2969-013; ER11-4351-008; ER11-4308-018; ER11- 2805-017; ER10-1580-015; ER10-2382-007; ER11-2856-019; ER10-2356-007; ER10-2357-007; ER13-2107-009; ER13-2020-009; ER13-2050-009; ER14-2820-007; ER14-2821-007; ER11-2857-019; ER10-2359-007; ER10-2360-007; ER10-2369-006; ER10-2947-013; ER10-2381-007; ER10-2575-007; ER10-2361-007.

    Applicants: NRG Energy Center Paxton LLC, NRG Florida LP, NRG Marsh Landing LLC, NRG Potomac River LLC, NRG Power Midwest LP, NRG REMA LLC, NRG Rockford LLC, NRG Rockford II LLC, NRG Solar Alpine LLC, NRG Solar Avra Valley LLC, NRG Solar Blythe LLC, NRG Solar Borrego I LLC, NRG Solar Roadrunner LLC, NRG Sterlington Power LLC, NRG Wholesale Generation LP, Oswego Harbor Power LLC, Pinnacle Wind, LLC, Reliant Energy Northeast LLC, RRI Energy Services, LLC, Saguaro Power Company, a Limited Partnership, San Juan Mesa Wind Project, LLC, Sand Drag LLC, Sierra Wind, LLC, Sleeping Bear, LLC, Solar Partners I, LLC, Solar Partners II, LLC, Solar Partners VIII, LLC, Spring Canyon Energy II LLC, Spring Canyon Energy III LLC, Sun City Project LLC, Sunrise Power Company, LLC, TAIR Windfarm, LLC, Taloga Wind, LLC, Vienna Power LLC, Walnut Creek Energy, LLC, Watson Cogeneration Company, Wildorado Wind, LLC.

    Description: Notice of Change in Status of NRG MBR Sellers [Part 3 of 3].

    Filed Date: 12/30/15.

    Accession Number: 20151230-5355.

    Comments Due: 5 p.m. ET 1/20/16.

    Docket Numbers: ER12-2499-014; ER12-2498-014; ER13-764-014; ER11-4055-006; ER12-1566-008; ER14-1548-006; ER12-1470-006; ER11-3987-009; ER10-1290-007; ER14-474-005; ER14-1775-004; ER10-3026-006.

    Applicants: Alpaugh North, LLC, Alpaugh 50, LLC, CED White River Solar, LLC, Copper Mountain Solar 1, LLC, Copper Mountain Solar 2, LLC, Copper Mountain Solar 3, LLC, Energia Sierra Juarez U.S., LLC, Mesquite Solar 1, LLC, San Diego Gas & Electric Company, Sempra Generation, LLC, SEP II, LLC, Termoelectrica U.S., LLC.

    Description: Updated Market Power Analysis for Southwest Region of the SDG&E Sellers.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5332.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER16-287-000.

    Applicants: BIF III Holtwood LLC.

    Description: Clarification to November 6, 2015 BIF III Holtwood LLC tariff filing.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5346.

    Comments Due: 5 p.m. ET 1/20/16.

    Docket Numbers: ER16-670-000.

    Applicants: New England Power Pool Participants Committee.

    Description: Section 205(d) Rate Filing: Dec 30 2015 Membership Filing to be effective 1/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5314.

    Comments Due: 5 p.m. ET 1/20/16.

    Docket Numbers: ER16-671-000.

    Applicants: Golden Spread Electric Cooperative, Inc.

    Description: Market-Based Triennial Review Filing: Updated Market Power Analysis to be effective 3/1/2014.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5070.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER16-672-000.

    Applicants: Golden Spread Panhandle Wind Ranch, LLC.

    Description: Market-Based Triennial Review Filing: Updated Market Power Analysis to be effective 3/1/2014.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5072.

    Comments Due: 5 p.m. ET 2/29/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00094 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2457-041] Public Service Company of New Hampshire; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Type of Application: New Major License

    b. Project No.: 2457-041

    c. Date Filed: December 18, 2015

    d. Applicant: Public Service Company of New Hampshire (PSNH)

    e. Name of Project: Eastman Falls Hydroelectric Project (Eastman Falls Project)

    f. Location: The existing project is located on the Pemigewasset River in Merrimack and Belknap Counties, New Hampshire. The project boundary includes approximately 476 acres of federal land.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r)

    h. Applicant Contact: Curtis R. Mooney, Project Manager, Public Service Company of New Hampshire, 780 North Commercial Street, P.O. Box 330, Manchester, NH 03105-0330; Telephone: (603) 744-8855 or [email protected]

    i. FERC Contact: Steve Kartalia, (202) 502-6131 or [email protected]

    j. This application is not ready for environmental analysis at this time.

    k. The Project Description: The Eastman Falls Project has a total installed capacity of 6.4-megawatts (MW). The project's average annual generation is 27,871 megawatt-hours. The power generated by the project is sold to PSNH's electrical distribution customers.

    The dam for the Eastman Falls Project is located approximately 1.5 miles downstream of the U.S. Army Corps of Engineers' (Corps) Franklin Falls Flood Control Dam (Franklin Falls Dam). While the project boundary for the Eastman Falls Project extends through and upstream of Franklin Falls Dam, it does not encompass Franklin Falls Dam or any Corps facilities.

    The existing project consists of: (1) A 341-foot-long, 37-foot-high concrete gravity dam and spillway with a crest elevation of 301 feet above mean sea level (msl) that includes: (i) 6-foot-high steel flashboards with a crest elevation of 307 feet msl; and (ii) a concrete waste gate structure that includes a 16-foot-high, 30-foot-wide steel slide gate; (2) a 582-acre, 9-mile-long impoundment, with a normal maximum pool elevation of 307 feet msl; (3) a 342-foot-long, 8-foot-deep floating louver array; (4) generating facility No. 1 that includes: (i) A 12.5-foot-high, 15-foot-wide headgate structure with a 23.75-foot-high, 17-foot-wide trashrack with 3.5-inch clear-bar spacing; (ii) a 12.5-foot-high, 12.5-foot-wide, 21-foot-long concrete penstock; (iii) a 40-foot-high, 20-foot-wide stop log slot; (iv) a 29-foot-long, 29-foot-wide, 34-foot-high concrete and masonry powerhouse containing a single 1.8-MW turbine-generator unit; and (v) a 23-foot-wide, 14.5-foot-high, 60-foot-long draft tube; (5) generating facility No. 2 facility that includes: (i) An intake structure with a 20-foot-high, 21-foot-wide headgate with two 12.3-foot-wide, 9.3-foot-high trashracks with 3.5-inch clear-bar spacing; (ii) a 20.8-foot-high, 22.4-foot-wide stop log slot; (iii) a 88-foot-long, 78-foot-wide, 56-foot-high concrete and masonry powerhouse containing a single 4.6 MW turbine-generator unit; (iv) a 23-foot-wide, 14.5-foot-high, 60-foot-long draft tube; (6) a 100-foot-long, 2.4-kilovolt transmission line that connects the turbine-generator units to the regional grid; and (7) appurtenant facilities.

    The Eastman Falls Project operates in a run-of-river mode. The existing license (Article 401) requires that the project release a continuous minimum flow of 410 cubic feet per second (cfs), or inflow (whichever is less). PSNH proposes to continue run-of-river operation and to eliminate the requirement to release a minimum flow.

    l. Locations of the Application: A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in item (h) above.

    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    n. Procedural Schedule:

    The application will be processed according to the following preliminary Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate.

    Milestone Target date Notice of Acceptance/Notice of Ready for Environmental Analysis February 2016. Filing of recommendations, preliminary terms and conditions, and fishway prescriptions April 2016. Commission issues Non-Draft Environmental Assessment (EA) September 2016. Comments on EA October 2016. Modified terms and conditions December 2016.

    o. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00127 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL11-66-000] Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of Filing

    Take notice that on December 31, 2015, the Connecticut Light and Power Company, Public Service Company of New Hampshire, and Western Massachusetts Electric Company submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.1

    1Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-Elec. Co., et al., Opinion No. 531, 147 FERC ¶ 61,234 (2014) (Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149 FERC ¶ 61,032 (2014) (Opinion No. 531-A).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00121 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL11-66-000] Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of Filing

    Take notice that on December 31, 2015, New Hampshire Transmission, LLC submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.1

    1Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-Elec. Co., et al., Opinion No. 531, 147 FERC ¶ 61,234 (2014) (Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149 FERC ¶ 61,032 (2014) (Opinion No. 531-A).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00124 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL11-66-000] Martha Coakley, Massachusetts Attorney General; Connecticut Public Utilities Regulatory Authority; Massachusetts Department of Public Utilities; New Hampshire Public Utilities Commission; Connecticut Office of Consumer Counsel; Maine Office of the Public Advocate; George Jepsen, Connecticut Attorney General; New Hampshire Office of Consumer Advocate; Rhode Island Division of Public Utilities and Carriers; Vermont Department of Public Service; Massachusetts Municipal Wholesale Electric Company; Associated Industries of Massachusetts; The Energy Consortium; Power Options, Inc.; and the Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company d/b/a National Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and Gas Corporation; Northeast Utilities Service Company; The United Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and Electric Light Company; Vermont Transco, LLC; Notice of Filing

    Take notice that on December 31, 2015, The United Illuminating Company submitted tariff filing per: Refund Report to be effective N/A, pursuant to the Commission's Opinion No. 531-A, issued on October 16, 2014.1

    1Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-Elec. Co., et al., Opinion No. 531, 147 FERC ¶ 61,234 (2014) (Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149 FERC ¶ 61,032 (2014) (Opinion No. 531-A).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on January 21, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00123 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP16-326-000.

    Applicants: Tres Palacios Gas Storage LLC.

    Description: Compliance filing per 154.203: Tres Palacios Gas Storage LLC—Compliance with Order in Docket No. RP15-1225 to be effective 1/29/2016.

    Filed Date: 12/29/15.

    Accession Number: 20151229-5101.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-327-000.

    Applicants: Transcontinental Gas Pipe Line Company,

    Description: Section 4(d) rate filing per 154.204: Negotiated Rates—Cherokee AGL—Replacement Shippers—Jan 2016 to be effective 1/1/2016.

    Filed Date: 12/29/15.

    Accession Number: 20151229-5110.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-328-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Section 4(d) rate filing per 154.204: Negotiated Rates—Chevron TEAM 2014 Releases for 1-1-2016 to be effective 1/1/2016.

    Filed Date: 12/29/15.

    Accession Number: 20151229-5204.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-329-000.

    Applicants: Transwestern Pipeline Company, LLC.

    Description: Section 4(d) rate filing per 154.204: Btu Provision to be effective 2/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5068.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-330-000.

    Applicants: Transwestern Pipeline Company, LLC.

    Description: Section 4(d) rate filing per 154.204: Flow Control Provision to be effective 2/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5077.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-331-000.

    Applicants: Transwestern Pipeline Company, LLC.

    Description: Compliance filing per 154.203: Baseline Filing Volume No. 1-A to be effective 1/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5087.

    Comments Due: 5 p.m. ET 1/11/16

    Docket Numbers: RP16-332-000.

    Applicants: Transwestern Pipeline Company, LLC.

    Description: Section 4(d) rate filing per 154.204: Update Non-Conforming Agreements List to be effective 1/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5089.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-333-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Section 4(d) rate filing per 154.204: 12/30/15 Negotiated Rates—MMGS Inc. (RTS) 7625-02 & -03 Amd 1 to be effective 12/1/2015.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5097.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-334-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Section 4(d) rate filing per 154.403: EPC FEB 2016 FILING to be effective 2/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5135.

    Comments Due: 5 p.m. ET 1/11/16.

    Docket Numbers: RP16-335-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: Section 4(d) rate filing per 154.601: Negotiated Rate TSA (High Plains Gathering) to be effective 1/1/2016.

    Filed Date: 12/30/15.

    Accession Number: 20151230-5307.

    Comments Due: 5 p.m. ET 1/11/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 31, 2015. Nathaniel J. Davis, Sr., Deputy Secretary
    [FR Doc. 2016-00096 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-1-000] Heartland Consumers Power District; Notice of Filing

    Take notice that on December 29, 2015, Heartland Consumers Power District submitted a response to the December 11, 2015 Deficiency Letter.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on January 19, 2016.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00125 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2400-006.

    Applicants: Blue Canyon Windpower LLC.

    Description: Updated Market Power Analysis for the Southwest Power Pool Region of Blue Canyon Windpower LLC.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5391.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-3232-004; ER14-2871-007; ER16-182-002; ER10-3244-009; ER10-3251-007; ER14-2382-007; ER15-621-006; ER15-622-006; ER15-463-006; ER16-72-002; ER15-110-006; ER13-1586-008; ER10-1992-014.

    Applicants: Wheelabrator Shasta Energy Company Inc., Cameron Ridge, LLC, Cameron Ridge II, LLC, Coso Geothermal Power Holdings, LLC, Oak Creek Wind Power, LLC,ON Wind Energy LLC, Pacific Crest Power, LLC, Ridgetop Energy, LLC, San Gorgonio Westwinds II, LLC, San Gorgonio Westwinds II—Windustries,,Terra-Gen Energy Services, LLC,TGP Energy Management, LLC, Victory Garden Phase IV, LLC.

    Description: Triennial Market Power Analysis of the ECP MBR Sellers.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5387.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER15-1332-003; ER10-2401-004; ER10-2402-004; ER11-2414-001; ER10-2403-004; ER13-1816-003; ER15-1333-002.

    Applicants: Arbuckle Mountain Wind Farm LLC, Blue Canyon Windpower II LLC, Blue Canyon Windpower V LLC, Blue Canyon Windpower VI LLC, Cloud County Wind Farm, LLC, Sustaining Power Solutions LLC, Waverly Wind Farm LLC.

    Description: Updated Market Power Analysis for the Southwest Power Pool Region of Arbuckle Mountain Wind Farm LLC, et al.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5400.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER16-674-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) Rate Filing: Original Service Agreement No. 4320; Queue AA1-109 (ISA) to be effective 12/3/2015.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5169.

    Comments Due: 5 p.m. ET 1/21/16.

    Docket Numbers: ER16-675-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Section 205(d) Rate Filing: 2015-12-31_Queue Reform Attachment X Filing to be effective 3/30/2016.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5238.

    Comments Due: 5 p.m. ET 1/29/16.

    Docket Numbers: ER16-676-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) Rate Filing: Revisions to Schedule 12-Appdx & Appdx A re: 2016 RTEP Annual Cost Allocations to be effective 1/1/2016.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5261.

    Comments Due: 5 p.m. ET 1/21/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00117 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1585-009; ER10-1594-009; ER10-1597-005; ER10-1617-009; ER10-1624-005; ER12-60-011; ER10-1632-011; ER10-1628-009.

    Applicants: Alabama Electric Marketing, LLC, California Electric Marketing, LLC, Kiowa Power Partners, L.L.C., New Mexico Electric Marketing, LLC, Tenaska Power Management, LLC, Tenaska Power Services Co., Texas Electric Marketing, LLC, Tenaska Gateway Partners, Ltd.

    Description: Updated Market Power Analysis in the Southwest Power Pool region of the Tenaska MBR Sellers.

    Filed Date: 12/31/15

    Accession Number: 20151231-5404.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER10-2507-007.

    Applicants: Westar Energy, Inc.

    Description: Notice of Non-Material Change in Status of Westar Energy, Inc.

    Filed Date: 1/4/16.

    Accession Number: 20160104-5264.

    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER13-415-003.

    Applicants: Anahau Energy, LLC.

    Description: Triennial market power update of Anahau Energy, LLC for SPP region.

    Filed Date: 12/31/15.

    Accession Number: 20151231-5406.

    Comments Due: 5 p.m. ET 2/29/16.

    Docket Numbers: ER15-710-004.

    Applicants: Arizona Public Service Company.

    Description: Compliance filing: Service Agreement No. 341—NITS with ED3 to be effective 5/31/2015.

    Filed Date: 1/4/16.

    Accession Number: 20160104-5339.

    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER16-677-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Section 205(d) Rate Filing: Original Service Agreement No. 4322; Queue Z1-036 (ISA) to be effective 12/3/2015.

    Filed Date: 1/4/16.

    Accession Number: 20160104-5077.

    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER16-679-000.

    Applicants: Northern States Power Company, a Wisconsin corporation.

    Description: Section 205(d) Rate Filing: 2016-1-4_DPC Switching Agrmt-0.0.0-Filing to be effective 3/5/2016.

    Filed Date: 1/4/16

    Accession Number: 20160104-5346.

    Comments Due: 5 p.m. ET 1/25/16.

    Docket Numbers: ER16-680-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA No. 3356, Queue No. W4-033 to be effective 12/8/2015.

    Filed Date: 1/4/16.

    Accession Number: 20160104-5386.

    Comments Due: 5 p.m. ET 1/25/16.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00118 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-503-000] Comanche Trail Pipeline, LLC; Notice of Availability of the Environmental Assessment for the Proposed San Elizario Crossing Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the San Elizario Crossing Project (Project), proposed by Comanche Trail Pipeline, LLC (Comanche Trail) in the above-referenced docket. Comanche Trail requests authorization to construct new border crossing pipeline facilities to export up to 1.1 billion cubic feet per day of natural gas at the International Boundary between the United States and Mexico. The pipeline would be installed via horizontal directional drill beneath the Rio Grande River.

    The EA assesses the potential environmental effects of the construction and operation of the Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The proposed Project includes the installation of approximately 1,086 feet of 42-inch-diameter pipeline. The new pipeline would transport gas to a new delivery interconnect with pipeline facilities owned by an affiliate of Comanche Trail at the United States-Mexico border for expanding electric generation and industrial market needs in Mexico.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; newspapers and libraries in the project area; and parties to this proceeding. In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before February 4, 2016.

    For your convenience, there are three methods you can use to file your comments to the Commission. In all instances, please reference the project docket number (CP15-503-000 with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can also file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP15-503). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: January 4, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-00120 Filed 1-7-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9941-12-Region 5] Notification of a Public Meeting of the Great Lakes Advisory Board AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) announces a public meeting of the Great Lakes Advisory Board (Board). The purpose of this meeting is to discuss the Great Lakes Restoration Initiative (GLRI) covering FY15-19 and other relevant matters.

    DATES:

    The meeting will be held on Wednesday, January 27, 2016 from 10 a.m. to 3 p.m. Central Time, 11 a.m. to 4 p.m. Eastern Time. An opportunity will be provided to the public to comment.

    ADDRESSES:

    The meeting will be held at 77 W. Jackson, 19th Floor, Chicago, Illinois. For those unable to attend in person, this meeting will also be available telephonically. The teleconference number is 877-226-9607 and the conference ID number is 4218582837.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public wishing further information regarding this meeting may contact Rita Cestaric, Designated Federal Officer (DFO), by email at [email protected] General information on the GLRI and the Board can be found at http://glri.us/public.html.

    SUPPLEMENTARY INFORMATION:

    Background: The Board is a federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 92-463. EPA established the Board in 2013 to provide independent advice to the EPA Administrator in her capacity as Chair of the federal Great Lakes Interagency Task Force (IATF). The Board conducts business in accordance with FACA and related regulations.

    The Board consists of 16 members appointed by EPA's Administrator in her capacity as IATF Chair. Members serve as representatives of state, local and tribal government, environmental groups, agriculture, business, transportation, educational institutions, and as technical experts.

    Availability of Meeting Materials: The agenda and other materials in support of the meeting will be available at http://glri.us/advisory/index.html.

    Procedures for Providing Public Input: Federal advisory committees provide independent advice to federal agencies. Members of the public can submit relevant comments for consideration by the Board. Input from the public to the Board will have the most impact if it provides specific information for the Board to consider. Members of the public wishing to provide comments should contact the DFO directly.

    Oral Statements: In general, individuals or groups requesting an oral presentation at this public meeting will be limited to three minutes per speaker, subject to the number of people wanting to comment. Interested parties should contact the DFO in writing (preferably via email) at the contact information noted above by January 25, 2016 to be placed on the list of public speakers for the meeting.

    Written Statements: Written statements must be received by January 25, 2016 so that the information may be made available to the Board for consideration. Written statements should be supplied to the DFO in the following formats: One hard copy with original signature and one electronic copy via email. Commenters are requested to provide two versions of each document submitted: One each with and without signatures because only documents without signatures may be published on the GLRI Web page.

    Accessibility: For information on access or services for individuals with disabilities, please contact the DFO at the phone number or email address noted above, preferably at least seven days prior to the meeting, to give EPA as much time as possible to process your request.

    Dated: December 15, 2015. Cameron Davis, Senior Advisor to the Administrator.
    [FR Doc. 2016-00186 Filed 1-7-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9024-8] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www2.epa.gov/nepa.

    Weekly receipt of Environmental Impact Statements (EISs) Filed 12/28/2015 Through 12/31/2015 Pursuant to 40 CFR 1506.9. Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

    EIS No. 20150367, Final, NPS, NY, Fire Island National Seashore Final White-tailed Deer Management Plan, Review Period Ends: 02/08/2016, Contact: Morgan Elmer 303-969-2317. EIS No. 20150368, Draft, TVA, TN, PROGRAMMATIC—Ash Impoundment Closure, Comment Period Ends: 02/24/2016, Contact: Ashley Farless 423-751-2361. Amended Notices EIS No. 20150304, Draft, VA, SD, NHPA Section 106 Consultation: Reconfiguration of VA Black Hills Health Care System, Comment Period Ends: 02/05/2016, Contact: Luke Epperson 605-720-7170. Revision to FR Notice Published 11/06/2015; Correction to Comment Period Ends should be 02/05/2016. Dated: January 5, 2016. Dawn Roberts, Management Analyst, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2016-00165 Filed 1-7-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 4, 2016.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Frandsen Financial Corporation, Arden Hills, Minnesota; to acquire 100 percent of the voting shares of Provincial Corp., and thereby indirectly acquire Provincial Bank, both in Lakeville, Minnesota.

    2. Great Western Bancorp, Inc., Sioux Falls, South Dakota; to merge with HF Financial Corp., and thereby indirectly acquire Home Federal Bank, both in Sioux Falls, South Dakota.

    Board of Governors of the Federal Reserve System, January 5, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-00153 Filed 1-7-16; 8:45 am] BILLING CODE 6210-01-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 the aforementioned meeting for the initial review of applications in response to Funding Opportunity Announcement (FOA) PAR15-352, Occupational Safety and Health Training Project Grants.

    Time and Date: 8:00 a.m.-7:00 p.m., January 26-28, 2016 (Closed).

    Place: Internet Assisted Meeting (IAM)/Virtual Meeting.

    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 Occupational Safety and Health Training Project Grants, FOA PAR15-352, initial review.

    Contact Person For More Information: Donald Blackman, Ph.D., Scientific Review Officer, CDC, 2400 Century Center Parkway NE., 4th Floor, Room 4204, Mailstop E-74, Atlanta, Georgia 30345, Telephone: (404) 498-6185, [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. 2016-00113 Filed 1-7-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-5073] Use of Nucleic Acid Tests To Reduce the Risk of Transmission of Hepatitis B Virus From Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; 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 document entitled “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of Hepatitis B Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry.” The draft guidance document provides establishments that make donor eligibility determinations for donors of human cells, tissues, and tissue-based products (HCT/Ps), with recommendations concerning the use of FDA-licensed nucleic acid tests (NAT) in donor testing for hepatitis B virus (HBV) deoxyribonucleic acid (DNA). The draft guidance, when finalized, is intended to supplement previous FDA recommendations to HCT/P establishments concerning donor testing for hepatitis B surface antigen (HBsAg) and total antibody to hepatitis B core antigen (anti-HBc), in the document entitled “Guidance for Industry: Eligibility Determination for Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated August 2007 (2007 Donor Eligibility Guidance).

    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 April 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-2015-D-5073 for “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of Hepatitis B Virus from Donors of Human Cells, Tissues, and Cellular and Tissue Based Products; Draft 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 draft 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 draft 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 draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Jessica T. Walker, 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 document entitled “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of Hepatitis B Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry.” The draft guidance document provides establishments that make donor eligibility determinations for donors of HCT/Ps, with recommendations concerning the use of FDA-licensed NAT in donor testing for HBV DNA. FDA considers the use of FDA-licensed HBV NAT in testing HCT/Ps donors to be necessary to adequately and appropriately reduce the risk of transmission of HBV. The FDA-licensed HBV NAT can detect evidence of the viral infection at an earlier stage than the HBsAg and total anti-HBc tests. Therefore, FDA recommends the use of FDA-licensed HBV NAT for testing donors of HCT/Ps for evidence of infection with HBV.

    HBV is a major global public health concern and has been transmitted by blood transfusions and tissue transplantation. Available literature has indicated possible transmissions of HBV by hematopoietic stem cells and blood with HBV NAT positive/hepatitis B surface antigen (anti-HBs) positive/HBsAg negative blood, irrespective of anti-HBc test results. In blood donors, adding the HBV NAT testing for HBV reduces the residual risk of transmission of HBV infection beyond that which can be achieved by screening donors using only HBsAg and total anti-HBc tests. In addition, it can detect breakthrough infections in previously vaccinated individuals who are exposed to the virus, and HBV mutants appear to be more likely detected by HBV NAT than by HBsAg assays.

    In the United States, there are currently FDA-licensed HBV NAT assays with an indication for screening donor blood samples for Whole Blood and Blood components, other living donors (individual organ donors when specimens are obtained while the donor's heart is still beating), and blood specimens from cadaveric (non-heart-beating) donors. Some of these are multiplex assays that can simultaneously detect HIV, HCV, and HBV in a single blood specimen, thus improving the feasibility of routine NAT testing for HBV. By analogy to the experience in the blood donor setting, it is reasonable to expect that the residual risk of transmission of HBV infection would be reduced by adding HBV NAT to the testing strategy for HCT/P donors. HBV NAT's potential utility in further reducing risk of HBV transmission by transplantation is mainly restricted to the early HBsAg-negative phase of infection. In summary, the available scientific data and the availability of FDA-licensed assays support a recommendation that all HCT/Ps donors should be tested using an FDA-licensed HBV NAT. The draft guidance, when finalized, is intended to supplement previous FDA recommendations to HCT/P establishments concerning donor testing for HBsAg and total anti-HBc, in the 2007 Donor Eligibility Guidance.

    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 “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of Hepatitis B Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products.” 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/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: January 5, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-00149 Filed 1-7-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-0001] Gastroenterology and Urology Devices Panel of the Medical Devices Advisory Committee; Notice of Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public.

    Name of Committee: Gastroenterology and Urology Devices Panel of the Medical Devices Advisory Committee.

    General Function of the Committee: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on February 25, 2016, from 8 a.m. to 6 p.m. and February 26, 2016, from 8 a.m. to 1 p.m.

    Location: Hilton Washington DC North/Gaithersburg, Salons A, B, and C, 620 Perry Pkwy., Gaithersburg, MD 20877. The hotel's telephone number is 301-977-8900.

    Contact Person: Patricio G. Garcia, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1611, Silver Spring, MD 20993-0002, [email protected], 301-796-6875, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.

    Agenda: On February 25, 2016, the committee will discuss, make recommendations, and vote on information regarding the premarket approval application (PMA) for “TOPAS Treatment for Fecal Incontinence,” by ASTORA Women's Health, LLC. The “TOPAS Treatment for Fecal Incontinence” device is a sling device (mesh) to be implanted around the puborectalis muscle (a muscle that contributes towards the maintenance of fecal continence). The proposed Indication for Use (IFU) for the “TOPAS Treatment for Fecal Incontinence” device, as stated in the PMA, is as follows:

    The “TOPAS Treatment for Fecal Incontinence” is intended to treat women with fecal incontinence (also referred to as accidental bowel leakage) who have failed more conservative therapies.

    On February 26, 2016, during session I, the committee will discuss and make recommendations regarding the reclassification of urogynecologic surgical mesh instrumentation from class I to class II. The applicable product codes are those related to urogynecologic surgical mesh as follows:

    • OTN and the associated device classification name, “mesh, surgical, synthetic, urogynecologic, for stress urinary incontinence, female, multi-incision;”

    • PAG and the associated device classification name, “mesh, surgical, non-synthetic, urogynecologic, for stress urinary incontinence, female, multi-incision;”

    • PAH and the associated device classification name, “mesh, surgical, synthetic, urogynecologic, for stress urinary incontinence, female, single-incision mini-sling;”

    • OTO and the associated device classification name, “mesh, surgical, synthetic, urogynecologic, for apical vaginal and uterine prolapse, transabdominally placed;”

    • PAJ and the associated device classification name, “mesh, surgical, non-synthetic, urogynecologic, for apical vaginal and uterine prolapse, transabdominally placed;”

    • OTP and the associated device classification name, “mesh, surgical, synthetic, urogynecologic, for pelvic organ prolapse, transvaginally placed” and

    • PAI and the associated device classification name, “mesh, surgical, non-synthetic, urogynecologic, for pelvic organ prolapse, transvaginally placed.”

    Some examples of the means by which these devices perform these functions and their respective IFU/Intended Use (IU) statements are:

    • Urogynecologic surgical mesh instrumentation is used:

    ○ IFU/IU: To aid in insertion, placement, fixation, or anchoring of surgical mesh for procedures including transvaginal pelvic organ prolapse repair, sacrocolpopexy (transabdominal pelvic organ prolapse repair), treatment of female stress urinary incontinence. Examples of such surgical instrumentation include needle passers and trocars, needle guides, fixation tools, and tissue anchors.

    The committee, during session II, will discuss and make recommendations regarding the classification of the product code “LKX” and the associated device classification name, “Device, Thermal, Hemorrhoids.” The product code LKX represents a category of devices intended to apply controlled cooling and conductive heating to hemorrhoids. These devices are considered preamendments devices since they were in commercial distribution prior to May 28, 1976, when the Medical Devices Amendments became effective. Some examples of the means by which these devices perform these functions and their respective IFU/IU statements are:

    • Uses an aluminum probe that contains a temperature sensitive element to regulate temperature within 2 degrees (between 37 and 46 degrees centigrade).

    ○ IFU/IU: The apparatus is intended to apply controlled, conductive heating to hemorrhoids.

    • Uses a heat applicator inserted into the rectum, applicator contains a battery operated heater, and a sensor which provides temperature control/feedback.

    ○ IFU/IU: Intended to provide temporary relief of the symptoms of hemorrhoids through the application of mild heating.

    • Uses speculum-like plastic container containing liquid to cool hemorrhoidal veins.

    ○ IFU/IU: Treatment of external hemorrhoids by applying cold therapy (cryotherapy) directly to swollen hemorrhoidal veins.

    The committee, during session III, will discuss and make recommendations regarding the classification of the product code “LRL” and the associated device classification name, “Cushion, Hemorrhoid.” The product code LRL represents a category of devices intended to temporarily relieve pain and pressure caused by hemorrhoids. These devices are considered preamendments devices since they were in commercial distribution prior to May 28, 1976, when the Medical Devices Amendments became effective. Some examples of the means by which these devices perform these functions and their respective IFU/IU statements are:

    • Uses an injection molded polypropylene copolymer plastic seat attached to a toilet seat (the product is adjustable and is available in round and elongated versions).

    ○ IFU/IU: For the temporary relief from the pain and pressure of hemorrhoids. The device is for external use only.

    • Uses a cushion with an inflatable vinyl exterior and a foam center. An air chamber, when filled, prevents the cushion from compressing the foam. A urethane foam center adds comfort.

    ○ IFU/IU: Intended for the home convalescent patient with perineal discomfort.

    • Uses a cushion that contains two internal molded structures that conform to the patient's shape. Exerts “slight” pressure on hemorrhoid. IFU/IU not required at the time of clearance.

    The committee, during session IV, will discuss and make recommendations regarding the classification of the product code “LKN” and the associated device classification name, “Separator, automated, blood cell and plasma, therapeutic.” The product code LKN represents a category of centrifuge-type devices intended to separate blood components and perform therapeutic plasma exchange for the management of serious medical conditions in adults and children. These devices are considered preamendments devices since they were in commercial distribution prior to May 28, 1976, when the Medical Devices Amendments became effective. Some examples of the means by which these devices perform these functions and their respective IFU/IU statements are:

    • Utilizes a continuous flow centrifuge (max speed 3000 revolutions per minute) to separate source blood from a subject into blood components.

    ○ IFU/IU: May be used to perform therapeutic plasma exchange.

    ○ IFU/IU: May be used to perform Red Blood Cell Exchange procedures for the transfusion management of Sickle Cell Disease in adults and children.

    • Uses continuous flow access to a rotating centrifuge to separate blood components.

    ○ IFU/IU: May be used to harvest cellular components from the blood of certain patients where the attending physician feels the removal of such component may benefit the patient.

    ○ IFU/IU: May be used to remove plasma components and/or fluid selected by the attending physicians.

    FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm and then by scrolling down to the appropriate advisory committee meeting link.

    Procedure: Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before February 17, 2016. Oral presentations from the public will be scheduled on February 25, 2016, between approximately 1 p.m. and 2 p.m. and on February 26, 2016, between approximately 8:30 a.m. and 9:30 a.m. Those individuals interested in making formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before February 9, 2016. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. The contact person will notify interested persons regarding their request to speak by February 10, 2016.

    Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.

    FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact AnnMarie Williams at [email protected], 301-796-5966, at least 7 days in advance of the meeting.

    FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures on public conduct during advisory committee meetings.

    Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).

    Dated: January 4, 2016. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2016-00111 Filed 1-7-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-4021] Over-the-Counter Sunscreens: Safety and Effectiveness Data; Draft Guidance for Industry; Extension of Comment Period AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; extension of the comment period.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is extending the comment period provided in the notice entitled “Over-the-Counter Sunscreens: Safety and Effectiveness Data; Draft Guidance for Industry; Availability” that appeared in the Federal Register on November 23, 2015 (80 FR 72975). That notice announced the availability of a draft guidance for industry and requested comments to that draft guidance by January 22, 2016. FDA is extending the draft guidance's comment period by 30 days (to February 22, 2016) in response to a request for an extension to allow interested persons additional time to submit comments.

    DATES:

    FDA is extending the comment period for the draft guidance by an additional 30 days. Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to permit the Agency to consider your comments before issuing the final version of the guidance, submit either electronic or written comments on the draft guidance by February 22, 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-2015-D-4021 for “Over-the-Counter Sunscreens: Safety and Effectiveness Data; Draft 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 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:

    Kristen Hardin, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 5443, Silver Spring, MD 20993-0002, 240-402-4246.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In the Federal Register of November 23, 2015 (80 FR 72975), FDA published a notice of availability with a 60-day comment period for the draft guidance for industry entitled “Over-the-Counter Sunscreens: Safety and Effectiveness Data.” Publication of that draft guidance was mandated by the Sunscreen Innovation Act (SIA), which also requires FDA to publish the final guidance no later than November 26, 2016.

    The Agency has received a request for a 30-day extension of the comment period to provide more time for regulated industry to prepare a detailed and meaningful response to the draft guidance. FDA has considered the request and is extending the comment period for 30 days, until February 22, 2016. The Agency believes that a 30-day extension will allow adequate time for interested persons to submit comments without compromising timely publication of the final guidance as mandated by the SIA.

    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: January 4, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-00128 Filed 1-7-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health: Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Mental Health Council.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and/or contract proposals 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 and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Mental Health Council.

    Date: February 4, 2016.

    Closed: 8:00 a.m. to 9:00 a.m.

    Agenda: To review and evaluate the NIMH Division of Intramural Research Programs.

    Place: National Institutes of Health, Neuroscience Center, Conference Rooms C/D/E, 6001 Executive Boulevard, Rockville, MD 20852.

    Open: 9:15 a.m. to 1:00 p.m.

    Agenda: Presentation of the NIMH Director's Report and discussion of NIMH program and policy issues.

    Place: National Institutes of Health, Neuroscience Center, Conference Rooms C/D/E, 6001 Executive Boulevard, Rockville, MD 20852.

    Closed: 2:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, Conference Rooms C/D/E, 6001 Executive Boulevard, Rockville, MD 20852.

    Contact Person: Jean G. Noronha, Ph.D., Director, Division of Extramural Activities National Institute of Mental Health, NIH Neuroscience Center, 6001 Executive Blvd., Room 6147, MSC 9609, Bethesda, MD 20892-9609, 301-443-3367, [email protected].

    Any member of the public interested in presenting oral comments to the committee may notify the Contact Person listed on this notice at least 10 days in advance of the meeting. Interested individuals and representatives of organizations may submit a letter of intent, a brief description of the organization represented, and a short description of the oral presentation. Only one representative of an organization may be allowed to present oral comments and if accepted by the committee, presentations may be limited to five minutes. Both 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.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: www.nimh.nih.gov/about/advisory-boards-and-groups/namhc/index.shtml., where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS) Dated: January 4, 2016. Carolyn A. Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-00196 Filed 1-7-16; 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 13-374: Modeling Social Behavior.

    Date: January 25, 2016.

    Time: 8:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at DC Convention Center, 900 10th Street NW., Washington, DC 20001.

    Contact Person: Gabriel B Fosu, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3108, MSC 7808, Bethesda, MD 20892, (301) 435-3562, [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: Systems Science and Health in the Behavioral and Social Sciences.

    Date: January 25, 2016.

    Time: 12:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at DC Convention Center, 900 10th Street NW., Washington, DC 20001.

    Contact Person: Gabriel B Fosu, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3108, MSC 7808, Bethesda, MD 20892, (301) 435-3562, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: January 5, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-00195 Filed 1-7-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism: 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 on Alcohol Abuse and Alcoholism Special Emphasis Panel; NIAAA PAR15-154 and Fellowship Applications.

    Date: January 26, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NIAAA, NIH, 5635 Fishers Lane, CR 2098, Rockville, MD 20852, (Telephone Conference Call).

    Contact Person: Ranga Srinivas, Ph.D., Chief, Scientific Review Officer, Extramural Project Review Branch, National Institutes of Health, 5365 Fishers Lane, Room 2085, Rockville, MD 20852, (301) 451-2067, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.271, Alcohol Research Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National Research Service Awards for Research Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants; 93.701, ARRA Related Biomedical Research and Research Support Awards., National Institutes of Health, HHS)
    Dated: January 5, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-00194 Filed 1-7-16; 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: Biological Chemistry and Macromolecular Biophysics Integrated Review Group Macromolecular Structure and Function C Study Section.

    Date: February 4-5, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Renaissance Mayflower Hotel, 1127 Connecticut Avenue NW., Washington, DC 20036.

    Contact Person: William A Greenberg, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4168, MSC 7806, Bethesda, MD 20892, (301) 435-1726, [email protected]

    Name of Committee: Endocrinology, Metabolism, Nutrition and Reproductive Sciences Integrated Review Group; Clinical and Integrative Diabetes and Obesity Study Section.

    Date: February 4-5, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel & Conference Center, Montgomery County Conference Center Facility, 5701 Marinelli Road, North Bethesda, MD 20852.

    Contact Person: Hui Chen, MD., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-435-1044, [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: January 4, 2016. Carolyn Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-00106 Filed 1-7-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2013-0006] Tribal Declarations Pilot Guidance AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) is accepting comments on the Tribal Declarations Pilot Guidance.

    DATES:

    Comments must be received by April 7, 2016.

    ADDRESSES:

    Comments must be identified by docket ID FEMA-2013-0006 and may be submitted by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Please note that this proposed policy is not a rulemaking and the Federal Rulemaking Portal is being utilized only as a mechanism for receiving comments.

    Mail: Regulatory Affairs Division, Office of Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C Street SW., Washington, DC 20472-3100.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Specht, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-212-2288.

    SUPPLEMENTARY INFORMATION: I. Public Participation

    Instructions: All submissions received must include the agency name and docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to read the Privacy Act notice, which can be viewed by clicking on the “Privacy Notice” link in the footer of www.regulations.gov.

    You may submit your comments and material by the methods specified in the ADDRESSES section. Please submit your comments and any supporting material by only one means to avoid the receipt and review of duplicate submissions.

    Docket: The proposed guidance is available in docket ID FEMA-2013-0006. For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments may also be inspected at FEMA, Office of Chief Counsel, 8NE, 500 C Street SW., Washington, DC 20472.

    II. Background

    The Sandy Recovery Improvement Act of 2013 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121 et seq. (Stafford Act), to provide federally-recognized Indian Tribal governments the option to request a Presidential emergency or major disaster declaration.1 FEMA is proposing to establish a pilot program to manage declaration requests from Indian Tribal governments, and is seeking comment on its proposed Tribal Declarations Pilot Guidance to implement such a program.

    1 Public Law 113-2, § 1110.

    The proposed guidance does not have the force or effect of law.

    FEMA seeks comment on the proposed guidance, which is available online at http://www.regulations.gov in docket ID FEMA-2013-0006. Based on the comments received, FEMA may make appropriate revisions to the proposed guidance. Although FEMA will consider any comments received in the drafting of the final policy, FEMA will not provide a response to comments document. When or if FEMA issues a final policy, FEMA will publish a notice of availability in the Federal Register and make the final guidance available at http://www.regulations.gov. The final guidance will not have the force or effect of law.

    Authority:

    Pub. L. 113-2.

    Dated: December 30, 2015. W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-00173 Filed 1-7-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2005-21866] Intent To Request Renewal From OMB of One Current Public Collection of Information: Enhanced Security Procedures at Ronald Reagan Washington National Airport AGENCY:

    Transportation Security Administration (TSA), DHS.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0035, abstracted below, that we will submit to the OMB for renewal in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection requires General Aviation (GA) aircraft operators who wish to fly into and out of Ronald Reagan Washington National Airport (DCA) to designate a security coordinator and adopt a DCA Access Standard Security Program (DASSP).

    DATES:

    Send your comments by March 8, 2016.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    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

    OMB Control No. 1652-0035; Enhanced Security Procedures at Ronald Reagan Washington National Airport (DCA). TSA is seeking approval to renew this collection of information.

    TSA requires GA aircraft operators who wish to fly into and out of DCA to designate a security coordinator and adopt the DASSP. Once aircraft operators have adopted the DASSP, the operators must request a tentative slot reservation from the Federal Aviation Administration (FAA) and request authorization from TSA to fly into or out of DCA. This information is collected under OMB control number 1652-0033 TSA Airspace Waiver Program. If TSA approves the flight, TSA will transmit that information to FAA.

    The DASSP application collects basic information about the applicant, the aircraft operator, and the security coordinator that the operator wishes to designate, as well as the identifier of the airport used as a base of operation and whether the operator presently complies with a TSA Standard Security Program.

    TSA also requires individuals designated as security coordinators and flight crewmembers assigned to duty on a GA aircraft into and out of DCA to submit fingerprints for a Criminal History Records Check (CHRC). In addition, GA aircraft operator must also maintain CHRC records of all employees and authorized representative for which a CHRC has been completed. These records must be made available to TSA upon request.

    TSA estimates a total of 4,887 respondents annually. The total number of annual burden hours is estimated to be 5,547 hours per year.

    Dated: January 4, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-00175 Filed 1-7-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification 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), Office of Management and Budget (OMB) control number 1652-0043, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). 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 October 26, 2015, 80 FR 65237. The collection involves a certification form that applicants for the Federal Air Marshal positions are required to complete regarding their mental health history.

    DATES:

    Send your comments by February 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: Office of Law Enforcement/Federal Air Marshal Service Mental Health Certification.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0043.

    Forms(s): TSA Form 1164.

    Affected Public: Law Enforcement Officers/Air Marshal Applicants.

    Abstract: TSA policy requires that applicants for Federal Air Marshal (FAM) positions meet certain medical standards, including whether the individual has an established medical history or clinical diagnosis of psychosis, neurosis, or any other personality or mental disorder that clearly demonstrates a potential hazard to the performance of FAM duties or the safety of self or others. Information collected would be used to assess the eligibility and suitability of FAM applicants.

    Number of Respondents: 600.

    Estimated Annual Burden Hours: An estimated 600 hours annually.

    Dated: January 4, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-00154 Filed 1-7-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: TSA Airspace Waiver Program 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), Office of Management and Budget (OMB) control number 1652-0033, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). 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 September 1, 2015, 80 FR 52780. This collection of information allows TSA to conduct security threat assessments on individuals who are included in requests to operate in restricted airspace pursuant to an airspace waiver.

    DATES:

    Send your comments by February 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: TSA Airspace Waiver Program.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0033.

    Forms(s): N/A.

    Affected Public: Aircraft operators, passengers, and crewmembers.

    Abstract: The airspace waiver program allows U.S. and foreign general aviation aircraft operators to apply for approval to operate in U.S. restricted airspace, including over flying the United States and its territories. TSA collects certain information from the aircraft operator concerning the proposed flight and aircraft as well as identifying information for all pilots, crewmembers and passengers, who will be onboard the aircraft operated in restricted airspace in order to perform a security threat assessment on each individual.

    Number of Respondents: 9,134.

    Estimated Annual Burden Hours: An estimated 7,099 hours annually.

    Dated: January 4, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-00155 Filed 1-7-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5907-N-02] Federal Property Suitable as Facilities To Assist the Homeless AGENCY:

    Office of the Assistant Secretary for Community Planning and Development, HUD.

    ACTION:

    Notice.

    SUMMARY:

    This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless.

    FOR FURTHER INFORMATION CONTACT:

    Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

    SUPPLEMENTARY INFORMATION:

    In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in National Coalition for the Homeless v. Veterans Administration, No. 88-2503-OG (D.D.C.).

    Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, and suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency's needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless.

    Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to: Ms. Theresa M. Ritta, Chief Real Property Branch, the Department of Health and Human Services, Room 5B-17, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857, (301)-443-2265 (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581.

    For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable.

    For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available.

    Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Ann Marie Oliva at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the Federal Register, the landholding agency, and the property number.

    For more information regarding particular properties identified in this Notice (i.e., acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: AGRICULTURE: Ms. Debra Kerr, Department of Agriculture, Reporters Building, 300 7th Street SW., Room 300, Washington, DC 20024, (202)- 720-8873; COE: Mr. Scott Whiteford, Army Corps of Engineers, Real Estate, CEMP-CR, 441 G Street NW., Washington, DC 20314; (202) 761-5542; INTERIOR: Mr. Michael Wright, Acquisition & Property Management, Department of the Interior, 3960 N. 56th Ave. #104, Hollywood, FL. 33021; (443) 223-4639 (These are not toll-free numbers).

    Dated: December 30, 2015. Brian P. Fitzmaurice, Director, Division of Community Assistance, Office of Special Needs Assistance Programs. TITLE V, FEDERAL SURPLUS PROPERTY PROGRAM FEDERAL REGISTER REPORT FOR 01/08/2016 Suitable/Available Properties Building Arkansas 2 Structures Blue Mountain Lake Field Office CESWL-OP-NB-B Havana AR 72842 Landholding Agency: COE Property Number: 31201540004 Status: Underutilized Directions: Waveland Park Vault Toilet, BLUMTN-43365, 16′x10′8″ Tower Heights Park, Vault Toilet, BLUMTN-43347, 10′8″x24′ Comments: Deteriorated/decay; will require substantial repairs; contact COE for more information 2 Structures Blue Mountain Lake Field Office CESWL-OP-NB-B Plainview AR 72842 Landholding Agency: COE Property Number: 31201540005 Status: Underutilized Directions: Fish Cleaning Station with canopy, NIMROD-44953, 144 sq. ft.; Fish Cleaning Station with canopy, NIMROD-44942 Comments: Deteriorated/decay; will require substantial repairs; contact COE for more information Louisiana Cooler Building (29-0007-John) 255 Turnage Rd. (31*10′46.0″N92*40′38.1″W) Elmer LA 71424 Landholding Agency: Agriculture Property Number: 15201540005 Status: Excess Comments: off-site removal only; 384 sq. ft.; storage; new roofing/siding needed; contact Agriculture for more information Oil House Building (29-0003-John); 255 Turnage Rd (31*10′46.0″N92*40′38.1″W) Elmer LA 71424 Landholding Agency: Agriculture Property Number: 15201540006 Status: Excess Comments: off-site removal only; 384 sq. ft.; storage; new roofing/siding needed; contact Agriculture for more information Pesticide Storage (29-0026-John); 255 Turnage Rd. (31*10′46.0N92*40′38.1″W) Elmer LA 71424 Landholding Agency: Agriculture Property Number: 15201540007 Status: Excess Comments: off-site removal only; 192 sq. ft.; new roofing/siding needed; contact Agriculture for more information Mississippi FHA Insect Study Housing (20-0018-HAR); 23332 Success Rd. (30*37′38″N89*02′54″W) Saucier MS 39547 Landholding Agency: Agriculture Property Number: 15201540008 Status: Excess Comments: off-site removal only; 3,200 sq. ft.; removal difficult due to size/type; inadequately insulated; no heating source; contact Agriculture for more information Vermont Tract #1-205-30, Bartlett House; Appalachian National Scenic Trail; 563 Bartlett Brook Rd. Pomfret VT 05067 Landholding Agency: Interior Property Number: 61201540005 Status: Excess Comments: off-site removal only; 900 sq. ft.; structurally sound; boarded up; contact Interior for more information Unsuitable Properties Building California Vogelsang Backpacker's Camp Composting Toilet Yosemite National Park Yosemite CA 95389 Landholding Agency: Interior Property Number: 61201540007 Status: Unutilized Directions: The Vogelsang High Sierra Camp is a 7 mile hike from Tuolumne Meadows near Tioga Pass CA State Rte. 120 Comments: Documented deficiencies: Severe rodent infestation and transmission of the hantavirus is significantly probable; clear threat to physical safety Reasons: Extensive deterioration Emergency Services Shed Yosemite National Park 9034 Village Dr. Yosemite Valley CA 95389 Landholding Agency: Interior Property Number: 61201540008 Status: Excess Comments: Documented deficiencies: Significant rot to the foundation posts and framing; clear threat to physical safety Reasons: Extensive deterioration Minnesota Marshland Visitor Center Saint Croix National Scenic Riverway; 15975 State Highway 70 Pine City MN 55063 Landholding Agency: Interior Property Number: 61201540009 Status: Unutilized Comments: Documented deficiencies: Severe rodent infestation and transmission of hantavirus is probable; clear threat to physical safety Reasons: Extensive deterioration Vermont 4 Buildings Appalachian National Scenic Trail 563 Bartlett Brook Rd. Pomfret VT 05067 Landholding Agency: Interior Property Number: 61201540006 Status: Excess Directions: Bartlett Barn, Bartlett Calf House, Milkhouse, Bartlett Sugarhouse Comments: Documented deficiencies: Structurally unsound; extremely dilapidated conditions; clear threat to physical safety Reasons: Extensive deterioration
    [FR Doc. 2015-33189 Filed 1-7-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R5-R-2015-N216; BAC-4333-99] Chincoteague National Wildlife Refuge and Wallops Island National Wildlife Refuge, Accomack County, VA; Record of Decision for Final Environmental Impact Statement AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; final comprehensive conservation plan and record of decision.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final comprehensive conservation plan (CCP) and record of decision (ROD) for Chincoteague National Wildlife Refuge (NWR) and Wallops Island NWR. We prepared this ROD pursuant to the National Environmental Policy Act of 1969 (NEPA) and its implementing regulations. The Service is furnishing this notice to advise the public and other agencies of our decision and of the availability of the ROD.

    DATES:

    The ROD was signed on November 6, 2015.

    ADDRESSES:

    You may view or obtain copies of the final CCP and ROD by any of the following methods.

    Agency Web site: Download a copy of the document at http://www.fws.gov/refuge/Chincoteague/what_we_do/conservation.html.

    Email: Send requests to [email protected] Include “Chincoteague NWR” in the subject line of your email.

    U.S. Mail: Thomas Bonetti, Natural Resource Planner, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, MA 01035.

    In-Person Viewing or Pickup: Visit during regular business hours at refuge headquarters, 8231 Beach Road, Chincoteague Island, VA 23336.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Bonetti, Natural Resource Planner, 413-253-8307 (phone); [email protected] (email).

    SUPPLEMENTARY INFORMATION: Introduction

    With this notice, we finalize the CCP process for Chincoteague NWR and Wallops Island NWR. We began this process through a notice of intent in the Federal Register (75 FR 57056) on September 17, 2010. For more about the initial process and the history of the refuges, see that notice. On May 15, 2014, we announced the release of the draft CCP/Environmental Impact Statement (EIS) to the public and requested comments in a notice of availability in the Federal Register (79 FR 27906). We subsequently extended the public comment period in another notice in the Federal Register (79 FR 41300) on July 15, 2014. We released the final CCP/EIS for public review on September 11, 2015 (80 FR 54799).

    In the draft and final CCP/EIS, we evaluated three alternatives for managing the refuge and completed a thorough analysis of the environmental, social, and economic considerations of each alternative. Based on comments received on the draft CCP/EIS, we made minor modifications to alternative B, the Service's preferred alternative in the final CCP/EIS. During the public review period for the final CCP/EIS, we did not receive any comments that raised significant new issues, resulted in changes to our analysis, or warranted any further changes to alternative B.

    In accordance with NEPA (40 CFR 1506.6(b)) requirements, this notice announces our decision to select alternative B for implementation and the availability of the ROD and final CCP for Chincoteague NWR and Wallops Island NWR. The final CCP will guide our management and administration of the refuges over the next 15 years.

    Background

    The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) (Refuge Administration Act), as amended by the National Wildlife Refuge System Improvement Act of 1997, requires us to develop a CCP for each NWR. The purpose for developing a CCP is to provide refuge managers with a 15-year plan for achieving refuge purposes and goals and contributing to the mission of the National Wildlife Refuge System (Refuge System). CCPs should be consistent with sound principles of fish and wildlife management, conservation, legal mandates, and our policies, as well as respond to key issues and public concerns. In addition to outlining broad management direction on conserving wildlife and their habitats, CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. We will review and update the CCP at least every 15 years, in accordance with the Refuge Administration Act.

    CCP Alternatives

    During the scoping phase of the planning process, we identified issues and concerns based on input from the public, State or Federal agencies, other Service programs, and our planning team. We developed refuge management alternatives to address issues; help achieve refuge goals, objectives, and purposes; and support the Refuge System mission. Our draft CCP/EIS (79 FR 27906) and final CCP/EIS (80 FR 54799) fully analyze three alternatives for the future management of the refuge: (1) Alternative A, Current Management; (2) Alternative B, Balanced Approach; and (3) Alternative C, Reduced Disturbance. Alternative A satisfies the NEPA requirement of a “No Action” alternative. Both the draft and final plans identify alternative B as the Service-preferred alternative. Please refer to the final CCP/EIS for more details on each of the alternatives.

    Basis for Selected Alternative

    Our decision is to adopt alternative B, as described in the final CCP. We provide a brief summary of our decision below. For the full basis of our decision, please see the ROD (see ADDRESSES).

    The decision to adopt alternative B for implementation was made after considering the follow factors: (1) The impacts identified in Chapter 4, Environmental Consequences, of the draft and final CCP/EIS; (2) The results of public and agency comments; (3) How well the alternative achieves the stated purpose and need for a CCP and the seven goals presented in the final CCP/EIS chapter 1; (4) How well the alternative addresses the relevant issues, concerns, and opportunities identified in the planning process; and (5) Other relevant factors, including fulfilling the purposes for which the refuge was established, contributing to the mission and goals of the Refuge System, and statutory and regulatory guidance.

    Compared to the other two alternatives, alternative B includes the suite of actions that best meet the factors above using the most balanced and integrated approach, and with due consideration for both the biological and human environment. Alternative B will best fulfill the CCP's biological goals, by managing for particular Federal trust species and habitats that are of regional conservation concern. It clearly defines which Federal trust species and habitat will be a management priority in both uplands and wetlands, and details specific objectives and strategies for their management. The refuge's establishment purposes emphasize the conservation of migratory birds; thus, protecting the biological integrity, diversity, and environmental health of Chincoteague NWR and its habitat and wildlife, particularly migratory birds, is paramount.

    In summary, we selected alternative B for implementation because it best meets the factors identified above when compared to alternatives A and C. Alternative B provides the greatest number of opportunities for Chincoteague NWR and Wallops Island NWR to contribute to the conservation of fish, wildlife, and habitat in the Region, will increase the capacity of the refuges to meet their purposes and contribute to the Refuge System mission, and will provide the means to better respond to changing ecological conditions within the surrounding environment.

    Public Availability of Documents

    You can view or obtain the final CCP and ROD as indicated under ADDRESSES.

    Dated: December 9, 2015. Wendi Weber, Regional Director, Northeast Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2016-00176 Filed 1-7-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag AGENCY:

    Bureau of Indian Affairs.

    ACTION:

    Notice of Reservation Proclamation.

    SUMMARY:

    This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 321.34 acres, more or less, as the initial reservation of the Mashpee Wampanoag Tribe on December 30, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharlene Round Face, Bureau of Indian Affairs, Division of Real Estate Services, MS-4642-MIB, 1849 C Street NW., Washington, DC 20240, at (202) 208-3615.

    SUPPLEMENTARY INFORMATION:

    This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual.

    A proclamation was issued according to the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 467) for the lands described below. The land was proclaimed to be the Mashpee Wampanoag Reservation of the Mashpee Wampanoag Tribe. The approximate acreages described below are those identified in Attachment I of the Record of Decision signed by the Assistant Secretary—Indian Affairs on September 18, 2015.

    Parcel 1—213 Sampsons Mill Road (Assessor's Parcel 63-10-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the east side of Quippish Road, and the south side of Sampsons Mill Road more particularly shown as Lot 6 on a plan entitled “Plan of Land in Mashpee, Mass. Jill Slaymaker in Mashpee, Ma. Scale 1″ = 100′, Date March 22, 1985” prepared by Edward E. Kelley Reg. Land Surveyor and recorded in Barnstable County Registry of Deeds, Plan Book 401 Page 97. Bounded and described as follows:

    Beginning at a concrete bound at the intersection of Quippish Road and Linwood Street and the southwesterly corner of the parcel herein described;

    Thence N 01°28′19″ W along the easterly sideline of Quippish Road a distance of 258.98 feet to a concrete bound;

    Thence N 14°02′10″ W along the easterly sideline of Quippish Road on a distance of 209.57 feet to a concrete bound;

    Thence N 20°57′57″ W along the easterly sideline of Quippish Road a distance of 266.53 feet to a point near a concrete bound disturbed at the land now or formerly of Willowbend Community Trust;

    Thence N 68°19′49″ E along land now or formerly of Willowbend Community Trust a distance of 335.86 feet to a concrete bound;

    Thence N 18°23′09″ W along land now or formerly of Willowbend Community Trust a distance of 391.81 feet to a concrete bound at the easterly sideline of Quippish Road;

    Thence N 18°23′09″ W along the easterly sideline of Quippish Road a distance of 355.84 feet to a mag nail set at the southerly sideline of Sampsons Mill Road;

    Thence S 70°51′50″ E along the southerly sideline of Sampsons Mill Road a distance of 528.32 feet to a concrete bound at the point of curvature;

    Thence easterly along the southerly sideline of Sampsons Mill Road a curve to the left having a radius of 191.36 feet, an arc distance of 132.25 feet, a chord bearing N 89°20′15″ E and a chord length of 129.63 feet to point of tangency;

    Thence N 69°32′13″ E along the southerly sideline of Sampsons Mill Road a distance of 195.68 feet to a point of curvature;

    Thence easterly along the southerly sideline of Sampsons Mill Road a curve to the right having a radius of 171.59 feet, an arc distance of 120.46 feet, a chord bearing N 89°38′54″ E and a chord length of 118.00 feet to point of tangency;

    Thence S 70°14′27″ E along the southerly sideline of Sampsons Mill Road a distance of 114.00 feet to the medial line of the Santuit River;

    Thence numerous courses along the medial line of Santuit River;

    Thence S 26°12′29″ W along the medial line of the Santuit River a distance of 21.27 feet to a point;

    Thence S 06°37′27″ E along the medial line of the Santuit River a distance of 98.31 feet to a point;

    Thence S 49°39′30″ W along the medial line of the Santuit River a distance of 40.85 feet to a point;

    Thence S 38°48′36″ W along the medial line of the Santuit River a distance of 43.45 feet to point;

    Thence S 30°48′45″ E along the medial line of the Santuit River a distance of 27.64 feet to a point;

    Thence S 53°29′40″ E along the medial line of the Santuit River a distance of 31.73 feet to a point;

    Thence S 29°39′25″ E along the medial line of the Santuit River a distance of 73.97 feet to a point;

    Thence S 05°07′08″ W along the medial line of the Santuit River a distance of 81.61 feet to a point;

    Thence S 19°19′45″ W along the medial line of the Santuit River a distance of 55.78 feet to a point;

    Thence S 14°31′54″ E along the medial line of the Santuit River a distance of 146.35 feet to a point;

    Thence S 27°27′03″ E along the medial line of the Santuit River a distance of 94.14 feet to a point;

    Thence S 51°23′03″ E along the medial line of the Santuit River a distance of 56.47 feet to a point;

    Thence S 08°58′54″ E along the medial line of the Santuit River a distance of 48.95 feet to a point;

    Thence S 01°59′19″ E along the medial line of the Santuit River a distance of 49.82 feet to a point;

    Thence S 20°26′08″ E along the medial line of the Santuit River a distance of 34.79 feet to a point;

    Thence S 07°02′20″ E along the medial line of the Santuit River a distance of 34.79 feet to a point;

    Thence S 11°59′37″ W along the medial line of the Santuit River a distance of 65.43 feet to a point;

    Thence S 56°08′09″ W along the medial line of the Santuit River a distance of 88.60 feet to a point;

    Thence S 13°17′42″ W along the medial line of the Santuit River a distance of 102.68 feet to a point;

    Thence S 49°39′30″ W along the medial line of the Santuit River a distance of 18.15 feet to a point;

    Thence S 02°26′46″

    Thence S 30°57′53″ E along the medial line of the Santuit River a distance of 33.53 feet to a point at the land now or formerly of the Town of Mashpee Conservation Commission;

    Thence S 75°43′36″ W along land now or formerly of the Town of Mashpee Conservation Commission a distance of 314.40 feet to a concrete bound;

    Thence S 75°43′36″ W along land now or formerly of the Town of Mashpee Conservation Commission and along an undeveloped way know as Linwood Street, all being land of the Town of Mashpee Conservation Commission, a distance of 300.03 feet to a concrete bound at the sideline of Linwood Street;

    Thence S 75°43′36″ W along the northerly sideline of Linwood Street a distance of 417.21 feet to a concrete bound at the easterly sideline of Quippish Road, being the Point of Beginning.

    The above parcel contains 29.92 +/− acres.

    For Grantor's title see deed dated February 7, 2013 from Maushop L.L.C. and recorded in the Barnstable Registry of Deeds in Book 27116, Page 35.

    Parcel 2—17 Mizzenmast (Assessor's Parcel 125-238-0-E)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee, on the east side of Mizzenmast more particularly shown as shown as Lot 80 Land Court Plan 35464-b (Sheet 7) filed in Land Registration Office, Barnstable County Registry of Deeds with a Certificate of Title Number 165381 bounded and described as follows:

    Beginning at a concrete bound at the southwesterly corner of the parcel herein described and the land now or formerly of new Seabury Properties, LLC;

    Thence N 09°08′29″ E along land now or formerly of new Seabury Properties, LLC a distance of 57.00 feet to a bound at the land now or formerly of Paul;

    Thence N 59°24′39″ E along land now or formerly of Paul a distance of 188.63 feet to a concrete bound at the easterly sideline of Mizzenmast;

    Thence southerly along the easterly sideline of Mizzenmast a curve to the right, having a radius of 547.59 feet, an arc distance of 118.00 feet, with a chord bearing S 8°45′36″ E and a chord length of 117.77 feet to a concrete bound at the land now or formerly of Garber;

    Thence S 79°16′28″ W along land now or formerly of Garber a distance of 192.74 feet to the Point of Beginning.

    The above described parcel contains 15,727 +/− s.f. or 0.3610 +/− acres.

    Parcel 3—56 Uncle Percy's Road (Assessor's Parcel 117-173-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee, on the south side of Uncle Percy's Road more particularly shown as Lot 15 (Block 10) Land Court Plan 11408-I filed in Land Registration Office, Barnstable County Registry of Deeds with a Certificate of Title Number 157612. Bounded and described as follows:

    Beginning at a concrete bound along the southerly sideline of Uncle Percy's Road at the westerly corner of the parcel herein described and at the land now or formerly of Tucchio;

    Thence N 45°15′00″ E along the southerly sideline of Uncle Percy's Road a distance 65.00 feet to a concrete bound at the land now or formerly of Mainberger, Trustee;

    Thence S 44°45′00″ E along land now or formerly of Mainberger, Trustee a distance of 100.00 feet to a concrete bound at the land now or formerly of Romanski;

    Thence S 45°15′00″ W along land now or formerly of Romanski and Brossi a distance of 65.00 feet to a point at the land now or formerly of Tucchio;

    Thence N 44°45′00″ W along land now or formerly of Tucchio a distance of 100.00 feet to the southerly sideline of Uncle Percy's Road and the Point of Beginning.

    The above described parcel contains 6,500 s.f. or 0.1492 +/− acres.

    Parcel 4—Great Neck Road South (Assessor's Parcel 99-38-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the west side of Great Neck Road South more particularly shown on a plan entitled “Plan of Land in Mashpee, Mass. Prepared for Duck Pond Limited Partnership. Scale 1″ = 50′, dated February 13, 2007” prepared by Holmes and McGrath, Inc. and recorded in Barnstable County Registry of Deeds, Plan Book 618 Page 13. Bounded and described as follows:

    Beginning at a concrete bound at the northeasterly corner of the parcel herein described and at the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc.;

    Thence S 70°00′00″ E along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. A distance of 180.00 feet to a point;

    Thence S 24°54′00″ E along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. A distance of 93.07 feet to a point;

    Thence S 01°00′00″ W along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. A distance of 75.00 feet to a concrete bound;

    Thence S 13°55′00″ W along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. A distance of 190.01 feet to a point at the land now or formerly of Mashpee Commons LP;

    Thence N 84°57′25″ W along the land now or formerly of Mashpee Commons LP a distance of 282.36 feet to a concrete bound;

    Thence N 84°57′25″ W along the land now or formerly of Mashpee Commons LP a distance of 500.11 feet to a concrete bound;

    Thence N 84°57′25″ W along the land now or formerly of Mashpee Commons LP a distance of 244.03 feet to a point near a concrete bound at land now or formerly of the Mashpee Wampanoag Tribal Council, Inc.;

    Thence N 14°32′19″ E along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc.; a distance of 395.00 feet to a concrete bound;

    Thence S 84°57′43″ E along the land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 765.00 feet to a concrete bound being the Point of Beginning.

    The above parcel contains 8.88 +/− acres

    For Grantor's title see deed dated June 12, 2007 from Duck Pond Limited Partnership and recorded in the Barnstable Registry of Deeds in Book 22104, Page 110.

    Parcel 5—483 Great Neck Road South (Assessor's Parcel 95-7-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the west side of Great Neck Road South more particularly shown on a plan entitled “Plan of Land in Mashpee, Mass. Prepared for the Mashpee Wampanoag Indian Tribal Council, Inc. Scale 1″ = 100′, dated June 6/3/15” prepared by Cape & Islands Engineering, Inc. To be recorded in Barnstable County Registry of Deeds; bounded and described as follows:

    Beginning at a Mashpee road bound along the westerly sideline of Great Neck Road South;

    Thence S 19°26′15″ W along the westerly sideline of Great Neck Road South a distance of 220.76 feet to a point of curvature near a disturbed concrete bound;

    Thence southerly along the westerly sideline of Great Neck Road South a curve to the left having a radius of 4055.79 feet, an arc distance of 249.01 feet, a chord bearing S 17°40′43″ W and a chord length of 248.97 feet to a point at the land now or formerly of Mashpee Commons LP;

    Thence N 84°57′25″ W along land now or formerly Mashpee Commons LP a distance of 265.00 feet to a point at land now or formerly of the Mashpee Wampanoag Tribal Council;

    Thence N 13°55′00″ E along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 190.01 feet to a concrete bound;

    Thence N 01°00′00″ E along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 75.00 feet to a point;

    Thence N 24°54′00″ W along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 93.07 feet to a point;

    Thence N 70°00′00″ W along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 180.00 feet to a concrete bound;

    Thence N 84°57′43″ W along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 765.00 feet to a concrete bound;

    Thence S 14°32′19″ W along land now or formerly of the Mashpee Wampanoag Tribal Council, Inc. a distance of 395.00 feet to a point near a concrete bound at the land now or formerly of Mashpee Commons LP;

    Thence N 84°57′25″ W along land now or formerly of the Mashpee Commons LP a distance of 256.07 feet to a broken concrete bound;

    Thence N 84°57′25″ W along land now or formerly of the Mashpee Commons LP a distance of 499.97 feet to a concrete bound;

    Thence N 84°57′25″ W along land now or formerly of the Mashpee Commons LP a distance of 500.00 feet to a concrete bound at the northerly sideline of Holland Mill Road;

    Thence N 6°32′16″ E along Holland Mill Road so called a distance of 8.04 feet to a point;

    Thence N 58°32′13″ W along the northerly sideline of Holland Mill Road a distance of 342.16 feet to a concrete bound;

    Thence N 75°30′32″ W along the northerly sideline of Holland Mill Road a distance of 95.19 feet to a concrete bound;

    Thence N 83°41′49″ W along the northerly sideline of Holland Mill Road a distance of 90.76 feet to a concrete bound online and thence continuing 12.90 feet to a point at the easterly sideline of Great Hay Road;

    Thence N 10°25′26″ E along the easterly sideline of Great Hay Road a distance of 96.00 feet to a point;

    Thence N 12°38′07″ E along the easterly sideline of Great Hay Road a distance of 149.30 feet to a point;

    Thence N 10°23′37″ E along the easterly sideline of Great Hay Road a distance of 98.12 feet to a point of curvature;

    Thence northerly along the easterly sideline of Great Hay Road a curve to the left having a radius of 412.75 feet, an arc distance of 98.07 feet, a chord bearing N 3°53′22″ E and a chord length of 97.84 feet to a point of tangency;

    Thence N 2°55′03″ W along the easterly sideline of Great Hay Road a distance of 125.15 feet to a point;

    Thence N 0°35′42″ E along the easterly sideline of Great Hay Road a distance of 49.42 feet to a point of curvature;

    Thence northerly along the easterly sideline of Great Hay Road a curve to the left having a radius of 404.20 feet, an arc distance of 208.01 feet, a chord bearing N 14°08′53″ W and a chord length of 205.72 feet to a point of tangency;

    Thence N 28°53′28″ W along the easterly sideline of Great Hay Road a distance of 49.10 feet to a point at the land now or formerly (n/f) of the Town of Mashpee Conservation Commission;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 10.11 feet to a broken concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 1216.01 feet to a broken concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 352.06 feet to a concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 125.83 feet to a concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 484.05 feet to a concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 405.76 feet to a concrete bound;

    Thence S 82°18′33″ E along land n/f of the Town of Mashpee Conservation Commission a distance of 500.19 feet to a concrete bound;

    Thence S 82°18′33″ E along land now or formerly of the Town of Mashpee Conservation Commission a distance of 159.99 feet to a point near a concrete bound at the westerly sideline of Great Neck Road South;

    Thence S 04°15′00″ E along the westerly sideline of Great Neck Road South a distance of 43.97 feet to a point of curvature;

    Thence southerly along the westerly sideline of Great Neck Road South a curve to the right having a radius of 914.51 feet, an arc distance of 378.08 feet, a chord bearing S 7°35′38″ W and a chord length of 375.39 feet to a Mashpee Road bound being the Point of Beginning

    The above parcel contains 57.94 +/− acres

    Parcel 6—414 Main Street (Assessor's Parcel 35-30-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the south side of Main Street more particularly shown as shown as parcel 35 30 0 on the Town of Mashpee Assessors Maps, and is shown as parcel labeled Town of Mashpee on a plan entitled “Plan of Land in Mashpee, Mass. As surveyed for Bonnie MacCarthy, Scale 1 in. = 40 ft., May 11, 1973, Nickerson & Berger, Inc. Engineers,” recorded with the Barnstable County Registry of Deeds at Plan Book 273, Page 2. Bounded and described as follows:

    Beginning on the southerly sideline of Main Street at a concrete bound at the northwesterly corner of the parcel herein described and at the land now or formerly of the Commonwealth of Massachusetts;

    Thence S 74°26′15″ E by said Main Street a distance of 230.95 feet to a point on the westerly bank of the Mashpee River;

    Thence S 11°57′41″ W along the westerly bank of the Mashpee River a distance of 20.35 feet to a point;

    Thence S 11°35′07″ W along the westerly bank of the Mashpee River a distance of 18.16 feet to a point;

    Thence N 79°14′07″ W along the westerly bank of the Mashpee River a distance of 3.28 feet to a point;

    Thence S 06°00′37″ W along the westerly bank of the Mashpee River a distance of 34.71 feet to a point;

    Thence S 04°19′12″ W along the westerly bank of the Mashpee River a distance of 39.78 feet to a point;

    Thence S 56°36′27″ W along the westerly bank of the Mashpee River a distance of 3.97 feet to a point;

    Thence S 16°22′26″ E along the westerly bank of the Mashpee River a distance of 19.51 feet to a point;

    Thence S 01°45′28″ E along the westerly bank of the Mashpee River a distance of 10.40 feet to a point at the land now or formerly of the Commonwealth of Massachusetts;

    Thence N 65°57′45″ W along land now or formerly of the Commonwealth of Massachusetts a distance of 40.08 feet to a concrete bound;

    Thence N 65°57′45″ W along land now or formerly of the Commonwealth of Massachusetts a distance of 234.92 feet to a concrete bound;

    Thence N 25°22′55″ E along land now or formerly of the Commonwealth of Massachusetts a distance of 102.38 feet to the southerly sideline of Main Street and the Point of Beginning.

    The above described parcel contains 29,708 +/− s.f. or 0.6820 +/− acres.

    Parcel 7—41 Hollow Road (Assessor's Parcel 45-73-A-R)

    That certain parcel of land together with the buildings thereon located on the southerly side of Hollow Road in Mashpee, Barnstable County, Massachusetts, now known and numbered as 41 Hollow Road, described as follows:

    Beginning at a Point (P.O.B. “A”) at the southerly side of Hollow Road and the easterly side of Goodspeed's Meeting House Road. Said Point (P.O.B. “A”) lies N 54°53′10″ E a distance of 39.89 feet from a concrete bound with a drill hole found, thence:

    By the southerly line of Hollow Road S 54°11′06″ E a distance of 160.52 feet to a point, thence;

    By the southerly line of Hollow Road S 58°08′17″ E a distance of 267.94 feet to a concrete bound with a drill hole set at land of Mashpee Water District, thence;

    By land of Mashpee Water District along a non-tangent curve to the left, having a radius of 400.00 feet, an arc length of 1758.49 feet, and whose long chord bears S 78°30′33″ E a distance of 647.68 feet to a concrete bound with a drill hole set in the southerly line of Hollow Road, thence;

    By the southerly line of Hollow Road along a curve to the right, having a radius of 230.06 feet, an arc length of 207.20 feet, and whose long chord bears S 67°36′33″ E a distance of 200.27 feet to a point, thence;

    By the southerly line of Hollow Road S 41°48′27″ E a distance of 14.34 feet to a concrete bound with a drill hole set at land of Town of Mashpee Conservation Commission, thence;

    By land of Town of Mashpee Conservation Commission S 18°18′01″ W a distance of 665.60 feet to a concrete bound with a drill hole set at land of Mashpee Old Indian Meeting House Authority, Inc., thence;

    By land of Mashpee Old Indian Meeting House Authority, Inc. S 72°07′25″ W a distance of 411.20 feet to a point, thence;

    By land of Mashpee Old Indian Meeting House Authority, Inc. N 73°07′23″ W a distance of 301.99 feet to a point, thence;

    By land of Mashpee Old Indian Meeting House Authority, Inc. N 18°56′33″ W a distance of 614.52 feet to a point, thence;

    By land of Mashpee Old Indian Meeting House Authority, Inc. N 68°19′57″ W a distance of 287.36 feet to a point in the easterly line of Goodspeed's Meetinghouse Road, thence;

    By the easterly line of Goodspeed's Meetinghouse Road N 17°54′20″ E a distance of 217.36 feet to a point, thence;

    By the easterly line of Goodspeed's Meetinghouse Road N 24°06′17″ E a distance of 249.44 feet to the Point of Beginning.

    Parcel 73A contains 10.81 +/− acres.

    Parcel 8—410 Meetinghouse Road (Assessor's Parcel 61-58a-0-R)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the east side of Meetinghouse Road more particularly shown as Parcel 58A on a plan entitled “Plan of Land Prepared for Old Indian Meeting House Authority, Inc. Scale 1″ = 10′, date March 29, 2007” prepared by Holmes and McGrath Inc. and recorded in Barnstable County Registry of Deeds, Plan Book 625 page 8. Bounded and described as follows:

    Beginning at a concrete bound with nail located along the easterly sideline of Meetinghouse Road at the northeasterly corner of the parcel herein described and at the land now or formerly of the Mashpee Wampanoag Tribal Council Inc.;

    Thence S 5°22′15″ W along the easterly sideline of Meetinghouse Road a distance of 10.17 feet to a concrete bound with disk located on the easterly sideline of Meeting House Road;

    Thence easterly along the sideline of Meetinghouse Road on a curve to the left having a radius of 996.84 feet, an arc distance of 59.85 feet, a chord bearing S 3°39′02″ W and a chord length of 59.84 feet to a point located at the southwest corner of the parcel herein described;

    Thence S 73°12′45″ E along land now or formerly of Mashpee Wampanoag Tribal Council Inc. A distance of 86.92 feet to a point;

    Thence N 13°42′06″ E along land now or formerly of Mashpee Wampanoag Tribal Council Inc. A distance of 70.00 feet to a point marked by a concrete bound with a nail;

    Thence N 74°10′05″ W along land now or formerly of Mashpee Wampanoag Tribal Council Inc. A distance of 98.78 feet to a point marked by a concrete bound with a nail at the easterly sideline of Meetinghouse Road, being the Point of Beginning;

    The above parcel contains 6,447 +/− s.f. or 0.1480 +/− acres.

    For grantor's title see deed dated April 28, 2008 from the Town of Mashpee, acting by and through its Board of Selectmen, and recorded in the Barnstable Registry of Deeds in Book 22867, Page 31.

    Parcel 9—414 Meetinghouse Road (Assessor's Parcel 68-13a-0-E)

    Description of land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee on the west side of Falmouth Road, and the east side of Meetinghouse Road more particularly shown as Parcel 13B on a plan entitled “Plan of Land Prepared For Mashpee Wampanoag Tribe in Mashpee, MA. Scale 1″ = 80′, date May 16, 2008” prepared by Holmes and McGrath Inc. and recorded in Barnstable County Registry of Deeds, Plan Book 626 Page 4. Bounded and described as follows:

    Beginning near a concrete bound along the westerly sideline of Falmouth Road at the southeasterly corner of the parcel herein described and at the land now or formerly of the Town of Mashpee;

    Thence N 64°23′33″ W along land now or formerly of the Town of Mashpee a distance of 375.00 feet to a concrete bound on the easterly sideline of Meeting House Road;

    Thence easterly along the sideline of Meetinghouse Road on a curve to the right having a radius of 996.84 feet, an arc distance of 158.50 feet, a chord bearing N 2°37′29″ W and a chord length of 158.33 feet to a point;

    Thence S 73°12′45″ E along land now or formerly of Mashpee Wampanoag Tribal Council Inc. A distance of 86.92 feet to a point;

    Thence N 13°42′06″ E along land now or formerly of Mashpee Wampanoag Tribal Council Inc. A distance of 70.00 feet to a point marked by a concrete bound with a nail;

    Thence N 74°10′05″ W along land now or formerly of Mashpee Wampanoag Tribal Council Inc. a distance of 98.78 feet to a point marked by a concrete bound with a nail at the easterly sideline of Meetinghouse Road,

    Thence N 05°22′15″ E along the easterly sideline of Meetinghouse Road a distance of 186.63 feet to the a point of curvature;

    Thence along the easterly sideline of Meetinghouse Road a curve to the left having a radius of 1050.00 feet, an arc distance of 233.86 feet, a chord bearing N 1°00′35″ W and a chord length of 233.38 feet to a concrete bound at the land now or formerly of the Town of Mashpee;

    Thence N 73°02′52″ E along land of now or formerly Town of Mashpee a distance of 720.70 feet to a point marked by a concrete bound at the land now or formerly of Nancy D. Ellison and at the land of now or formerly of Scott Greenwood;

    Thence S 11°40′13″ E along lands of now or formerly of Greenwood, of Ainsworth and of Draggoo a distance of 381.13 feet to a rod with cap at the centerline of the way and at the land now or formerly Michael G. Miller;

    Thence S 60°17′07″ W along land now or formerly of Miller a distance 44.94 feet to a rod with cap;

    Thence S 50°37′58″ W along land now or formerly of Miller a distance of 44.45 feet to a rod with cap;

    Thence S 43°49′11″ W along land now or formerly of Miller a distance of 56.00 feet to a rod with cap;

    Thence S 41°13′45″ W along land now or formerly of Miller a distance of 44.85 feet to a rod with cap;

    Thence S 38°24′16″ W along land now or formerly of Miller a distance of 56.58 feet to a rod with cap;

    Thence S 23°27′46″ W along land now or formerly of Miller a distance of 113.79 feet to a rod with cap at the westerly sideline of Falmouth Road;

    Thence westerly along the sideline of Falmouth Road a curve to the left, radius of 2030.00 feet, an arc distance of 329.65 feet, a chord bearing S 31°18′19″ W and a chord length of 329.29 feet to a concrete bound at a point of tangency;

    Thence S 26°39′12″ W along the westerly sideline of Falmouth Road a distance of 102.33 feet to the Point of Beginning.

    The above parcel contains 501,486 +/− s.f. or 11.5125 +/− acres.

    For Grantor's title see deed dated May 19, 2008 from the Town of Mashpee, acting by and through its Board of Selectmen, and recorded in the Barnstable Registry of Deeds in Book 23010, Page 37.

    Parcel 10—431 Main Street (Assessor's Parcel 27-42-0-R)

    Description of the land in the Commonwealth of Massachusetts, County of Barnstable, Town of Mashpee, on the northerly side of Main Street more particularly shown as parcel 27 42 0 on the Town of Mashpee Assessors Maps, bounded and described as follows:

    Beginning at a broken concrete bound on the northerly sideline of Main Street at the southwesterly corner of the parcel herein described and at the land now or formerly of Mauro;

    Thence N 20°15′55″ E along land now or formerly of Mauro & Aselbekian a distance of 150.00 feet to a rod with a cap at the land now or formerly of Mashpee Shores Realty Trust;

    Thence N 20°15′55″ E along land now or formerly of Mashpee Shores Realty Trust a distance of 207.89 feet to a point at the land now or formerly of Wolf;

    Thence N 20°15′55″ E along land now or formerly of Wolf a distance of 70.00 feet to a concrete bound at the land now or formerly of Bortolotti;

    Thence S 76°03′10″ E along land now or formerly of Bortolotti a distance of 264.65 feet to a concrete bound at the land now or formerly of Peters;

    Thence S 29°16′14″ W along land of now or formerly of Peters a distance of 477.51 feet to a concrete bound at the northerly sideline of Main Street;

    Thence westerly along the northerly sideline of Main Street, on a curve to the right having a radius of 594.62 feet, an arc distance of 189.67 feet with a chord bearing N 65°17′58″ W and a chord length of 188.87 feet, to a broken concrete bound being the Point of Beginning.

    Above described parcel contains 102,177 s.f. or 2.3456 +/− acres.

    For Grantor's title see deed dated April 28, 2008 from the Town of Mashpee, acting by and through its Board of Selectmen, and recorded in the Barnstable Registry of Deeds in Book 22867, Page 26.

    Parcel 11—184 Meetinghouse Road (Assessor's Parcel 45-75-0-R)

    That certain parcel of land together with the buildings thereon located on the easterly side of Meetinghouse Road in Mashpee, Barnstable County, Massachusetts, now known and numbered as #184 Meetinghouse Road, described as follows:

    Beginning at a point (P.O.B. “B”) at the easterly side of Goodspeed's Meetinghouse Road and the easterly side of Meetinghouse Road. Said point (P.O.B. “B”) lies S 06°34′23″ E a distance of 64.36 feet from a concrete bound with a drill hole found, thence:

    By the easterly line of Goodspeed's Meetinghouse Road N 7°50′42″ E a distance of 157.70 feet to a point, thence;

    By the easterly line of Goodspeed's Meetinghouse Road N 22°53′12″ E a distance of 196.84 feet to a point, thence;

    By the easterly line of Goodspeed's Meetinghouse Road N 29°49′31″ E a distance of 257.97 feet to a point, thence;

    By the easterly line of Goodspeed's Meetinghouse Road N 17°54′20″ E a distance of 11.49 feet to a point at land of Mashpee Wampanoag Indian Tribal Council, Inc., thence;

    By land of Mashpee Wampanoag Indian Tribal Council, Inc. S 68°19′57″ E a distance of 287.36 feet to a point, thence;

    By land of Mashpee Wampanoag Indian Tribal Council, Inc. S 18°56′33″ E a distance of 614.52 feet to a point, thence;

    By land of Mashpee Wampanoag Indian Tribal Council, Inc. S 73°07′23″ E a distance of 301.99 feet to a point, thence;

    By land of Mashpee Wampanoag Indian Tribal Council, Inc. N 72°07′25″ E a distance of 411.20 feet to a concrete bound with a drill hole set at land of Town of Mashpee Conservation Commission, thence;

    By land of Town of Mashpee Conservation Commission N 53°00′36″ E a distance of 567.12 feet to a concrete bound with a drill hole set in the westerly line of Noisy Hole Road, thence;

    By westerly line of Noisy Hole Road along a non-tangent curve to the RIGHT, having a radius of 1095.10 feet, an arc length of 145.55 feet, and whose long chord bears S 30°06′07″ E a distance of 145.44 feet to a point, thence;

    By westerly line of Noisy Hole Road along a curve to the LEFT, having a radius of 2636.04 feet, an arc length of 435.63 feet, and whose long chord bears S 31°01′44″ E a distance of 435.13 feet to a point, thence;

    By westerly line of Noisy Hole Road along a curve to the RIGHT, having a radius of 2823.63 feet, an arc length of 197.19 feet, and whose long chord bears S 33°45′45″ E a distance of 197.15 feet to a point, thence;

    By westerly line of Noisy Hole Road S 31°45′43″ E a distance of 145.38 feet to a concrete bound with a drill hole set at land of Town of Mashpee Conservation Commission, thence;

    By land of Town of Mashpee Conservation Commission S 69°37′19″ W a distance of 2045.48 feet to a concrete bound with a drill hole set, thence;

    By land of Town of Mashpee Conservation Commission N 55°19′03″ W a distance of 34.35 feet to a concrete bound with a drill hole set in the easterly line of Meetinghouse Road, thence;

    By the easterly line of Meetinghouse Road along a non-tangent curve to the LEFT, having a radius of 1075.46 feet, an arc length of 342.37 feet, and whose long chord bears N 10°09′22″ W a distance of 340.93 feet to a concrete bound with a drill hole found, thence;

    By the easterly line of Meetinghouse Road N 19°16′34″ W a distance of 930.78 feet to the Point of Beginning.

    Parcel 75 contains 46.83 +/− acres.

    City of Taunton Bristol County, State of Massachusetts Tract 1—TDC—Lot 9

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the west side of O'Connell Way off of Stevens Street owned by the Taunton Development Corporation and shown as Assessor's Parcel 49 on Assessor's Map 118 and as Lot 9 on a plan by Field Engineering Co., Inc. entitled “Definitive Subdivision Plan of Land, Liberty and Union Industrial Park—Phase II” and revised dated 3/08/2006, recorded in Plan Book 446, Pages 34-36, bounded and described as follows:

    Beginning on the westerly sideline of O'Connell Way, at the most southeasterly corner of the lot to be described; said point being N 13°10′38″ W and 321.23 feet from a point of tangency in the westerly side line of O'Connell Way;

    THENCE S 76°49′22″ W along land now or formerly of Two Stevens LLC a distance of 225.11 feet to a point;

    THENCE N 20°56′02″ W along land now or formerly of Two Stevens LLC a distance of 547.76 feet to a point at Lot 14 and land now or formerly of Taunton Development Corporation (TDC);

    THENCE N 87°34′23” E along land now or formerly of TDC a distance of 186.89 feet to a point on a curve on the westerly side line of O'Connell Way;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 230.00 feet, an arc distance of 92.90 feet, a chord bearing S 30°45′02” E and a chord length of 92.27 feet to a point of tangency;

    THENCE S 42°19′18″ E along the westerly sideline of O'Connell Way a distance of 135.62 feet to a point of curvature;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 170.00 feet, an arc distance of 86.47 feet, a chord bearing S 27°44′58″ E and a chord length of 85.54 feet to a point of tangency;

    THENCE S 13°10′38″ E along the westerly side line of O'Connell Way a distance of 218.68 feet to the Point of Beginning;

    The above described lot contains 2.726 +/− acres.

    Tract 1—TDC—Lot 13

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the west side of O'Connell Way off of Stevens Street owned by the Taunton Development Corporation and shown as Assessor's Parcel 27 on Assessor's Map 108 and as Lot 13 on a plan by Field Engineering Co., Inc. entitled “Definitive Subdivision Plan of Land, Liberty and Union Industrial Park—Phase II” and revised dated 3/08/2006, recorded in Plan Book 458, Page 21, bounded and described as follows. (For the purposes of these drawings, the portion of the property boundary defined by the centerline of the Cotley River has been approximated by line segments with bearings and distances).

    Beginning on the westerly sideline of O'Connell Way, at the southerly corner of the lot to be described and point being the easterly corner of Lot 14 owned by Taunton Development Corporation (TDC);

    THENCE N 69°59′17″ W along land now or formerly of TDC (Lot 14) a distance of 749.99 feet to a point;

    THENCE S 19°57′56″ W along land now or formerly of TDC (Lot 14) a distance of 301.44 feet to a point and at land now or formerly of Two Stevens LLC;

    THENCE N 69°49′06″ W along land now or formerly of Two Stevens LLC a distance of 200.62 feet to a point also being the end point of a tie line;

    THENCE continuing in the same N 69°49′06″ W direction along land now or formerly of Two Stevens LLC a distance of 30.00 feet to the approximate centerline of the Cotley River;

    THENCE S 10°39′46″ W along the approximate centerline of Cotley River a distance of 110.86 feet;

    THENCE S 05°31′51″ E along the approximate centerline of Cotley River a distance of 43.77 feet;

    THENCE S 54°00′16″ E along the approximate centerline of Cotley River a distance of 31.07 feet;

    THENCE S 58°48′35″ E along the approximate centerline of Cotley River a distance of 35.99 feet;

    THENCE S 22°35′20″ E along the approximate centerline of Cotley River a distance of 27.33 feet;

    THENCE S 15°02′05″ E along the approximate centerline of Cotley River a distance of 115.27 feet;

    THENCE S 07°35′17″ W along the approximate centerline of Cotley River a distance of 30.90 feet;

    THENCE S 36°31′36″ W along the approximate centerline of Cotley River a distance of 36.78 feet;

    THENCE S 22°05′23″ W along the approximate centerline of Cotley River a distance of 37.53 feet;

    THENCE S 00°51′38″ E along the approximate centerline of Cotley River a distance of 102.63 feet;

    THENCE S 10°19′41″ E along the approximate centerline of Cotley River a distance of 132.84 feet to a point at land now or formerly of Douglas Porter Trustee;

    THENCE S 79°40′32″ W along land now or formerly of Douglas Porter Trustee a distance of 21.00 feet to a point also being the end point of a tie line;

    THENCE continuing in the same S 79°40′32″ W direction along land now or formerly of Douglas Porter Trustee a distance of 190.04 feet to a point on the easterly sideline of Massachusetts State Highway Route 24, Layout #3719;

    THENCE N 01°00′57″ E along said easterly sideline of Route 24 a distance of 438.59 feet to a Massachusetts Highway bound;

    THENCE N 45°35′25″ W along said easterly sideline of Route 24 a distance of 463.25 feet to a Massachusetts Highway bound;

    THENCE N 11°44′56″ E along said easterly sideline of Route 24 a distance of 862.24 feet to the southerly sideline of a railroad right of way owned now or formerly by the Commonwealth of Massachusetts;

    THENCE N 59°53′38″ E along the southerly sideline of the railroad right of way a distance of 239.15 feet to a point;

    THENCE S 68°51′04″ E along land now or formerly of James L. Read, Trustee a distance of 235.00 feet to a point at the land now or formerly of PR-Crossroads Commerce Center LLC;

    THENCE S 24°15′25″ E along land now or formerly of PR-Crossroads Commerce Center LLC a distance of 500.20 feet to a point;

    THENCE S 62°44′24″ E along land now or formerly of PR-Crossroads Commerce Center LLC a distance of 203.55 feet to a point;

    THENCE N 78°08′37″ E along land now or formerly of PR-Crossroads Commerce Center LLC a distance of 227.00 feet to a point;

    THENCE S 14°16′09″ E along land now or formerly of PR-Crossroads Commerce Center LLC a distance of 77.84 feet to a point on the cul-de-sac sideline of O'Connell Way;

    THENCE westerly and southerly along the sideline of O'Connell Way on a curve to the left having a radius 75.00 feet, an arc distance of 190.17 feet, a chord bearing S 21°30′01″ E and a chord length of 143.17 feet to a point of reverse curvature;

    THENCE easterly and southerly along the sideline of O'Connell Way on a curve to the right having a radius of 40.00 feet, an arc distance of 49.33 feet, a chord bearing S 58°48′43″ E and a chord length of 46.26 feet to a point of reverse curvature;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 330.00 feet, an arc distance of 93.55 feet, a chord bearing S 31°36′18″ E and a chord length of 93.23 feet to a point of tangency;

    THENCE S 39°43′33″ E along the westerly sideline of O'Connell Way a distance of 100.06 feet to a point of curvature;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 270.00 feet, an arc distance of 125.40 feet, a chord bearing S 26°25′15″ E and a chord length of 124.27 feet to the Point of Beginning.

    The above described lot contains 22.238 +/− acres.

    Tract 1—TDC—Lot 14

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the west side of O'Connell Way off of Stevens Street owned by the Taunton Development Corporation and shown as Assessor's Parcel 26 on Assessor's Map 108 and as Lot 14 on a plan by Field Engineering Co., Inc. entitled “Definitive Subdivision Plan of Land, Liberty and Union Industrial Park—Phase II” and revised dated 3/08/2006, recorded in Plan Book 446, Pages 34-36, bounded and described as follows:

    Beginning on the westerly sideline of O'Connell Way, at the most southeasterly corner of the lot to be described and point being the northeasterly corner of Lot 9 owned by Taunton Development Corporation (TDC);

    THENCE S 87°34′23″ W along land now or formerly of TDC (Lot 9), a distance of 186.89 feet to a point at land now or formerly of Two Stevens LLC;

    THENCE N 70°07′42″ W along land now or formerly of Two Stevens LLC a distance of 636.23 feet to a point;

    THENCE N 69 °49′06″ W along land now or formerly of Two Stevens LLC a distance of 46.27 feet to a point at land now or formerly of TDC (Lot 13);

    THENCE N 19 °57′56″ E along land now or formerly of TDC (Lot 13) a distance of 301.44 feet to a point;

    THENCE S 69°59′17″ E along land now or formerly of TDC (Lot 13) a distance of 749.99 feet to a point on the westerly sideline of O'Connell Way;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 270.00 feet, an arc distance of 59.38 feet, a chord bearing S 06°48′53″ E and a chord length of 59.27 feet to a point of tangency;

    THENCE S 00°30′50″ E along the westerly sideline of O'Connell Way a distance of 118.63 feet to a point of curvature;

    THENCE southerly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 230.00 feet, an arc distance of 74.93 feet, a chord bearing S 09°50′48″ E and a chord length of 74.60 feet to the Point of Beginning.

    The above described lot contains 5.473 +/− acres.

    Tract 1—TDC—North side Railroad 45 acres

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the south side of Middleboro Avenue and west side of Stevens Street owned by the Taunton Development Corporation and shown as Assessor's Parcel 156 on Assessor's Map 94 and as shown on a plan by Tibbetts Engineering Corp. entitled “Plan of Land”, Prepared for Taunton Development Corporation (TDC) dated 4/25/2002, recorded in Plan Book 406, Pages 66-68, bounded and described as follows. (For the purposes of these drawings, the portion of the property boundary defined by the centerline of the Cotley River or the westerly edge of Barstow's Pond has been approximated by line segments with bearings and distances).

    Beginning on the southerly sideline of Middleboro Avenue at the northwesterly corner of land now or formerly of Tracey and Troy Hixon;

    THENCE S 01°02′56″ W along land now or formerly of Hixon a distance of 166.30 feet to an angle point;

    THENCE S 04°39′04″ E along land now or formerly of Hixon a distance of 98.65 feet to a point;

    THENCE S 76°07′35″ E along land now or formerly of Hixon a distance of 106.06 feet to a point;

    THENCE S 73°49′19″ E along land now or formerly of Ray A. Nacaula and Donnelly a distance of 241.70 feet to a point at land now or formerly of Waterman;

    THENCE S 18°49′20″ W along land now or formerly of Waterman a distance of 151.72 feet to an iron pipe;

    THENCE N 85°34′00″ E along land now or formerly of Waterman a distance of 74.85 feet to an iron pipe at land now or formerly of Mora and Bell;

    THENCE S 09°35′20″ E along land now or formerly of Mora and Bell and land formerly of Oldfield but now of TDC a distance of 279.18 feet to a stone bound;

    THENCE N 85°33′36″ E along land formerly of Oldfield but now of TDC a distance of 304.45 feet to a point on the westerly sideline of Stevens Street;

    THENCE S 09°01′27″ E along the westerly sideline of Stevens Street a distance of 35.74 feet to a Massachusetts Highway bound;

    THENCE S 59°54′40″ W along the land now or formerly of the Commonwealth of Massachusetts a distance of 16.08 feet to a Massachusetts Highway bound;

    THENCE S 04°25′09″ E along the land now or formerly of the Commonwealth of Massachusetts a distance of 11.29 feet to a point along the northerly sideline of railroad right of way;

    THENCE S 59°53′38″ W along the northerly sideline of the railroad right of way a distance of 884.09 feet to an angle point;

    THENCE S 54°50′33″ W along the northerly sideline of the railroad right of way a distance of 187.40 feet to an angle point;

    THENCE S 59°53′38″ W along the northerly sideline of the railroad right of way a distance of 1299.46 feet to a point also being the end point of a tie line;

    THENCE continuing in the same direction S 59°53′38″ W along the northerly sideline of the railroad right of way a distance of 30.01 feet to the approximate centerline of the Cotley River channel;

    THENCE N 03°10′26″ E along the approximate centerline of the Cotley River channel a distance of 47.17 feet;

    THENCE N 33°36′32″ E along the approximate centerline of the Cotley River channel a distance of 113.25 feet;

    THENCE N 52°39′30″ E along the approximate centerline of the Cotley River channel a distance of 66.39 feet;

    THENCE N 09°47′41″ E along the approximate centerline of the Cotley River channel a distance of 173.55 feet;

    THENCE N 18°32′41″ W along the approximate centerline of the Cotley River channel a distance of 70.11 feet;

    THENCE N 25°28′18″ W along the approximate centerline of the Cotley River channel a distance of 105.43 feet;

    THENCE N 07°01′49″ W along the approximate centerline of the Cotley River channel a distance of 127.91 feet;

    THENCE N 33°55′21″ E along the approximate centerline of the Cotley River channel a distance of 103.89 feet;

    THENCE N 07°23′01″ W along the approximate centerline of the Cotley River channel a distance of 199.55 feet;

    THENCE N 13°51′57″ E along the approximate centerline of the Cotley River channel a distance of 64.35 feet;

    THENCE N 31°51′07″ E along the approximate centerline of the Cotley River channel a distance of 175.31 feet;

    THENCE N 21°19′23″ E along the approximate centerline of the Cotley River channel a distance of 142.74 feet;

    THENCE N 38°11′09″ E along the approximate centerline of the otley River channel a distance of 173.51 feet;

    THENCE N 63°56′17″ W a distance of 96.16 feet to the approximate westerly edge of Barstow's Pond;

    THENCE N 51°45′07″ E by the approximate westerly edge of Barstow's Pond a distance of 156.13 feet;

    THENCE N 65°12′52″ E by the approximate westerly edge of Barstow's Pond a distance of 162.77 feet;

    THENCE N 82°19′48″ E by the approximate westerly edge of Barstow's Pond a distance of 106.19 feet;

    THENCE N 35°36′23″ E by the approximate westerly edge of Barstow's Pond a distance of 22.65 feet;

    THENCE N 08°39′34″ W by the approximate westerly edge of Barstow's Pond a distance of 44.34 feet;

    THENCE N 17°22′26″ E by the approximate westerly edge of Barstow's Pond a distance of 48.53 feet;

    THENCE N 17°23′37″ W by the approximate westerly edge of Barstow's Pond a distance of 75.14 feet;

    THENCE N 03°05′14″ E by the approximate westerly edge of Barstow's Pond a distance of 41.87 feet;

    THENCE N 76°36′55″ E by the approximate westerly edge of Barstow's Pond a distance of 45.99 feet;

    THENCE S 37°12′19″ E by the approximate westerly edge of Barstow's Pond a distance of 46.41 feet;

    THENCE S 10°11′37″ E by the approximate westerly edge of Barstow's Pond a distance of 55.96 feet;

    THENCE S 15°09′39″ E by the approximate westerly edge of Barstow's Pond a distance of 35.95 feet;

    THENCE S 05°46′00″ E by the approximate westerly edge of Barstow's Pond a distance of 44.65 feet;

    THENCE S 81°38′17″ E by the approximate westerly edge of Barstow's Pond a distance of 27.39 feet;

    THENCE N 54°43′56″ E by the approximate westerly edge of Barstow's Pond a distance of 128.51 feet;

    THENCE N 01°46′23″ W by the approximate westerly edge of Barstow's Pond a distance of 113.99 feet;

    THENCE N 25°38′16″ E by the approximate westerly edge of Barstow's Pond a distance of 151.73 feet;

    THENCE N 74°41′23″ E by the approximate westerly edge of Barstow's Pond a distance of 106.65 feet;

    THENCE N 27°43′59″ E by the approximate westerly edge of Barstow's Pond a distance of 20.70 feet to a point near the dam;

    THENCE N 32°19′00″ E a distance of 110.00 feet to an iron pipe being the end point of a tie line and also being a point on a curve on the southerly sideline of Middleboro Avenue;

    THENCE easterly along the southerly sideline of Middleboro Avenue on a curve to the right having a radius of 1975.00 feet, an arc distance of 131.00 feet, a chord bearing S 68°43′59″ E and a chord length of 130.98 feet to a Massachusetts Highway bound;

    THENCE S 43°35′26″ E along the southerly sideline of Middleboro Avenue a distance of 17.94 feet to a Massachusetts Highway bound;

    THENCE S 55°00′28″ E along the southerly sideline of Middleboro Avenue a distance of 93.78 feet to at Massachusetts Highway bound;

    THENCE S 64°48′14″ E along the southerly sideline of Middleboro Avenue a distance of 35.92 feet to the Point of Beginning;

    The above described lot contains 45.222 +/− acres.

    Tract 1—TDC—Stevens Street Single Lot, Oldfield

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the west side of Stevens Street owned by Taunton Development Corporation and shown as Assessor's Parcel 36 on Assessor's Map 95, bounded and described as follows:

    Beginning at a stake on the westerly side of Stevens Street at the most north easterly corner of the lot to be described; and point being the south easterly corner of land now or formerly of Mora and Bell;

    THENCE S 07°47′36″ E along the westerly sideline of Stevens Street a distance of 183.57 feet to a corner of land now or formerly of Taunton Development Corporation (TDC);

    THENCE S 85°33′36″ W along land now or formerly of TDC (Assessor Map 94 Lot 156) a distance of 304.45 feet to a stone bound;

    THENCE N 09°35′20″ W along land now or formerly of TDC (Assessor Map 94 Lot 156) a distance of 184.00 feet to a point at land now or formerly of Mora and Bell;

    THENCE N 85°33′36″ E along land now or formerly of Mora and Bell a distance of 310.25 feet to the Point of Beginning.

    The above described lot contains 1.293 +/− acres.

    The above described parcel has taken into consideration the roadway taking by the Commonwealth of Massachusetts, Department of Highways, for the relocation of Stevens Street, by taking dated September 8, 1993, recorded with Bristol County North District Registry of Deeds in Deed Book 5683, Page 12.

    Tract 2—61R Stevens Street and O'Connell Way, Taunton, MA

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the west side of Stevens Street and the east side of O'Connell Way and more particularly shown as Lot 3A on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street, East Taunton, Massachusetts”, revised dated May 31, 2005 recorded in Plan Book 437, Page 30. Also a portion of said property is shown on a plan by Field Engineering Co. Inc., entitled “Definitive Subdivision Plan of Land, Liberty and Union Industrial Park—Phase II, Taunton Development Corporation”, revised dated March 8, 2006, recorded in Plan Book 446, Page 35 bounded and described as follows. Also see Tract 10 (Gap Parcel)

    Beginning on the westerly sideline of Stevens Street at the most easterly corner of lot to be described; and point being the northeast corner of property now or formerly of Allen;

    THENCE N 68°39′51″ W along land now or formerly of Allen and land now or formerly of 71 Stevens Street, LLC a distance of 313.86 feet to a point;

    THENCE N 69°12′22″ W continuing along land now or formerly of 71 Stevens Street, LLC a distance of 225.17 feet to a point;

    THENCE S 47°56′00″ W along land now or formerly of 71 Stevens Street, LLC a distance of 87.00 feet to a point;

    THENCE S 44°58′21″ W continuing along land now or formerly of 71 Stevens Street, LLC a distance of 155.46 feet to a point;

    THENCE N 13°10′38″ W a distance of 349.05 feet along land now or formerly of Taunton Development Corp. (Gap Parcel, see Tract 10) to a point;

    THENCE N 42°19′18″ W a distance of 215.61 feet along land now or formerly of Taunton Development Corp. (Gap Parcel, see Tract 10) to a point at land now or formerly of Bellas, Trustee;

    THENCE S 72°20′47″ E a distance of 491.45 feet along land now or formerly of Bellas, Trustee and land now or formerly of DeBrum to a point;

    THENCE continuing S 72°20′47″ E along land now or formerly of DeBrum a distance of 20.32 feet to a point;

    THENCE S 70°48′53″ E a distance of 141.08 feet along land now or formerly of DeBrum to an iron pipe;

    THENCE S 63°11′08″ E along land now or formerly of DeBrum a distance of 211.40 feet to a point at the land now or formerly of Haskins;

    THENCE S 26°48′58″ W along land now or formerly of Haskins a distance of 134.62 feet to a point;

    THENCE S 69°41′20″ E along land now or formerly of Haskins a distance of 167.82 feet to a point at the westerly sideline of Stevens Street;

    THENCE S 04°48′11″ W along the westerly sideline of Stevens Street a distance of 50.00 feet to the Point of Beginning;

    The above described parcel contains 3.895 +/− acres.

    Tract 3—71 Stevens Street, Taunton, MA

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the west side of Stevens Street more particularly shown as Lot 2 on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street, County Street and Rte. 24 East Taunton, Massachusetts Prepared for Robert DiCroce”, dated March 23, 2005, recorded in Plan Book 436, Page 22, bounded and described as follows.

    Beginning on the westerly sideline of Stevens Street at the southeast corner of property now or formerly of Williams;

    THENCE S 19°18′52″ W along the westerly sideline of Stevens Street a distance of 186.64 feet to a point of curvature at the beginning of the road layout for O'Connell Way;

    THENCE southwesterly along the northerly sideline of O'Connell Way on a curve to the right having a radius of 75.00 feet, an arc distance of 130.78, feet a chord bearing S 69°16′13″ W and a chord length of 114.83 feet to a point of tangency;

    THENCE N 60°46′27″ W along the northerly sideline of O'Connell Way a distance of 325.24 feet to a point of curvature;

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 250.00 feet, an arc distance of 207.68 feet, a chord bearing N 36°58′32″ W and a chord length of 201.76 feet to a point of tangency;

    THENCE N 13°10′38″ W along the easterly sideline of O'Connell Way a distance of 283.78 feet to a point at land now or formerly Taunton Development Corporation (TDC) (Gap Parcel, Tract 10);

    THENCE S 41°25′18″ E along land now or formerly of TDC (Gap Parcel, Tract 10) a distance of 28.35 feet to a point at land now or formerly DaRosa;

    THENCE N 44°58′21″ E along land now or formerly of DaRosa a distance of 155.46 feet to a point;

    THENCE N 47°56′00″ E along land now or formerly of DaRosa a distance of 87.00 feet to a point;

    THENCE S 69°12′22″ E along land now or formerly of DaRosa a distance of 225.17 feet to a point;

    THENCE S 68°39′51″ E along land now or formerly of DaRosa a distance of 192.94 feet to a point at land now or formerly of Allen;

    THENCE S 14°26′52″ W along land now or formerly of Allen and land now or formerly of Williams a distance of 324.60 feet to a point;

    THENCE S 65°33′57″ E along land now or formerly of Williams a distance of 150.00 feet to the Point of Beginning;

    The above described parcel contains 6.875 +/− acres.

    Tract 4—73 Stevens Street, Taunton, MA

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the west side of Stevens Street more particularly shown as Lot 2 on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street and O'Connell Way East Taunton, Massachusetts, prepared for One Stevens, LLC”, dated August 13, 2007, recorded in Plan Book 459, Page 72, bounded and described as follows.

    Beginning at the intersection of the westerly sideline of Stevens Street and the southerly sideline of O'Connell Way and being the most northeasterly corner of the property herein described;

    THENCE S 19°26′59″ W along the westerly sideline of Stevens Street a distance of 66.65 feet to a point;

    THENCE S 29°25′10″ W along the westerly sideline of Stevens Street a distance of 134.03 feet to a point;

    THENCE S 77°25′54″ W along Parcel E as shown on the above referenced plan a distance of 40.36 feet to a point;

    THENCE S 46°27′27″ W along Parcel B-R as shown on the above referenced plan a distance of 53.00 feet to a point at the land now or formerly of One Stevens LLC;

    THENCE N 73°40′17″ W along land now or formerly of One Stevens LLC a distance of 73.36 feet to a point;

    THENCE N 04°17′52″ W along land now or formerly of One Stevens LLC a distance of 281.12 feet to a point of curvature;

    THENCE northwesterly along a curve to the left having a radius of 110.00 feet, an arc distance of 108.43 feet, a chord bearing N 32°32′10″ W and a chord length of 104.09 feet to a point of tangency;

    THENCE N 60°46′27″ W along land now or formerly of One Stevens LLC a distance of 50.91 feet to a point;

    THENCE S 85°42′06″ W along land now or formerly of One Stevens LLC a distance of 60.47 feet to a point of curvature;

    THENCE northerly along a curve to the right having a radius of 51.00 feet, an arc distance of 110.83 feet, a chord bearing N 32°02′26″ W and a chord length of 90.28 feet to a point of non-tangency;

    THENCE S 60°46′27″ E along land now or formerly of One Stevens LLC a distance of 112.61 feet to a point on the southerly sideline of O'Connell Way;

    THENCE S 60°46′27″ E along the southerly sideline of O'Connell Way a distance of 421.27 feet to the Point of Beginning.

    The above described parcel contains 1.502 +/− acres.

    Tract 5—Lot 11 O'Connell Way Taunton, MA

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the east side of O'Connell Way off Stevens Street, more particularly shown as Lot 11 on a plan by Cullinan Engineering Co. Inc., entitled “Definitive Subdivision Modification Plan of Land Liberty and Union Industrial Park—Phase II Taunton Development Corporation”, dated March 23, 2007, recorded in Plan Book 458, Page 21, bounded and described as follows.

    Beginning at a point along a curve on the easterly sideline of O'Connell Way and said point being the northwesterly corner of land now or formerly of Taunton Development Corporation (Gap Parcel, Tract 10);

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 170.00 feet, an arc distance of 94.29 feet, a chord bearing N 16°24′14″ W and a chord length of 93.09 feet to a point of tangency;

    THENCE N 00°30′50″ W along the easterly sideline of O'Connell Way a distance of 118.63 feet to a point of curvature;

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 330.00 feet, an arc distance of 225.84 feet, a chord bearing N 20°07′12″ W and a chord length of 221.46 feet to a point of tangency;

    THENCE N 39°43′33″ W along the easterly sideline of O'Connell Way a distance of 100.06 feet to a point of curvature;

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 270.00 feet, an arc distance of 119.96 feet, a chord bearing N 26°59′51″ W and a chord length of 118.98 feet to a point of tangency;

    THENCE N 14°16′09″ W along the easterly sideline of O'Connell Way and land now or formerly PR-Crossroads Commerce Center LLC a distance of 153.52 feet to a point;

    THENCE N 28°14′17″ E along land now or formerly PR-Crossroads Commerce Center LLC a distance of 220.00 feet to a point;

    THENCE N 68°59′27″ E along land now or formerly PR-Crossroads Commerce Center LLC a distance of 100.00 feet to a point;

    THENCE N 89°40′32″ E along land now or formerly PR-Crossroads Commerce Center LLC a distance of 602.55 feet to a point at the land now or formerly of Christ Community Church, Inc.;

    THENCE S 13°44′43″ E along land now or formerly of Christ Community Church, Inc. a distance of 223.37 feet to a point;

    THENCE S 08°06′20″ W along land now or formerly of Christ Community Church, Inc. a distance of 70.79 feet to a point;

    THENCE S 01°38′59″ E along land now or formerly of Christ Community Church, Inc. and land now or formerly of Bellas, Trustee a distance of 214.50 feet to a point;

    THENCE S 23°51′01″ W along land now or formerly of Bellas, Trustee a distance of 311.52 feet to a point;

    THENCE S 67°36′01″ W along land now or formerly of Bellas, Trustee a distance of 486.60 feet to a point at land now or formerly of DaRosa and land now or formerly of Taunton Development Corporation (Gap Parcel, Tract 10);

    THENCE S 57°42′31″ W along land now or formerly of Taunton Development Corporation (Gap Parcel, Tract 10) a distance of 16.65 feet to the Point of Beginning.

    The above described parcel contains 14.021 +/− acres.

    Tract 6—50 O'Connell Way

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the west side of Stevens Street and the west side on O'Connell Way more particularly shown as Lot 1A-R on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street and O'Connell Way East Taunton, Massachusetts prepared for One Stevens LLC”, dated August 13, 2007, recorded in Plan Book 459, Page 72, bounded and described as follows.

    Beginning on the southerly sideline of O'Connell Way at the land now or formerly of Jamins LLC;

    THENCE N 60°46′27″ W along land now or formerly of Jamins LLC a distance of 112.61 feet to a point at the beginning of a non-tangent curve;

    THENCE southeasterly along land now or formerly Jamins LLC on a curve to the left having a radius of 51.00 feet, an arc distance of 110.83 feet, a chord bearing S 32°02′26″ E and a chord length of 90.28 feet to a point of tangency;

    THENCE N 85°42′06″ E along land now or formerly of Jamins LLC a distance of 60.47 feet to a point;

    THENCE S 60°46′27″ E along land now or formerly of Jamins LLC a distance of 50.91 feet to a point of curvature;

    THENCE southerly along land now or formerly of Jamins LLC on a curve to the right having a radius of 110.00 feet, an arc distance of 108.43 feet, a chord bearing S 32°32′10″ E and a chord length of 104.09 feet to a point of tangency;

    THENCE S 04°17′52″ E along land now or formerly of Jamins LLC a distance of 281.12 feet to a point;

    THENCE S 73°40′17″ E along land now or formerly of Jamins LLC a distance of 73.36 feet to a point at the land now or formerly of Porter, Trustee;

    THENCE S 46°27′27″ W along land now or formerly of Porter, Trustee a distance of 235.54 feet to a point;

    THENCE N 88°13′45″ W along land now or formerly of Porter, Trustee a distance of 139.98 feet to a point;

    THENCE N 70°55′10″ W along land now or formerly of Porter, Trustee a distance of 530.08 feet to a point;

    THENCE N 30°37′46″ W along land now or formerly of Porter, Trustee a distance of 236.68 feet to a point at the land now or formerly of Two Stevens, LLC;

    THENCE N 15°19′02″ E along land now or formerly of Two Stevens, LLC a distance of 146.85 feet to a point;

    THENCE N 85°42′06″ E along land now or formerly of Two Stevens, LLC a distance of 414.39 feet to a point of curvature;

    THENCE northeasterly along land now or formerly of Two Stevens, LLC on a curve to the left having a radius of 100.00 feet, an arc distance of 94.52 feet, a chord bearing N 58°37′25″ E and a chord length of 91.04 feet to a point of tangency;

    THENCE N 31°32′45″ E along land now or formerly of Two Stevens, LLC a distance of 59.36 feet to a point;

    THENCE N 03°58′05″ W along land now or formerly of Two Stevens, LLC a distance of 73.82 feet to a point;

    THENCE N 54°21′17″ E along land now or formerly of Two Stevens, LLC a distance of 45.25 feet to a point on the curve of the westerly sideline of O'Connell Way;

    THENCE southeasterly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 310.00 feet, an arc distance of 214.85 feet, a chord bearing S 40°55′09″ E and a chord length of 210.58 feet to a point of tangency and at the Point of Beginning.

    The above described parcel contains 9.146 +/− acres.

    Tract 7—60 O'Connell Way, Taunton, MA

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the west side of O'Connell Way off Stevens Street, more particularly shown as Lot 1B on plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street, County Street and Route 24 East Taunton, Massachusetts Prepared for the Maggiore Companies”, dated May 29, 2007, rev. June 13, 2007, recorded in Plan Book 458, Page 22, bounded and described as follows. (For the purposes of these drawings, the portion of the property boundary defined by the centerline of the Cotley River has been approximated by line segments with defined bearings and distances).

    Beginning on the westerly sideline of O'Connell Way at the most easterly corner of land now or formerly of Taunton Development Corporation (TDC) (Lot 9);

    THENCE S 13°10′38″ E along the westerly sideline of O'Connell Way a distance of 321.23 feet to a point of curvature;

    THENCE southeasterly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 310.00 feet, an arc distance of 42.67 feet, a chord bearing S 17°07′14″ E and a chord length of 42.64 feet to a point at the land now or formerly of One Stevens LLC;

    THENCE S 54°21′17″ W along land now or formerly of One Stevens LLC a distance of 45.25 feet to a point;

    THENCE S 03°58′05″ E along land now or formerly of One Stevens LLC a distance of 73.82 feet to a point;

    THENCE S 31°32′45″ W along land now or formerly of One Stevens LLC a distance of 59.36 feet to a point of curvature;

    THENCE southwesterly along land now or formerly of One Stevens LLC on a curve to the right having a radius of 100.00 feet, an arc distance of 94.52 feet, a chord bearing S 58°37′25″ W and a chord length of 91.04 feet to a point of tangency;

    THENCE S 85°42′06″ W along land now or formerly of One Stevens LLC a distance of 414.39 feet to a point;

    THENCE S 15°19′02″ W along land now or formerly of One Stevens LLC a distance of 146.85 feet to a point at the land now or formerly of Porter, Trustee;

    THENCE N 30°37′46″ W along land now or formerly of Porter, Trustee a distance of 72.02 feet to a point;

    THENCE N 60°57′07″ W along land now or formerly of Porter, Trustee a distance of 554.83 feet to a point;

    THENCE N 05°23′38″ W along land now or formerly of Porter, Trustee a distance of 141.69 feet to a point;

    THENCE N 75°19′32″ W along land now or formerly of Porter, Trustee a distance of 66.89 feet to a point;

    THENCE N 10°07′19″ W along land now or formerly of Porter, Trustee a distance of 365.13 feet to a point;

    THENCE S 79°40′32″ W along land now or formerly of Porter, Trustee a distance of 37.82 feet to the approximate centerline of the Cotley River and at land now or formerly of TDC (Lot 13);

    THENCE N 10°19′41″ W along the approximate centerline of Cotley River a distance of 132.84 feet;

    THENCE N 00°51′38″ W along the approximate centerline of Cotley River a distance of 102.63 feet;

    THENCE N 22°05′23″ E along the approximate centerline of Cotley River a distance of 37.53 feet;

    THENCE N 36°31′36″ E along the approximate centerline of Cotley River a distance of 36.78 feet;

    THENCE N 07°35′17″ E along the approximate centerline of Cotley River a distance of 30.90 feet;

    THENCE N 15°02′05″ W along the approximate centerline of Cotley River a distance of 115.27 feet;

    THENCE N 22°35′20″ W along the approximate centerline of Cotley River a distance of 27.33 feet;

    THENCE N 58°48′35″ W along the approximate centerline of Cotley River a distance of 35.99 feet;

    THENCE N 54°00′16″ W along the approximate centerline of Cotley River a distance of 31.07 feet;

    THENCE N 05°31′51″ W along the approximate centerline of Cotley River a distance of 43.77 feet;

    THENCE N 10°39′46″ E along the approximate centerline of Cotley River a distance of 110.86 feet to a point;

    THENCE S 69°49′06″ E along land now or formerly of TDC (Lot 13) a distance of 30.00 feet to a point also being the end point of a tie line;

    THENCE continuing S 69°49′06″ E along land now or formerly of TDC (Lot 13 & Lot 14) a distance of 246.89 feet to a point;

    THENCE S 70°07′42″ E along land now or formerly of TDC (Lot 14) a distance of 636.23 feet to a point at the land of TDC (Lot 9);

    THENCE S 20°56′02″ E along land now or formerly of TDC (Lot 9) a distance of 547.76 feet to a point;

    THENCE N 76°49′22″ E along land now or formerly of TDC (Lot 9) a distance of 225.11 feet to the Point of Beginning.

    The above described parcel contains 26.249 +/− acres.

    Tract 8—Stevens Street and O'Connell Way

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on Stevens Street and Route 140, more particularly shown as Parcels A and B on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street, County Street and Rte. 24 East Taunton, Massachusetts, prepared for the Maggiore Companies”, dated May 29, 2007, recorded in Plan Book 458, Page 22 and as Parcel E on a plan by Cullinan Engineering Co. Inc., entitled “Plan of Land Stevens Street and O'Connell Way East Taunton, Massachusetts, Prepared for One Stevens LLC”, dated August 13, 2007, recorded in Plan Book 459, Page 72, bounded and described as follows:

    Beginning at a point on the westerly sideline of Stevens Street at the land now or formerly of 73 Stevens Street Jamins LLC;

    THENCE S 29°25′10″ W along the westerly sideline of Stevens Street a distance of 67.00 feet to a point.

    THENCE N 56°43′22″ W along the sideline of Stevens Street a distance of 8.25 feet to a Massachusetts Highway bound;

    THENCE continuing S 36°03′59″ W along the westerly sideline of Stevens Street a distance of 45.36 feet to a concrete bound;

    THENCE S 36°03′59″ W along the westerly sideline of Stevens Street a distance of 69.00 feet to a point;

    THENCE S 51°31′40″ W along the westerly sideline of Stevens Street a distance of 178.97 feet to a point at land now or formerly of Silver City Galleria LLC;

    THENCE N 88°13′45″ W along land now or formerly of Silver City Galleria LLC a distance of 142.82 feet to a point;

    THENCE N 72°05′20″ W along land now or formerly of Silver City Galleria LLC a distance of 331.46 feet to a point;

    THENCE N 70°46′43″ W along land now or formerly of Silver City Galleria LLC a distance of 246.11 feet to a Massachusetts Highway bound;

    THENCE S 41°20′14″ W along land now or formerly of Silver City Galleria LLC a distance of 70.00 feet to a Massachusetts Highway bound and at the northerly sideline of County Street, State Highway Route 140, Layout #4865;

    THENCE N 52°11′42″ W along the northerly sideline of County Street, State Highway Route 140, Layout #4865 a distance of 200.37 feet to a Massachusetts Highway bound;

    THENCE N 48°39′46″ W along the northerly sideline of County Street, State Highway Route 140, Layout #4865 a distance of 1040.93 feet to a Massachusetts Highway bound and at the easterly sideline of State Highway Route 24, Layout #3719;

    THENCE N 01°00′57″ E along the easterly sideline of State Highway Route 24, Layout #3719 a distance of 290.43 feet to a point and at land now or formerly of the Taunton Development Corporation;

    THENCE N 79°40′32″ E along land now or formerly of Taunton Development Corporation a distance of 190.04 feet to a point also being the end point of a tie line;

    THENCE continuing N 79°40′32″ E along land now or formerly of Taunton Development Corporation a distance of 21.00 feet to the approximate centerline of the Cotley River and at land now or formerly of Two Stevens LLC;

    THENCE N 79°40′32″ E along land now or formerly of Two Stevens LLC a distance of 37.82 feet to a point;

    THENCE S 10°07′19″ E along land now or formerly of Two Stevens LLC a distance of 365.13 feet to a point;

    THENCE S 75°19′32″ E along land now or formerly of Two Stevens LLC a distance of 66.89 feet to a point;

    THENCE S 05°23′38″ E along land now or formerly of Two Stevens LLC a distance of 141.69 feet to a point;

    THENCE S 60°57′07″ E along land now or formerly of Two Stevens LLC a distance of 554.83 feet to a point;

    THENCE S 30°37′46″ E along land now or formerly of Two Stevens LLC a distance of 72.02 feet to a point and at land now or formerly of One Stevens LLC;

    THENCE S 30°37′46″ E along land now or formerly of One Stevens LLC a distance of 236.68 feet to a point;

    THENCE S 70°55′10″ E along land now or formerly of One Stevens LLC a distance of 530.08 feet to a point;

    THENCE S 88°13′45″ E along land now or formerly of One Stevens LLC a distance of 139.98 feet to a point;

    THENCE N 46°27′27″ E along land now or formerly of One Stevens LLC a distance of 235.54 feet to a point and at land now or formerly of Jamins LLC;

    THENCE continuing N 46°27′27″ E along land now or formerly of Jamins LLC a distance of 53.00 feet to a point;

    THENCE N 77°25′54″ E along land now or formerly of Jamins LLC a distance of 40.36 feet to a point on the westerly sideline of Stevens Street and the Point of Beginning; The above described parcel contains 7.966 +/− acres.

    Tract 9—O'Connell Way Layout

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton on the west side of Stevens Street owned by the Taunton Development Corporation and shown as a proposed roadway layout on a plan by Field Engineering Co., Inc., entitled “Definitive Subdivision Plan of Land, Liberty and Union Industrial Park—Phase II” and revised dated 3/08/2006, recorded in Plan Book 446, Page 35, and a plan entitled, “Definitive Subdivision Modification Plan of Land, Liberty and Union Industrial Park—Phase II” and dated 3/23/2007, recorded in Plan Book 458, Page 21, bounded and described as follows.

    Beginning on the westerly sideline of Stevens Street at the southeasterly corner of the parcel to be described;

    THENCE S 19°18′52″ W along the westerly sideline of Stevens Street a distance of 155.23 feet to a point at land now or formerly Jamins LLC;

    THENCE N 60°46′27″ W along the westerly sideline of O'Connell Way a distance of 421.27 feet to a point of curvature;

    THENCE northwesterly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 310.00 feet, an arc distance of 257.52 feet, a chord bearing N 36°58′32″ W and a chord length of 250.18 feet to a point of tangency;

    THENCE N 13°10′38″ W along the westerly sideline of O'Connell Way a distance of 539.91 feet to a point of curvature;

    THENCE northwesterly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 170.00 feet, an arc distance of 86.47 feet, a chord bearing N 27°44′58″ W and a chord length of 85.54 feet to a point of tangency;

    THENCE N 42°19′18″ W along the westerly sideline of O'Connell Way a distance of 135.62 feet to a point of curvature;

    THENCE northwesterly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 230.00 feet, an arc distance of 167.83 feet, a chord bearing N 21°25′04″ W and a chord length of 164.13 feet to a point of tangency;

    THENCE N 00°30′50″ W along the westerly sideline of O'Connell Way a distance of 118.63 feet to a point of curvature;

    THENCE northerly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 270.00 feet, an arc distance of 184.78 feet, a chord bearing N 20°07′11″ W and a chord length of 181.20 feet to a point of tangency;

    THENCE N 39°43′33″ W along the westerly sideline of O'Connell Way a distance of 100.06 feet to a point of curvature;

    THENCE northwesterly along the westerly sideline of O'Connell Way on a curve to the right having a radius of 330.00 feet, an arc distance of 93.55 feet, a chord bearing N 31°36′18″ W and a chord length of 93.23 feet to a point of reverse curvature;

    THENCE northwesterly along the westerly sideline of O'Connell Way on a curve to the left having a radius of 40.00 feet, an arc distance of 49.33 feet, a chord bearing N 58°48′43″ W and a chord length of 46.26 feet to a point of reverse curvature;

    THENCE northerly along the sideline of O'Connell Way on a curve to the right having a radius of 75.00 feet, an arc distance of 340.17 feet, a chord bearing N 35°47′44″ E and a chord length of 115.02 feet to a point of tangency;

    THENCE S 14°16′09″ E along the easterly sideline of O'Connell Way a distance of 53.96 feet to a point of curvature;

    THENCE southerly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 270.00 feet, an arc distance of 119.96 feet, a chord bearing S 26°59′51″ E and a chord length of 118.98 feet to a point of tangency;

    THENCE S 39°43′33″ E along the easterly sideline of O'Connell Way a distance of 100.06 feet to a point of curvature;

    THENCE southeasterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 330.00 feet, an arc distance of 225.84 feet, a chord bearing S 20°07′12″ E and a chord length of 221.46 feet to a point of tangency;

    THENCE S 00°30′50″ E along the easterly sideline of O'Connell Way a distance of 118.63 feet to a point of curvature;

    THENCE southeasterly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 170.00 feet, an arc distance of 124.05 feet, a chord bearing S 21°25′04″ E and a chord length of 121.31 feet to a point of tangency;

    THENCE S 42°19′18″ E along the easterly sideline of O'Connell Way a distance of 135.62 feet to a point of curvature;

    THENCE southeasterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 230.00 feet, an arc distance of 116.99 feet, a chord bearing S 27°44′58″ E and a chord length of 115.74 feet to a point of tangency;

    THENCE S 13°10′38″ E along the easterly sideline of O'Connell Way a distance of 533.14 feet to a point of curvature;

    THENCE southeasterly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 250.00 feet, an arc distance of 207.68 feet, a chord bearing S 36°58′32″ E and a chord length of 201.76 feet to a point of tangency;

    THENCE S 60°46′27″ E along the easterly sideline of O'Connell Way a distance of 325.24 feet to a point of curvature;

    THENCE northeasterly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 75.00 feet, an arc distance of 130.78 feet, a chord bearing N 69°16′13″ E and a chord length of 114.83 feet to the Point of Beginning;

    The above described roadway parcel contains 3.442 +/− acres which, together with a 512 square foot easement on land now or formerly of Jamins LLC, constitute the O'Connell Way layout.

    The 512 square foot easement description begins at a point on the northerly sideline of Stevens Street being S 19°18′52″ W and 155.23 feet distant from the beginning point of O'Connell Way described above;

    THENCE N 60°46′27″ W along the westerly sideline of O'Connell Way a distance of 50.55 feet to a point of curvature;

    THENCE southerly on a curve to the right having a radius of 60.00 feet, an arc distance of 84.01 feet, a chord bearing S 20°39′44″ E and a chord length of 77.31 feet to a point on the northerly sideline of Stevens Street;

    THENCE N 19°26′59″ E along the northerly sideline of Stevens Street a distance of 50.55 feet to the Point of Beginning.

    Said 512 square foot easement is on land now or formerly of Jamins LLC and is intended to be included with and for the use of O'Connell Way.

    Tract 10—Gap of Land Between Land of DaRosa and O'Connell Way

    Description of land in the Commonwealth of Massachusetts, County of Bristol, City of Taunton, on the east side of O'Connell Way off Stevens Street being a land gap between the layout of O'Connell Way and Lot 10 in Plan Book 446, Page 35 and Parcel 2 described in a the deed from Taunton Development Corporation to Daniel G. DaRosa and Laurie B. DaRosa, dated July 18, 2005, recorded in Deed Book 15013, Page 42, bounded and described as follows.

    Beginning on the easterly sideline of O'Connell Way at the most southwesterly corner of the parcel to be described;

    THENCE N 13°10′38″ W along the easterly sideline of O'Connell Way a distance of 249.36 feet to a point of curvature;

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the left having a radius of 230.00 feet, an arc distance of 116.99 feet, a chord bearing N 27°44′58″ W and a chord length of 115.74 feet to a point of tangency;

    THENCE N 42°19′18″ W along the easterly sideline of O'Connell Way a distance of 135.62 feet to a point of curvature;

    THENCE northwesterly along the easterly sideline of O'Connell Way on a curve to the right having a radius of 170.00 feet an arc distance of 29.76 feet, a chord bearing N 37°18′28″ W and a chord length of 29.72 feet to a point at land now or formerly L & U LLC;

    THENCE N 57°42′31″ E along land now or formerly L & U LLC distance of 16.65 feet to a point at land now or formerly of Darosa (Tract 2);

    THENCE S 42°19′18″ E along land now or formerly of DaRosa (Tract 2) a distance of 215.61 feet to a point;

    THENCE S 13°10′38″ E along land now or formerly of DaRosa (Tract 2) a distance of 349.05 feet to a point at land now or formerly of 71 Stevens Street LLC;

    THENCE N 41°25′18″ W along land now or formerly of 71 Stevens Street LLC a distance of 28.35 feet to the Point of Beginning.

    The above described parcel contains 0.203 +/− acres.

    Tract 11—67 Stevens Street

    Description of parcel of land in Taunton, Massachusetts shown as Tax Parcel 119-2-0 on the City of Taunton Assessor's plans, bounded and described as follows:

    Beginning on the westerly sideline of Stevens Street, at the most northeasterly corner of the lot to be herein described and at the southeasterly corner of land now or formerly John & Betty Jean Allen;

    THENCE S 07°26′15″ W along the westerly sideline of Stevens Street, a distance of 50.49 feet to an angle point in the westerly sideline of Stevens Street;

    THENCE S 13°24′15″ W along the westerly sideline of Stevens Street, a distance of 46.49 feet to an angle point in the westerly sideline of Stevens Street;

    THENCE S 18°41′39″ W along the westerly sideline of Stevens Street, a distance of 103.43 feet to land now or formerly of 71 Stevens Street LLC;

    THENCE N 65°33′57″ W along land now or formerly of 71 Stevens Street LLC, a distance of 150.00 feet to corner of land now or formerly of 71 Stevens Street LLC;

    THENCE N 14°26′52″ E along land now or formerly of 71 Stevens Street LLC, a distance of 200.00 feet to a concrete bound at the land of John & Betty Jean Allen;

    THENCE S 65°30′42″ E along land now or formerly of John & Betty Jean Allen, a distance of 150.68 feet to the Point of Beginning.

    The above described lot contains 0.699 +/− acres.

    Being the same premises conveyed to Kathleen Williams and Kenneth Williams by deed of Ernestina R. Torres and Nelson Henriquez, dated July 28, 2005 and recorded in Deed Book 15029, Page 189.

    Tract 12—65 Stevens Street

    Description of parcel of land in Taunton, Massachusetts shown as tax parcel 119-3-0 on the City of Taunton Assessor's plans, bounded and described as follows:

    The land in Taunton, on the northwesterly side of Stevens Street, being shown as Lot #9A on a plan entitled “Property of Richard C. Tilton et ux Taunton, Mass. Scale 1″ = 20′ July 8, 1964 John P. Gonzals, Surveyor”, which plan is recorded with Bristol County Northern District Registry of Deeds, Plan Book 94, Page 9 and being more particularly described as follows:

    Beginning on the westerly sideline of Stevens Street, at the most northeasterly corner of the lot to be herein described and at the southeasterly corner of land now or formerly Daniel & Laurie DaRosa;

    THENCE S 02°11′22″ W along the westerly sideline of Stevens Street, a distance of 116.64 feet to an angle point in the westerly sideline of Stevens Street;

    THENCE S 05°24′21″ W along the westerly sideline of Stevens Street, a distance of 22.67 feet to a point at the land now or formerly of Kathleen & Kenneth Williams;

    THENCE N 65°30′42″ W along land now or formerly of Kathleen & Kenneth Williams, a distance of 150.68 feet to a concrete bound at the land now or formerly of 71 Stevens Street LLC;

    THENCE N 14°26′52″ E along land now or formerly of 71 Stevens Street LLC, a distance of 124.60 feet to a concrete bound at the land of Daniel & Laurie DaRosa;

    THENCE S 68°39′51″ E along stonewall remains and land now or formerly of Daniel & Laurie DaRosa, a distance of 120.92 feet to the Point of Beginning.

    The above described lot contains 0.396 +/− acres.

    Being the same premises conveyed to John M. Allen by deed of John M. Allen and Betty Jean Allen dated June 4, 2011 and recorded in Deed Book 20376, page 275.

    Tract 13—61F Stevens Street

    Description of parcel of land in Taunton, Massachusetts shown as Tax Parcel 109-17-0 on the City of Taunton Assessors' Plans and being more particularly described as follows:

    The land located on the westerly side of Stevens Street, East Taunton, Bristol County, Massachusetts shown as Lot 3B on a plan entitled, “Plan of Land Stevens Street, East Taunton, Massachusetts, prepared for Taunton Development Corporation”, prepared by Cullinan Engineering, Scale 1″ = 30′ revised dated May 31, 2005 which plan is recorded with the Bristol County Northern District Registry of Deeds in Plan Book 437, Page 30, containing approximately 0.42 acres and known as and numbered 61F Stevens Street, bounded and described as follows:

    Beginning on the westerly sideline of Stevens Street, at the most northeasterly corner of the lot to be herein described and at the southeasterly corner of land now or formerly Edwin DeBrum;

    THENCE S 04°48′11″ W along the westerly sideline of Stevens Street, a distance of 124.70 feet to a point at the land now or formerly of Daniel & Laurie DaRosa;

    THENCE N 69°41′20″ W along land now or formerly of Daniel & Laurie DaRosa, a distance of 167.82 feet to a point at the corner of land now or formerly of Daniel & Laurie DaRosa;

    THENCE N 26°48′58″ E along land now or formerly of Daniel & Laurie DaRosa, a distance of 134.62 feet to a point at the land of Edwin DeBrum;

    THENCE S 63°11′08″ E along land now or formerly of Edwin DeBrum, a distance of 120.00 feet to the Point of Beginning.

    The above described lot contains 0.416 +/− acres.

    Being the same premises conveyed to Edward A. Haskins, Jr. and Sheri L. Haskins by deed of Jeffrey D. Smith dated December 30, 2005, recorded in Deed Book 15519, Pa

    The above-described lands contain a total of 321.34 acres, more or less, which are subject to all valid rights, reservations, rights-of-way, and easements of record.

    This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads, highways, public utilities, railroads, and pipelines or any other valid easements of rights-of-way or reservations of record.

    Dated: December 30, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-00310 Filed 1-6-16; 4:15 pm] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWY910000 L16100000 XX0000] Notice of Public Meeting; Wyoming Resource Advisory Council AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Wyoming Resource Advisory Council (RAC) will meet as indicated below.

    DATES:

    The meeting is scheduled for, Wednesday, February 3, 2016, from 1 p.m. to 5 p.m.; Thursday, February 4, 2016, from 8 a.m. to 5 p.m.; and Friday, February 5, 2016, from 8 a.m. to noon.

    ADDRESSES:

    The meeting will be conducted at the BLM Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming.

    FOR FURTHER INFORMATION CONTACT:

    Christian Venhuizen, Wyoming Resource Advisory Council Coordinator, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82009; telephone 307-775-6103; email [email protected] Persons who use a telecommunications device for the deaf 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:

    This 10-member RAC advises the Secretary of the Interior on a variety of management issues associated with public land management in Wyoming. Planned agenda topics for the February meeting (see DATES) include discussions on fees for the National Historic Trails Interpretive Center, invasive species, and the Rock Springs RMP revision and follow-up to previous RAC meetings. On Friday, February 5, the meeting will begin with a public comment period, at 8 a.m. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. If there are no members of the public interested in speaking, the meeting will move promptly to the next agenda item. The public may also submit written comments to the RAC by emailing [email protected], with the subject line “RAC Public Comment” or by submitting comments during the meeting to the RAC coordinator. Typed or written comments will be provided to RAC members as part of the meeting's minutes.

    Dated: December 31, 2015. Mary Jo Rugwell, State Director (acting).
    [FR Doc. 2016-00001 Filed 1-7-16; 8:45 am] BILLING CODE 4310-22-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNML00000 L12200000.DF0000 16XL1109AF] Notice of Public Meeting, Las Cruces District Resource Advisory Council Meeting, New Mexico 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) Las Cruces District Resource Advisory Council (RAC) will meet as indicated below.

    DATES:

    The RAC will meet on January 28, 2016.

    ADDRESSES:

    The meeting will be conducted at the BLM Las Cruces District Office, 1800 Marquess Street, Las Cruces, New Mexico from 9:00 a.m.-12 p.m. Following the meeting, the BLM and RAC will tour the Peña Blanca Wilderness Study Area (WSA) located in the Organ Mountains-Desert Peaks National Monument. The field tour will depart from the BLM office at 1:30 p.m. and conclude at 5:00 p.m. Both the meeting and field tour is open to the public.

    FOR FURTHER INFORMATION CONTACT:

    Deborah Stevens, BLM Las Cruces District, 1800 Marquess Street, Las Cruces, NM 88001, 575-525-4421. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8229, 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 10-member Las Cruces District RAC advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in New Mexico.

    Planned agenda items include updates on the proposed Organ Mountains-Desert Peaks Resource Management Plan and Environmental Impact Statement (EIS); the Afton Solar Energy Zone (SEZ) and Regional Mitigation Plan; and other major projects in the Las Cruces District.

    A half-hour public comment period, during which the public may address the Council, will begin at 11:30 a.m. Depending on the number of individuals wishing to comment and time available, the time for individual oral comments may be limited. In addition, the public may send written comments to the RAC at the BLM Las Cruces District Office, 1800 Marquess Street, Las Cruces, NM 88001.

    Melanie Barnes, Acting Deputy State Director, Lands and Resources.
    [FR Doc. 2016-00177 Filed 1-7-16; 8:45 am] BILLING CODE 4310-FB-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-DPOL-18874: PPWODIREP0][PPMPSPD1Y.YM0000] National Park System Advisory Board; Charter Renewal AGENCY:

    National Park Service, Interior.

    ACTION:

    Charter renewal.

    SUMMARY:

    The Secretary of the Interior intends to renew the National Park System Advisory Board, in accordance with section 14(b) of the Federal Advisory Committee Act. This action is necessary and in the public interest in connection with the performance of statutory duties imposed upon the Department of the Interior and the National Park Service.

    FOR FURTHER INFORMATION CONTACT:

    Shirley Sears, Office of Policy, National Park Service, 202-354-3955.

    SUPPLEMENTARY INFORMATION:

    The Board is authorized by 54 U.S.C. 102303 (part of the 1935 Historic Sites, Buildings and Antiquities Act) and has been in existence almost continuously since 1935. Pursuant to 54 U.S.C. 102303, the legislative authorization for the Board expired January 1, 2010. However, due to the importance of the issues on which the Board advises, the Secretary of the Interior exercised the authority contained in 54 U.S.C. 100906 to re-establish and continue the Board as a discretionary committee from January 1, 2010, until such time as it may be legislatively reauthorized. If the Board is reauthorized legislatively within 2 years of the date of the renewal charter, the Board will revert to a legislative Board.

    The advice and recommendations provided by the Board and its subcommittees fulfill an important need within the Department of the Interior and the National Park Service, and it is necessary to re-establish the Board to ensure its work is not disrupted. The Board's 12 members will be balanced to represent a cross-section of disciplines and expertise relevant to the National Park Service mission. The renewal of the Board comports with the requirements of the Federal Advisory Committee Act, as amended.

    CERTIFICATION: I hereby certify that the renewal of the National Park System Advisory Board is necessary and in the public interest in connection with the performance of duties imposed on the Department of the Interior by the National Park Service Organic Act (54 U.S.C. 100101(a) et seq.), and other statutes relating to the administration of the National Park Service.

    Dated: December 22, 2015. Sally Jewell, Secretary of the Interior.
    [FR Doc. 2015-33277 Filed 1-7-16; 8:45 am] BILLING CODE 4310-EE-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-19984; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before December 12, 2015, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by January 25, 2016.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before December 12, 2015. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    ALABAMA Tuscaloosa County Downtown Tuscaloosa Historic District (Boundary Increase III and Boundary Decrease),Bounded by 3rd & 6th Sts., 21st & Lurleen Wallace South Aves., Tuscaloosa, 15000990 ARKANSAS Carroll County Crescent Hotel, 75 Prospect Ave., Eureka Springs, 15000991 Columbia County Overstreet Hall, (New Deal Recovery Efforts in Arkansas MPS) NW. of jct. of E. University & N. Jackson Sts., Magnolia, 15000992 Conway County Union Chapel School and Shop Building, (Public Schools in the Ozarks MPS) 298 Union Chapel Rd. & 28 Acker Ln., Springfield, 15000993 Little River County Little River County Training School Historic District, 100 W. Hamilton St., Ashdown, 15000994 Monroe County Monroe County Bank Building, 225-227 W. Cypress Sts., Brinkley, 15000995 GEORGIA Bibb County Levitt, William and Jane, House, 3720 Overlook Dr., Macon, 15000996 IOWA Sac County Perkins, George and Lola, House, 803 W. Main St., Sac City, 15000997 Sac City Chicago and North Western Depot, (Advent & Development of Railroads in Iowa MPS) 103 N. 13th St., Sac City, 15000998 LOUISIANA Grant Parish Hotel Lesage, 101 Main St., Colfax, 15000999 Iberville Parish Bayou Paul Colored School, 915 Bayou Paul Rd., St. Gabriel, 15001000 Orleans Parish Bristow Tower, 4537 Magnolia St., New Orleans, 15001001 Gem Theater, 3940 Thalia St., New Orleans, 15001002 Lafitte Avenue Project Buildings C-47, E-45 and No. 46, (United States Housing Authority Funded Public Housing in Louisiana MPS) Corner of Lafitte Ave. & N. Johnson St.,New Orleans, 15001003 Louisiana Superdome, 1500 Sugar Bowl Dr., New Orleans, 15001004 Rapides Parish Rapides Parish Library, 411 Washington St., Alexandria, 15001005 West Carroll Parish Oak Grove Community House, 414 James St., Oak Grove, 15001006 MASSACHUSETTS Worcester County Barnes—Hill House, 12 N. Brookfield Rd., Spencer, 15001007 MISSOURI St. Louis Independent city Gravois—Jefferson Streetcar Suburb Historic District (Boundary Increase), (South St. Louis Historic Working and Middle Class Streetcar Suburbs MPS) 2644-54 Gravois Ave., St. Louis (Independent City), 15001008 SOUTH CAROLINA Spartanburg County Duncan Park Stadium, 0 W. Park Dr., Spartanburg, 15001009 Authority:

    60.13 of 36 CFR part 60.

    Dated: December 15, 2015. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2016-00101 Filed 1-7-16; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR02013000, XXXR5537F3, RX.19871110.1000000] National Park Service [PPIMIMRO3L, PPMRSNR1Y.AR0000, FPDEFAULT] Notice of Availability and Notice of Public Meetings for the Draft Environmental Impact Statement for the Long-Term Experimental and Management Plan for the Operation of Glen Canyon Dam, Page, Arizona AGENCY:

    Bureau of Reclamation and National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Interior, through the Bureau of Reclamation and National Park Service (NPS), has made available for public review and comment the Draft Environmental Impact Statement (DEIS) for the Long-Term Experimental and Management Plan for the Operation of Glen Canyon Dam (LTEMP). The LTEMP would determine specific options for dam operations (including hourly, daily, and monthly release patterns), non-flow actions, and appropriate experimental and management actions that will meet the requirements of the Grand Canyon Protection Act, maintain or improve hydropower production, and minimize impacts on resources, including those of importance to American Indian Tribes.

    DATES:

    Written comments on the DEIS should be submitted by April 7, 2016.

    Public meetings and webinars to provide information and receive written comments will be held on:

    • Webinar—Tuesday, February 16, 2016, at 6:30 p.m. MST;

    • Meeting—Monday, February 22, 2016, at 6:00 p.m. MST, Flagstaff, Arizona;

    • Meeting—Thursday, February 25, 2016, at 6:00 p.m. MST, Phoenix, Arizona; and

    • Webinar—Tuesday, March 1, 2016, at 1:00 p.m. MST.

    Staff will be available to take comments and answer questions during this time.

    ADDRESSES:

    You may submit written comments by the following methods:

    • Web site: http://parkplanning.nps.gov/LTEMPEIS.

    • Mail: Glen Canyon Dam LTEMP Draft EIS, Argonne National Laboratory, 9700 South Cass Avenue—EVS/240, Argonne, Illinois 60439.

    Comments will not be accepted by facsimile, email, or in any other way than those specified above. Bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be accepted.

    Public meetings will be held at the following locations:

    • Flagstaff—USGS Grand Canyon Monitoring and Research Center, 2255 N. Gemini Road, Flagstaff, Arizona 86001.

    • Phoenix—Embassy Suites Phoenix-Tempe, 4400 S. Rural Road, Tempe, Arizona 85282.

    For specific information about the web-based meetings, please refer to the LTEMP EIS Web site at: http://ltempeis.anl.gov/.

    The DEIS may be viewed at the LTEMP EIS Web site at: http://ltempeis.anl.gov/. Compact disc copies of the DEIS are available for public inspection at several libraries and government offices. To request a compact disc of the DEIS, please contact Argonne at the address cited above or call 630-252-3169.

    See the SUPPLEMENTARY INFORMATION section for specific locations where the DEIS is available for public inspection.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Beverley Heffernan, EIS Project Manager, Bureau of Reclamation, [email protected], 801-524-3712; or Mr. Rob Billerbeck, National Park Service, [email protected], 303-987-6789.

    SUPPLEMENTARY INFORMATION:

    The purpose of the proposed action is to provide a comprehensive framework for adaptively managing Glen Canyon Dam over the next 20 years consistent with the Grand Canyon Protection Act and other provisions of applicable Federal law. The proposed action will help determine specific dam operations and actions that could be implemented to improve conditions and continue to meet the Grand Canyon Protection Act's requirements and to minimize—consistent with law—adverse impacts on the downstream natural, recreational, and cultural resources in Glen Canyon National Recreation Area and Grand Canyon National Park, including resources of importance to American Indian Tribes.

    The need for the proposed action stems from the need to use scientific information developed since the 1996 Record of Decision (ROD) to better inform the public of Department of the Interior decisions on dam operations and other management and experimental actions so that the Secretary of the Interior may continue to meet statutory responsibilities for protecting downstream resources for future generations, conserving Endangered Species Act-listed species, avoiding or mitigating impacts on National Register of Historic Properties-eligible properties, and protecting the interests of American Indian Tribes, while meeting obligations for water delivery and the generation of hydroelectric power.

    The DEIS Analyzes Seven Alternatives

    The DEIS assesses the potential environmental effects of seven alternatives being considered: The No-Action Alternative (Alternative A) and six Action Alternatives (Alternatives B, C, D, E, F, and G), which are described below. There are a number of experimental and management actions that would be incorporated into all of the LTEMP Action Alternatives, except where noted:

    • High-flow experimental releases for sediment conservation—Implementation of high-flow experiments (HFEs) under all alternatives are patterned after the current HFE protocol (adopted in 2012), but each alternative includes specific modifications related to the frequency of spring and fall HFEs, the triggers for HFEs, and the overall process for implementation of HFEs, including implementation considerations and conditions that would result in discontinuing specific experiments.

    • Nonnative fish control actions—Implementation of control actions for nonnative brown and rainbow trout are patterned after those identified in the Nonnative Fish Control Environmental Assessment (EA) and Finding of No Significant Impact (adopted in 2012). Nonnative fish control actions are not included in Alternative F.

    • Conservation measures identified in the 2011 biological opinion on operations of Glen Canyon Dam—Potential measures include the establishment of a humpback chub refuge, evaluation of the suitability of habitat in the lower Grand Canyon for the razorback sucker, and establishment of an augmentation program for the razorback sucker, if appropriate. Other measures include humpback chub translocation, Bright Angel Creek brown trout control, Kanab ambersnail monitoring, determination of the feasibility of flow options to control trout including increasing daily down-ramp rates to strand or displace age-0 trout and high flow followed by low flow to strand or displace age-0 trout, assessments of the effects of actions on humpback chub populations, sediment research to determine effects of equalization flows, and Asian tapeworm monitoring. Most of these conservation measures are ongoing and are elements of existing management practices (e.g., brown trout control, humpback chub translocation, and sediment research to determine the effects of equalization flows), while others are being considered for further action under the LTEMP (e.g., trout management flows).

    • Experimental and management actions at specific sites such as nonnative plant removal, revegetation with native species, and mitigation at specific and appropriate cultural sites—included are pilot experimental riparian vegetation restoration actions planned by the NPS. These actions would also have involvement from tribes to capture concerns regarding culturally significant native plants, and would provide an opportunity to integrate Traditional Ecological Knowledge in a more applied manner into the long-term adaptive management program (described in more detail below).

    • Preservation of historic properties through a program of research, monitoring, and mitigation to address erosion and preservation of archeological and ethnographic sites and minimize loss of integrity at National Register historic properties.

    • Continued adaptive management under the Glen Canyon Dam Adaptive Management Program, including a research and monitoring component.

    Alternative A: The No-Action Alternative

    Alternative A represents continued operation of Glen Canyon Dam as guided by the 1996 ROD for operations of Glen Canyon Dam: Modified low fluctuating flow, as modified by recent Department of the Interior decisions, including those specified in the 2007 ROD on Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lakes Powell and Mead (Interim Guidelines) (until 2026), the HFE EA, and the Nonnative Fish Control EA (both expiring in 2020). As is the case for all alternatives, Alternative A also includes implementation of existing and planned NPS management activities, with durations as specified in NPS management documents.

    Under Alternative A, daily flow fluctuations would continue to be determined according to monthly volume brackets as follows: 5,000 cubic feet per second (cfs) daily range for monthly volumes less than 600 thousand acre-feet (kaf); 6,000 cfs daily range for monthly volumes between 600 kaf and 800 kaf; and 8,000 cfs for monthly volumes greater than 800 kaf.

    Under Alternative A, the current HFE protocol would be followed until it expired in 2020. Under this protocol, high-flow releases may be made in spring (March and April) or fall (October and November). HFE magnitude would range from 31,500 cfs to 45,000 cfs. The duration would range from less than 1 hour to 96 hours. Frequency of HFEs would be determined by tributary sediment inputs, resource conditions, and a decision process carried out by the Department of the Interior. The HFE protocol uses a “store and release” approach in which sediment inputs are tracked over two accounting periods, one for each seasonal HFE: Spring (December through June) and fall (July through November). Under the protocol, the maximum possible magnitude and duration of HFE that would achieve a positive sand mass balance in Marble Canyon, as determined by modeling, would be implemented.

    Under Alternative A, the current nonnative fish control protocol would be followed until it expired in 2020. Mechanical removal would primarily consist of the use of boat-mounted electrofishing equipment to remove all nonnative fish captured. Captured nonnative fish would be removed alive and potentially stocked into areas that have an approved stocking plan, unless live removal fails, in which case fish would be euthanized and used for later beneficial use.

    Alternative B

    The objective of Alternative B is to increase hydropower generation while limiting impacts on other resources and relying on flow and non-flow actions to the extent possible to mitigate impacts of higher fluctuations. Alternative B focuses on non-flow actions and experiments to address sediment resources, nonnative fish control, and on native and nonnative fish communities.

    Under Alternative B, monthly volumes would be the same as under current operations, but daily flow fluctuations would be higher than under current operations in most months. Compared to current operations, the hourly up-ramp rate would remain unchanged at 4,000 cfs/hour, but the hourly down-ramp rate would be increased to 4,000 cfs/hour in November through March and 3,000 cfs/hour in other months.

    Alternative B includes implementation of the nonnative fish control protocol and HFE protocol through the entire LTEMP period, but HFEs would be limited to a maximum of one in spring or fall every other year. In addition to these experimental actions, Alternative B would test trout management flows and hydropower improvement flows. With trout management flows, high flows (e.g., 20,000 cfs) would be maintained for 2 or 3 days followed by a very sharp drop in flows to a minimum level (e.g., 5,000 cfs) for the purpose of reducing annual recruitment of trout. Hydropower improvement experiments would test maximum powerplant capacity flows up to four times during the LTEMP period, but only in years with annual volumes ≤8.23 million acre-feet (maf).

    Alternative C

    The objective of Alternative C is to adaptively operate Glen Canyon Dam to achieve a balance of resource objectives with priorities placed on humpback chub, sediment, and minimizing impacts on hydropower. Alternative C features a number of condition-dependent flow and non-flow actions that would be triggered by resource conditions. The alternative uses decision trees to identify when experimental changes in base operations or other planned action is needed to protect resources. Operational changes or implementation of non-flow actions could be triggered by changes in sediment input, humpback chub numbers and population structure, trout numbers, and water temperature.

    Monthly release volumes under Alternative C in August through November would be lower than those under most other alternatives to reduce sediment transport rates during the monsoon period. Release volumes in the high power demand months of December, January, and July would be increased to compensate for water not released in August through November, and volumes in February through June would be patterned to follow the monthly hydropower demand as defined by the contract rate of delivery. Under Alternative C, the allowable within-day fluctuation range from Glen Canyon Dam would be proportional to monthly volume (7 × monthly volume in kaf). The down-ramp rate would be increased to 2,500 cfs/hour, but the up-ramp rate would remain unchanged at 4,000 cfs/hour.

    Experimentation under Alternative C includes testing the effects of the following actions: (1) Sediment-triggered spring and fall HFEs through the entire 20-year LTEMP period, (2) 24-hour proactive spring HFEs in high volume years (≥10 maf release volume), (3) extension of the possible duration of fall HFEs while maintaining a maximum total volume of a 96-hour 45,000 cfs release, (4) reducing fluctuations before and after HFEs, (5) mechanical removal of trout near the Little Colorado River confluence, (6) trout management flows, and (7) low summer flows during the entire LTEMP period to allow greater warming.

    Alternative D: The Preferred Alternative

    Alternative D is the preferred alternative for the LTEMP. The objective of Alternative D is to adaptively operate Glen Canyon Dam to best meet the resource goals of the LTEMP. Like Alternative C, Alternative D features a number of condition-dependent flow and non-flow actions that would be triggered by resource conditions.

    Under Alternative D, the total monthly release volume of October, November, and December would be equal to that under Alternative A to avoid the possibility of the operational tier differing from that of Alternative A, as established in the Interim Guidelines. The August volume was set to a moderate volume level (800 kaf in an 8.23 maf release year) to balance sediment conservation prior to a potential HFE and to address power production and capacity concerns. January through July monthly volumes were set at levels that roughly track Western Area Power Administration's contract rate of delivery. This produced a redistribution of monthly release volumes under Alternative D that would result in the most even distribution of flows of any alternative except for Alternative G. The allowable within-day fluctuation range from Glen Canyon Dam would be proportional to the volume of water scheduled to be released during the month (10 × monthly volume in kaf in the high-demand months of June, July, and August and 9 × monthly volume in kaf in other months). Up- and down-ramp rates would be the same as Alternative C.

    Experimentation under Alternative D includes testing the effects of the following actions: (1) Sediment-triggered spring and fall HFEs through the entire 20-year LTEMP period, (2) 24-hour proactive spring HFEs in high volume years (≥10 maf release volume), (3) extension of the duration of up to 45,000 cfs fall HFEs for as many as 250 hours depending on sediment availability, (4) reducing fluctuations after fall HFEs, (5) mechanical removal of trout near the Little Colorado River confluence, (6) trout management flows, (7) low summer flows in the second 10 years of the LTEMP period to allow greater warming, and (8) sustained low flows to improve the aquatic food base.

    Alternative E

    The objective of Alternative E is to provide for recovery of the humpback chub while protecting other important resources including sediment, the rainbow trout fishery at Lees Ferry, aquatic food base, and hydropower resources. Alternative E features a number of condition-dependent flow and non-flow actions that would be triggered by resource conditions.

    Under Alternative E, monthly volumes would closely follow the monthly hydropower demand as defined by the contract rate of delivery. The total monthly release volume of October, November, and December, however, would be equal to that under Alternative A to minimize the possibility of the operational tier differing from that of Alternative A as established in the Interim Guidelines. In addition, lower monthly volumes (relative to Alternative A) would be targeted in August and September to reduce sediment transport during the monsoon period, when most sediment is delivered by the Paria River. The allowable within-day fluctuation range from Glen Canyon Dam would be proportional to the volume of water scheduled to be released during the month (12 × monthly volume in kaf in high power demand months of June, July, and August, and 10 × monthly volume in kaf in other months).

    Experimentation under Alternative E includes testing the effects of the following actions: (1) Sediment-triggered fall HFEs through the entire 20-year LTEMP period, (2) sediment-triggered spring HFEs only in the second 10 years of the LTEMP period, (3) 24-hour proactive spring HFEs in high volume years (≥10 maf release volume), (4) reducing fluctuations before fall HFEs, (5) mechanical removal of trout near the Little Colorado River confluence, (6) trout management flows, and (7) low summer flows in the second 10 years of the LTEMP period to allow greater warming.

    Alternative F

    The objective of Alternative F is to a provide flows that follow a more natural pattern of high spring, and low summer, fall, and winter flows while limiting sediment transport and providing for warming in summer months. In keeping with this objective, Alternative F does not feature some of the flow and non-flow actions of the other alternatives.

    Under Alternative F, peak flows would be lower than pre-dam magnitudes to reduce sediment transport and erosion given the reduced sand supply downstream of the dam. Peak flows would be provided in May and June, which corresponds well with the timing of the pre-dam peak. The overall peak flow in an 8.23 maf year would be 20,000 cfs (scaled proportionately in drier and wetter years), and would include a 24 hour 45,000 cfs flow at the beginning of the spring peak period (e.g., on May 1) if there was no triggered spring HFE in same year, and a 168 hour (7 day) 25,000 cfs flow at the end of June. Following this peak, there would be a rapid drop to the summer base flow. The initial annual 45,000 cfs flow would serve to store sediment above the flows of the remainder of the peak, thus limiting sand transport further downstream and helping to conserve sandbars. The variability in flows within the peak would also serve to water higher elevation vegetation. There would be no within-day fluctuations in flow under Alternative F.

    Low base flows would be provided from July through January. These low flows would provide for warmer water temperatures, especially in years when releases are warm, and would also serve to reduce overall sand transport during the remainder of the year.

    Other than testing the effectiveness of sediment-triggered HFEs, which would continue through the entire LTEMP period, there would be no explicit experimental or condition-dependent triggered actions under Alternative F.

    Alternative G

    The objective of Alternative G is to maximize the conservation of sediment, in order to maintain and increase sandbar size. Under Alternative G, flows would be delivered in a steady pattern throughout the year with no monthly differences in flow other than those needed to adjust operations in response to changes in forecast and other operating requirements such as equalization. In an 8.23 maf year, steady flow would be approximately 11,400 cfs.

    Experimentation under Alternative G includes testing the effects of the following actions: (1) Sediment-triggered spring and fall HFEs through the entire 20-year LTEMP period, (2) 24-hour proactive spring HFEs in high volume years (≥10 maf release volume), (3) extension of the duration of up to 45,000 cfs fall HFEs for as many as 250 hours depending on sediment availability, (4) mechanical removal of trout near the Little Colorado River confluence, and (5) trout management flows.

    Public Review and Where to Find Copies of the DEIS

    The DEIS is available for reviewing on the internet at: http://ltempeis.anl.gov/. Compact disc copies of the DEIS are available for public review at the following locations:

    • J. Willard Marriott Library, University of Utah, 295 South 1500 East, Salt Lake City, Utah 84112.

    • Cline Library, Northern Arizona University, 1001 S. Knoles Drive, Flagstaff, Arizona 86011-6022.

    • Burton Barr Central Library, 1221 North Central Avenue, Phoenix, Arizona 85004.

    • Page Public Library, 479 South Lake Powell Boulevard, Page, Arizona 86040.

    • Grand County Library, Moab Branch, 257 East Center Street, Moab, Utah 84532.

    • Sunrise Library, 5400 East Harris Avenue, Las Vegas, Nevada 89110.

    • Denver Public Library, 10 West 14th Avenue Parkway, Denver, Colorado 80204.

    • Natural Resources Library, U.S. Department of the Interior, 1849 C Street NW., Main Interior Building, Washington, DC 20240-0001.

    Special Assistance for Public Meetings

    If special assistance is required to participate in the public meeting, please contact Ms. Jayne Kelleher at 801-524-3680 or via email at [email protected] Please contact Ms. Kelleher at least 10 working days prior to the meeting. A telephone device for the hearing impaired (TTY) is available at 1-800-877-8339.

    Public Disclosure

    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: December 21, 2015. Jennifer Gimbel, Principal Deputy Assistant Secretary—Water and Science. Michael Bean, Principal Deputy Assistant Secretary—Fish and Wildlife and Parks.
    [FR Doc. 2015-33274 Filed 1-7-16; 8:45 am] BILLING CODE 4332-90-P 4312-CB-P
    DEPARTMENT OF THE INTERIOR Office of the Special Trustee for American Indians [15XD0120AF-DT21200000-DST000000-T7AC00.241A] Notice of Proposed Renewal of Information Collection: OMB Control Number 1035-0003, Application to Withdraw Tribal Funds From Trust Status AGENCY:

    Office of the Special Trustee for American Indians, Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Special Trustee for American Indians, Department of the Interior, is announcing its intention to request renewal approval for the collection of information for Application to Withdraw Tribal Funds from Trust Status, OMB Control Number 1035-0003. This collection request has been forwarded to the Office of Management and Budget (OMB) for review and approval. The information collection request (ICR) describes the nature of the information collection and the expected burden and cost.

    DATES:

    OMB has up to 60 days to approve or disapprove the information collection request, but may respond after 30 days; therefore, public comments should be submitted to OMB by February 8, 2016, in order to be assured of consideration.

    ADDRESSES:

    Submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Department of the Interior (1035-0003), by telefax at (202) 395-5806 or via email to [email protected] Also, please send a copy of your comments to the Office of the Special Trustee, Office of External Affairs, Attn: Roberson D. Becenti, 4400 Masthead St. NE., Room 259A, Albuquerque, New Mexico 87109. You may also email comments to [email protected] Individuals providing comments should reference OMB control number 1035-0003, “Application to Withdraw Tribal Funds from Trust Status, 25 CFR 1200.”

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this information collection or to obtain a copy of the collection instrument, see the contact information provided in the ADDRESSES section above. To see a copy of the entire ICR submitted to OMB, go to: http://www.reginfo.gov and select Information Collection Review, Currently Under Review.

    SUPPLEMTARY INFORMATION: I. Abstract

    Office of Management and Budget (OMB) regulations at 5 CFR 1320, which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-131), require that interested members of the public and affected parties have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d). This notice identifies an information collection activity that the Office of the Special Trustee for American Indians has submitted to OMB for renewal.

    Public Law 103-412, The American Indian Trust Fund Management Reform Act of 1994 (Act), allows Indian tribes on a voluntary basis to take their funds out of trust status within the Department of the Interior (and the Federal Government) in order to manage and invest such funds on their own. 25 CFR part 1200, subpart B, Sec. 1200.13, “How does a tribe apply to withdraw funds?” describes the requirements for application for withdrawal. The Act covers all tribal trust funds including judgment funds as well as some settlements funds, but excludes funds held in Individual Indian Money accounts. Both the Act and the regulations state that upon withdrawal of the funds, the Department of the Interior (and the Federal Government) have no further liability for such funds. Accompanying their application for withdrawal of trust funds, tribes are required to submit a Management Plan for managing the funds being withdrawn, to protect the funds once they are out of trust status.

    This information collection allows the Office of the Special Trustee for American Indians to collect the tribes' applications for withdrawal of funds held in trust by the Department of the Interior. If this information were not collected, the Office of the Special Trustee for American Indians would not be able to comply with the American Indian Trust Fund Management Reform Act of 1994 (Pub. L. 103-412), and tribes would not be able to withdraw funds held for them in trust by the Department of the Interior.

    II. Data

    (1) Title: Application to Withdraw Tribal Funds from Trust Status, 25 CFR 1200.

    OMB Control Number: 1035-0003.

    Current Expiration Date: January 31, 2016

    Type of Review: Extension without change of a currently approved collection.

    Affected Entities: Tribal Governments.

    Estimated annual number of respondents: One respondent per year.

    Frequency of response: Once per tribe per trust fund withdrawal application.

    (2) Annual reporting and record keeping burden:

    Total annualized reporting per respondent: 1.

    Total annualized reporting: 750 hours.

    (3) Description of the need and use of the information: The statutorily-required information is needed to approve tribal applications to withdraw funds from accounts held in trust for tribes by the United States Government, for self-management.

    (4) As required under 5 CFR 1320.8(d), a Federal Register notice soliciting comments on the information collection was published on October 19, 2015 (80 FR 63253). No comments were received. This notice provides the public with an additional 30 days in which to comment on the proposed information collection activity.

    III. Request for Comments

    The Department of the Interior invites comments on:

    (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (b) The accuracy of the agency's estimate of the burden of the collection and the validity of the methodology and assumptions used;

    (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other collection techniques or other forms of information techniques.

    “Burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    It is our policy to make all comments available to the public for review. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal information in your comments(s), you should be aware that your entire comment (including PII) may be made available to the public at any time. While you may ask us in your comment to withhold PII from public view, we cannot guarantee that we will be able to do so. If you wish to view any comments received, you may do so by scheduling an appointment with the Office of the Special Trustee for American Indians by using the contact information in the ADDRESSES section above. A valid picture identification is required for entry into the Department of the Interior.

    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 Office of Management and Budget control number.

    Dated: December 30, 2015. David Beeksma, Director, Office of External Affairs, Office of the Special Trustee for American Indians.
    [FR Doc. 2016-00109 Filed 1-7-16; 8:45 am] BILLING CODE 4334-63-P
    DEPARTMENT OF LABOR Office of the Secretary Request for Information; Comment Request; Department of Labor Research and Evaluation Plan for 2016 AGENCY:

    Office of the Assistant Secretary for Policy, Chief Evaluation Office.

    ACTION:

    Request for information.

    SUMMARY:

    The Department of Labor (DOL), as part of its continuing effort to improve the quality and use of research and evaluation, is requesting comments from the public on its 2016 Research and Evaluation Plan.

    DATES:

    Written comments must be received by the office listed in the addressee section below on or before February 8, 2016.

    ADDRESSES:

    A copy of this research and evaluation plan may be obtained free of charge by contacting Jonathan Simonetta, Chief Evaluation Office, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210, Email: [email protected]

    You may submit comments by one of the following methods: Email: [email protected]; Mail or Courier: Jonathan Simonetta, Chief Evaluation Office, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210. Instructions: Please submit one copy of your comments, preferably by email. We continue to experience delays in receiving mail in the Washington, DC area, therefore commenters are strongly encouraged to transmit their comments electronically via email or to submit them early by mail.

    FOR FURTHER INFORMATION CONTACT:

    Jonathan Simonetta, Chief Evaluation Office, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC, 20210, by telephone at 202-693-5959 (this is not a toll-free number), or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    U.S. Department of Labor, Chief Evaluation Office, Fiscal Year 2016 Evaluation Plan Priorities and Themes.

    The U.S. Department of Labor's Chief Evaluation Office (CEO) directly funds and sponsors evaluations and also collaborates with other DOL agencies and programs to design and conduct evaluations that those agencies sponsor. The Department's annual evaluation plan is based mainly on agencies' priorities, the Department's Strategic Plan priorities, statutory requirements for evaluations, and continuing

    discussions with agency leadership and program staff.

    In addition to funds appropriated for Departmental Program Evaluations (DPE), Division G, Title I, Section 107 of Public Law 113-235 of the Consolidated and Further Continuing Appropriations Act, 2015 (the Act) authorizes the Secretary of Labor to reserve not more than 0.5 percent from specific budget accounts for transfer to and use by the Office of the Chief Evaluation Officer for departmental program evaluation. The accounts referred to in subsection (a) of the Act are: Training and Employment Services, Job Corps, Community Service Employment for Older Americans, State Unemployment Insurance and Employment Service Operations, Employee Benefits Security Administration, Office of Workers' Compensation Programs, Wage and Hour Division, Office of Federal Contract Compliance Programs, Office of Labor-Management Standards, Occupational Safety and Health Administration, Mine Safety and Health Administration, funding made available to the Bureau of International Affairs and Women's Bureau within the Departmental Management, Salaries and Expenses account, and Veterans Employment and Training. Set-aside funds are transferred to CEO and are available for evaluations of programs administered by the agencies responsible for those budget accounts.

    Evaluation funding (core and set-aside) must be obligated within two years. The following sections present principles followed in developing the evaluation plan and a summary of the priorities and themes for potential evaluation projects expected to be initiated in FY 2016. Of particular note is that the Workforce Innovation and Opportunity Act (WIOA) of 2014 requires several specific evaluations, which will be carried out collaboratively by CEO and the Employment and Training Administration (ETA); some WIOA-specific studies are included in this plan and others will be included in subsequent years' plans.

    Guiding Principles

    Three principles guide the Department's overall evaluation plan and all studies initiated by the CEO:

    1. Prioritize studies that focus on measuring the effectiveness of key program outputs and outcomes consistent with Departmental priorities, the Departmental Strategic Plan, Agency Learning Agendas, and Agency Operating Plans.

    2. Encourage the most rigorous evaluation designs possible to address the evaluation question of interest, particularly experimental designs, but also non-experimental designs, in a manner that is realistic given the programmatic missions/goals, programmatic maturity, data availability, and analytic capability.

    3. Expand the capacity, knowledge, and utilization of high quality evaluation designs and methods department-wide; and improve the quality of data that can be used for evaluations.

    Agency Learning Agendas identify priorities for evaluations that can help agencies measure their effectiveness, their progress towards goals and outcomes, continuous improvement, and, in some cases, meet Congressional requirements for reports and evaluations. Evaluations focus on program performance and outcomes, measuring the impacts of core programs and services, evaluating new programs and initiatives, and testing the relative effectiveness of alternative program practices, using the most rigorous methodologies possible.

    Evaluation Priorities and Themes for FY 2016

    These themes reflect a diverse mix of potential activities designed to build evidence about what works and the factors that influence or are related to Departmental programs. Broadly, four types of projects are considered in pursuing the priorities:

    • Statistical Analyses of Trends in Programs, Labor Supply and Demand, Economic Conditions, and the Labor Market as they Relate to DOL Programs;

    • Exploratory, Formative and Implementation Evaluations, and Designs and Evaluability Assessments for Pilots and Demonstrations;

    • Formal Evaluations of Programs and Demonstrations; and

    • Research and Evaluation Capacity Building Activities.

    A. Statistical Analysis of Trends and Surveys

    In FY 2016, CEO is exploring the following themes, possibly through statistical analyses using agency administrative data, surveys or statistical databases:

    • Labor Market and Occupational Trends in Selected Industry Sectors;

    • Gender Patterns and Pay in Occupations and Industries;

    • Caregiving and Women's Retirement Security;

    • Unemployment and Unemployment Insurance;

    • Labor Enforcement Program Data (OSHA, WHD, OFCCP);

    • Immigration, Immigrants, and Work Visas;

    • Employment of Veterans; and

    • Analysis of Adult Skills and Competencies.

    B. Exploratory, Formative and Implementation Evaluations, Evaluability Assessments, Feasibility Studies, and Structured Evidence/Literature Reviews

    In FY 2016, CEO is exploring the following priorities and types of studies, possibly through exploratory evaluations using formative and implementation analysis methods, and evidence reviews.

    • Evidence and Literature Reviews

    ○ CLEAR Reviews. Structured literature and evidence reviews will be conducted using the review standards and guidelines established for the Clearinghouse for Labor Evaluation and Research (CLEAR);

    ○ Active Labor Market Policies and Livelihood Services in Developing Countries;

    ○ Policies and Strategies to Address Child Labor and Forced Labor; and

    ○ Education, Training and Certification Pathways.

    • Job Driven Skills and Training

    ○ Models for Improving Basic Skills and Career Preparation (e.g., GED and new testing mode, career education);

    ○ Occupational Credentialing and Training Program Practices;

    ○ Characteristics of, Services to, and Employment Outcomes for Unemployed and Dislocated Workers;

    ○ Employment Effects of Soft Skills Training and Job Search Strategies for Adults and Youth; and

    ○ Models of Engagement with, and Effect of Programs on, Businesses and Employers (e.g., Job Corps and other youth programs, adult workforce programs, job training programs, veterans programs).

    • WIOA Implementation

    ○ Implementation of WIOA; and

    ○ Strategies and Services Delivery in One Stop Centers/American Job Centers.

    • Veterans

    ○ Strategies and Models of Employment Services for Serving Veterans and Alternative Models; and

    ○ Models for Improving the Transition of Individuals from Active Military Duty to Civilian Employment.

    • Other Special Populations

    ○ DOL Programs and Services in Native American, Tribal, and Pacific Islander Urban and Rural Communities;

    ○ Employer Practices Regarding Accommodation and Talent-development of Employees with Disabilities; and

    ○ Role of Intermediaries, including Non-Farm Labor Contractors, in the Hiring of Farmworkers.

    • Labor Standards, Worker Safety and Health, Compliance, and Compliance Assistance

    ○ Worker Rights in Developing Countries;

    ○ Child Labor Information and Technical Assistance Efforts in Developing Countries; and

    ○ Labor Standards in Supply Chains in Selected Industries.

    C. Formal Evaluations of Programs and Demonstrations

    In FY 2016, CEO is exploring the following themes, possibly through formal evaluations to test promising strategies, replicate proven models, and estimate the effectiveness of program components and service delivery approaches:

    • Youth

    ○ National Guard Youth ChalleNGe Job ChalleNGe Demonstration;

    ○ Performance Partnership Pilots (P3) for Disconnected Youth;

    ○ Job Corps Innovations Pilots; and

    ○ Youth Build.

    • Job-Driven Skills and Training

    ○ American Apprenticeship Initiative Grants;

    ○ Employment and Training Services for Adults, Dislocated Workers, Out of School Youth, and Foster Youth;

    ○ Innovative Career Pathways Models; and

    ○ Subsidized Employment and Tax Credit Strategies to Increase Employment.

    • Employment and Reemployment

    ○ Innovative Strategies for Improving Employment Outcomes for Incarcerated and Formerly Incarcerated Individuals and

    ○ Effective Reemployment Strategies for Unemployed Workers and Recipients of Unemployment Insurance.

    • Behavioral Economics and Insights

    ○ Evaluations Using Behavioral Insights to Improve Program Outcomes in DOL Employment and Training and Worker Protection Programs.

    • Labor Standards, Worker Health and Safety, Compliance and Compliance Assistance

    ○ Deterrence Strategies for Improving Compliance with Labor Standards Laws and Regulations;

    ○ Evaluation of Voluntary Compliance with Labor Standards Laws and Regulations;

    ○ Effectiveness of Various Methods and Strategies for Inspection, Compliance, and Enforcement; and

    ○ Improving Injury and Illness Reporting.

    • Worker Security, Benefits, and Tax Strategies

    ○ Effectiveness of Financial Literacy Strategies;

    ○ Effect of Worker Benefits on Family, Worker, and Child Well-being; and

    ○ Effectiveness of Tax Credits and Wage Subsidy Strategies on Employment Outcomes.

    • Outreach, Information, Training, and Technical Assistance

    ○ Effective Translation and Adoption of Federal Policies by States and Localities;

    ○ Effectiveness of Inspector Training Programs; and

    ○ Effectiveness of Technical Assistance and Outreach.

    D. Research and Evaluation Capacity Building Activities

    It is important to complement evaluation studies with other activities designed to continuously reinforce the role of evaluation at DOL: The importance of evaluation for achieving performance goals and objectives; the integration of evaluation into ongoing management; and the expectation of high quality products and reports. Dissemination of evaluation reports and access to accumulating evidence is also essential, as is the commitment to developing a pipeline of labor-focused young evaluators/scholars. This category includes various activities to continue to build DOL's evaluation capacity, such as:

    • DOL Scholars Research Program (with priority given to young scholars);

    • Collaborative Cross-Agency Statistical Analysis; and

    • Wage Record Data Exchanges for Evaluations.

    Acronyms BLS, Bureau of Labor Statistics CEO, Chief Evaluation Office EBSA, Employee Benefits Security Administration ETA, Employment and Training Administration ILAB, Bureau of International Labor Affairs MSHA, Mine Safety and Health Administration OASP, Office of the Assistant Secretary for Policy ODEP, Office of Disability Employment Policy OFCCP, Office of Federal Contract Compliance Programs OLMS, Office of Labor-Management Standards OSEC, Office of the Secretary OSHA, Occupational Safety and Health Administration OWCP, Office of Workers' Compensation Programs SOL,  Office of the Solicitor UI, Unemployment Insurance VETS, Veterans' Employment & Training Service WHD, Wage and Hour Division WB, Women's Bureau

    Instructions, Who Should Respond: We invite practitioners, policy makers, program directors, business and industry associations, nonprofit organizations, and researchers to provide feedback on the priorities, the themes and the types of studies and approaches included in the 2016 plan, and suggestions for related evaluation areas topics, for example:

    • Are there other themes or topics that should be considered for inclusion in the evaluation plan?

    • What types of evaluations or topics would be of most relevance to program practitioners?

    • Are there any particular data or resource constraints that should be considered?

    Guidance for Submitting Documents

    On page one of your submission, please indicate your name, the name of your organization (if applicable), and your contact information (including phone number, postal address, and email address). While not required, it would assist us in reviewing your information if you also included the type of organization you represent (public, private, not-for-profit, or philanthropic), the field(s) in which you work and the level at which you operate (national, state, regional, local or tribal).

    Rights to Materials: By submitting material in response to this RFI, the respondent is agreeing to grant the Department a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use the material and to make it publicly available. Further, the respondent agrees that it owns, has a valid license, or is otherwise authorized to provide the material to the Department. The Department will not provide any compensation for material submitted in response to this RFI.

    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 the Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Signed: at Washington, DC this 17th day of December, 2015. Sharon I. Block, Principal Deputy Assistant Secretary for Policy, U.S. Department of Labor.
    [FR Doc. 2016-00170 Filed 1-7-16; 8:45 am] BILLING CODE 4510-HX-P
    DEPARTMENT OF LABOR Office of the Assistant Secretary for Veterans' Employment and Training (OASVET); Agency Information Collection Activities; Comment Request; VETS' Competitive Grant Programs Reporting ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL) is soliciting comments concerning a proposed approval for the authority to conduct the information collection request (ICR) titled, “VETS' Competitive Grant Programs Reporting Data Collection.” This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.

    DATES:

    Consideration will be given to all written comments received by March 8, 2016.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation, including a description of the likely respondents, proposed frequency of response, and estimated total burden, may be obtained for free by contacting Bradley Sickles by telephone at (202) 693-4741 (this is not a toll-free number) or by email at [email protected] Submit written comments about, or requests for a copy of, this ICR by mail or courier to the U.S. Department of Labor, Veterans' Employment and Training Service, Room S1325, 200 Constitution Avenue NW., Washington, DC 20210; by email: [email protected]; or by fax (202-693-4755).

    FOR FURTHER INFORMATION CONTACT:

    Bradley Sickles, by telephone at (202) 693-4741 (this is not a toll-free number) or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The DOL, as part of continuing efforts to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collections of information before submitting them to the Office of Management and Budget (OMB) for final approval. This program helps to ensure requested data will be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements can be properly assessed.

    The forms and formats contained in this information collection request apply to the following competitive grants (CG): Homeless Veterans' Reintegration Program (HVRP) and the Stand Down Grants Program (38 U.S.C. 2021); Homeless Female Veterans and Homeless Veterans with Families (HFVHVF) reintegration grant program (38 U.S.C. 2021A); Incarcerated Veterans' Transition Program (IVTP) (38 U.S.C. 2023); and the Veterans' Workforce Investment Program (VWIP), (29 U.S.C. 2913). This information collection is authorized by the provisions at 38 U.S.C. 2021(b); 38 U.S.C. 2021A(c); 29 U.S.C. 2913(b)(2); and section 200.328, title II, Code of Federal Regulations (2 CFR 200.328).

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it under the PRA and it displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6.

    Interested parties are encouraged to provide comments to the contact shown in the addresses section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention “VETS' CG Programs Reporting Data Collection.”

    Submitted comments will also be a matter of public record for this ICR and posted on the Internet without redaction. The DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/information in any comments.

    The DOL is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses.

    Agency: DOL—VETS.

    Type of Review: New.

    Title of Collection: VETS' Competitive Grant Programs Reporting.

    Forms:

    1. VETS-700, Competitive Grants (CG) Planned Goals Chart;

    2. VETS-701, CG Technical Performance Report (TPR);

    3. VETS-702, CG Technical Performance Narrative (TPN);

    4. VETS-703, Stand Down After Action Report (SDAAR)

    OMB Control Number: 1293-0NEW.

    Affected Public: State, Local, and Tribal Governments; Private Sector—businesses or other for-profits and not-for-profit institutions.

    Estimated Number of Respondents: 325.

    Frequency: Quarterly.

    Total Estimated Annual Responses: 1,300.

    Estimated Average Time per Response: 12 Hours.

    Estimated Total Annual Burden Hours: 15,600 hours.

    Total Estimated Annual Other Cost Burden: $0.

    Authority:

    44 U.S.C. 3506(c)(2)(A).

    Dated: Signed in Washington, DC, this 4th day of January, 2016. Teresa W. Gerton, Deputy Assistant Secretary for Veterans' Employment and Training.
    [FR Doc. 2016-00164 Filed 1-7-16; 8:45 am] BILLING CODE 4510-79-P
    DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agreement Approval Process for Use of Functional Affirmative Action Programs ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) revision titled, “Agreement Approval Process for Use of Functional Affirmative Action Programs,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited.

    DATES:

    The OMB will consider all written comments that agency receives on or before February 8, 2016.

    ADDRESSES:

    A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201511-1250-001 (this link will only become active on the day following publication of this notice) or by contacting Seleda Perryman by telephone at 202-693-4131, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]

    Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OFCCP, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected] Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor—OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: [email protected]

    FOR FURTHER INFORMATION:

    Contact Seleda Perryman by telephone at 202-693-4131, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to [email protected]

    Authority: 44 U.S.C. 3507(a)(1)(D).

    SUPPLEMENTARY INFORMATION:

    This ICR seeks approval under the PRA for revisions to the Agreement Approval Process for Use of Functional Affirmative Action Programs. The regulations implementing Executive Order 11246 permit Federal supply and service contractors to develop affirmative action programs (AAPs) that are based on business functions or business units rather than AAPs based on establishments. Functional affirmative action programs (FAAPs) are designed to provide contractors with the option of creating AAPs that better fit their business needs. To develop and implement a FAAP, Federal contractors must receive written approval from the Director of OFCCP. This Information Collection Request (ICR) addresses the collection of information associated with the process for obtaining, modifying, updating, and renewing an agreement that allows contractors to develop and use functional AAPs. This information collection has been classified as a revision, because OFCCP is requesting Office of Management and Budget (OMB) approval of 1,427 hours (9.5 hour per contractor) in reporting burden for its approval process to allow contractors to develop function based affirmative action programs. This is an increase over the previous request of 926 hours (7.6 hours per contractor). The increase is primarily attributed to the addition of a certification requirement. Additionally, in response to contractor comments, OFCCP removed the requirement in the previous directive that contractors requesting to use functional or business unit affirmative action programs provide a copy of a Federal contract. There are no recordkeeping or third party disclosure burdens associated with this Information Collection Request. Those requirements are accounted for under 1250-0003. 41 CFR 60-2.1(d)(4) authorizes this information collection.

    This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1250-0006. The current approval is scheduled to expire on December 31, 2015, however, the DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval. For additional substantive information about this ICR, see the related notice published in the Federal Register on July 16, 2015 (80 FR 42127).

    Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1250-0006. The OMB is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Agency: DOL-OFCCP.

    Title of Collection: Agreement Approval Process for Use of Functional Affirmative Action Programs.

    OMB Control Number: 1250-0006.

    Affected Public: Private Sector.

    Total Estimated Number of Respondents: 150.

    Total Estimated Number of Responses: 150.

    Total Estimated Annual Time Burden: 1,427 hours.

    Total Estimated Annual Other Costs Burden: $89.

    Dated: December 31, 2015. Linda Watts Thomas, Acting Departmental Clearance Officer.
    [FR Doc. 2016-00168 Filed 1-7-16; 8:45 am] BILLING CODE 4510-CM-P
    OFFICE OF MANAGEMENT AND BUDGET OMB Final Sequestration Report to the President and Congress for Fiscal Year 2016 AGENCY:

    Executive Office of the President, Office of Management and Budget.

    ACTION:

    Notice of availability of the OMB Final Sequestration Report to the President and Congress for FY 2016.

    SUMMARY:

    OMB is issuing its Final Sequestration Report to the President and Congress for FY 2016 to report on compliance of enacted 2016 discretionary appropriations legislation with the discretionary caps. The report finds that enacted appropriations are within the current law defense and non-defense discretionary limits for 2016; therefore, a sequestration of discretionary budget authority is not required.

    DATES:

    Effective Date: January 4, 2016. Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, requires the Office of Management and Budget (OMB) to issue its Final Sequestration Report 15 calendar days after the end of a congressional session. With regard to this final report and to each of the three required sequestration reports, section 254(b) specifically states the following:

    SUBMISSION AND AVAILABILITY OF REPORTS.—Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register.

    ADDRESSES:

    The OMB Sequestration Reports to the President and Congress is available on-line on the OMB home page at: http://www.whitehouse.gov/omb/legislative_reports/sequestration

    FOR FURTHER INFORMATION CONTACT:

    Thomas Tobasko, 6202 New Executive Office Building, Washington, DC 20503, Email address: [email protected], telephone number: (202) 395-5745, FAX number: (202) 395-4768. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications.

    Shaun Donovan, Director.
    [FR Doc. 2016-00087 Filed 1-7-16; 8:45 am] BILLING CODE P
    NATIONAL SCIENCE FOUNDATION Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    National Science Foundation.

    ACTION:

    Notice.

    SUMMARY:

    Under the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501 et seq.), and as part of its continuing effort to reduce paperwork and respondent burden, the National Science Foundation (NSF) is inviting the general public and other Federal agencies to comment on this proposed information collection.

    DATES:

    Written comments on this notice must be received by March 8, 2016 to be assured of consideration. Comments received after that date will be considered to the extent practicable.

    ADDRESSES:

    Written comments regarding the information collection and requests for copies of the proposed information collection request should be addressed to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, VA 22230, or by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Suzanne Plimpton on (703) 292-7556 or send email to [email protected] Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays).

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Antarctic emergency response plan and environmental protection information.

    OMB Approval Number: 3145-0180.

    Expiration Date of Approval: June 30, 2016.

    Abstract: The NSF, pursuant to the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.) (“ACA”) regulates certain non-governmental activities in Antarctica. The ACA was amended in 1996 by the Antarctic Science, Tourism, and Conservation Act. On September 7, 2001, NSF published a final rule in the Federal Register (66 FR 46739) implementing certain of these statutory amendments. The rule requires non-governmental Antarctic expeditions using non-U.S. flagged vessels to ensure that the vessel owner has an emergency response plan. The rule also requires persons organizing a non-governmental expedition to provide expedition members with information on their environmental protection obligations under the Antarctic Conservation Act.

    Expected Respondents. Respondents may include non-profit organizations and small and large businesses. The majority of respondents are anticipated to be U.S. tour operators, currently estimated to number fifteen.

    Burden on the Public. The Foundation estimates that a one-time paperwork and recordkeeping burden of 40 hours or less, at a cost of $500 to $1400 per respondent, will result from the emergency response plan requirement contained in the rule. Presently, all respondents have been providing expedition members with a copy of the Guidance for Visitors to the Antarctic (prepared and adopted at the Eighteenth Antarctic Treaty Consultative Meeting as Recommendation XVIII-1). Because this Antarctic Treaty System document satisfies the environmental protection information requirements of the rule, no additional burden shall result from the environmental information requirements in the proposed rule.

    Dated: January 5, 2016. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2016-00137 Filed 1-7-16; 8:45 am] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 AGENCY:

    National Science Foundation.

    ACTION:

    Notice of permit applications received under the Antarctic Conservation Act of 1978, Public Law 95-541.

    SUMMARY:

    The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at title 45 part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

    DATES:

    Interested parties are invited to submit written data, comments, or views with respect to this permit application by February 8, 2016. This application may be inspected by interested parties at the Permit Office, address below.

    ADDRESSES:

    Comments should be addressed to Permit Office, Room 755, Division of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230.

    FOR FURTHER INFORMATION CONTACT:

    Nature McGinn, ACA Permit Officer, at the above address or [email protected]

    SUPPLEMENTARY INFORMATION:

    The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95-541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas.

    Application Details 1. Applicant Permit Application: 2016-018

    Michael Gooseff, INSTAAR, 1560 30th Street, Boulder, CO 80309

    Activity for Which Permit Is Requested

    Enter Antarctic Specially Protected Areas. The applicant plans to enter Canada Glacier, Lake Fryxell, to continue operation of a previously installed, continuously recording stream gauge station, perform maintenance, conduct stream flow measurements and collect water quality samples near the stream gauge site. The applicant will also collect water quality samples of the melt-water of the Canada Glacier and along the length of the stream to study in-stream biogeochemical processes. The applicant plans to collect a maximum of five moss samples per year using a 3 cm corer to a depth of about 3 cm and a maximum of five soil samples of approximately 200 g per year from which to extract nematodes. Photography, LIDAR, and other survey and monitoring techniques may be used to detect changes in the stream bed and algal mat distribution over time, and/or to monitor the change in the stream gauge system through time.

    The applicant also plans to enter Lower Taylor Glacier and Blood Falls to continue measurements of the Santa Fe Stream including: Stream-flow using velocity meters; pH, temperature, and conductivity via meters; and collection of water quality samples. The collection of water from the Blood Falls area occurs on the glacial moraine, not the glacier itself, and the sample is small (< 1 L) and comprised of both brine reservoir discharge (when present) and surface ice melt-water.

    Location

    ASPA no. 131, Canada Glacier, Lake Fryxell, Taylor Valley, Victoria Land; ASPA No. 172, Lower Taylor Glacier and Blood Falls, Taylor Valley, McMurdo Dry Valleys, Victoria Land.

    Dates

    February 29, 2016 to February 28, 2021.

    Nadene G. Kennedy, Polar Coordination Specialist, Division of Polar Programs.
    [FR Doc. 2016-00085 Filed 1-7-16; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2016-0001] Sunshine Act Meeting Notice DATE:

    January 11, 18, 25, February 1, 8, 15, 2016.

    PLACE:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    STATUS:

    Public and Closed.

    Week of January 11, 2016

    There are no meetings scheduled for the week of January 11, 2016.

    Week of January 18, 2016—Tentative

    There are no meetings scheduled for the week of January 18, 2016.

    Week of January 25, 2016—Tentative

    There are no meetings scheduled for the week of January 25, 2016.

    Week of February 1, 2016—Tentative

    There are no meetings scheduled for the week of February 1, 2016.

    Week of February 8, 2016—Tentative

    There are no meetings scheduled for the week of February 8, 2016.

    Week of February 15, 2016—Tentative

    There are no meetings scheduled for the week of February 15, 2016.

    The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at [email protected]

    The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.

    The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify Kimberly Meyer, NRC Disability Program Manager, at 301-287-0739, by videophone at 240-428-3217, or by email at [email protected] Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email [email protected] or [email protected]

    Dated: January 6, 2016. Denise L. McGovern, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2016-00306 Filed 1-6-16; 4:15 pm] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION Request To Amend a License To Import Radioactive Waste

    Pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 110.70(b) “Public Notice of Receipt of an Application,” please take notice that the U.S. Nuclear Regulatory Commission (NRC) has received the following requests for import and export license amendments. Copies of the requests are available electronically through the Agencywide Documents Access and Management System (ADAMS) and can be accessed through the Public Electronic Reading Room (PERR) link http://www.nrc.gov/reading-rm.html at the NRC Homepage.

    A request for a hearing or petition for leave to intervene may be filed within thirty days after publication of this notice in the Federal Register. Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520.

    A request for a hearing or petition for leave to intervene may be filed with the NRC electronically in accordance with NRC's E-Filing rule promulgated in August 2007, 72 FR. 49139 (Aug. 28, 2007). Information about filing electronically is available on the NRC's public Web site at http://www.nrc.gov/ site-help/e-submittals.html. To ensure timely electronic filing, at least five days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by email at [email protected], or by calling (301) 415-1677, to request a digital ID certificate and allow for the creation of an electronic docket.

    In addition to a request for hearing or petition for leave to intervene, written comments, in accordance with 10 CFR 110.81, should be submitted within 30 days after publication of this notice in the Federal Register to Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and Adjudications.

    The information concerning this import license amendment application follows.

    NRC Import License Amendment Application Description of Material Name of applicant, date of application, date
  • received, application
  • No., docket No.
  • Material type Total quantity End use Country from
    EnergySolutions
  • November 2, 2015
  • November 6, 2015
  • XW010/03
  • 11005620
  • Class A radioactive waste. All materials subject to this authorization are materials imported under EnergySolutions Import license XW010/03 Increase (up from 5,500 tons to a new maximum total of 10,000 tons of low-level waste) Amend to add three domestic suppliers located in Tennessee, and to extend the expiration date from December 31, 2017 to December 31, 2020. Amend to remove the restriction that the imported radioactive material cannot exceed the Class A definition as defined in 10 CFR 61.55. The attributed Canadian waste will be returned under XW010 (and subsequent amendments) Canada.

    For the Nuclear Regulatory Commission.

    Dated this 28th day of December 2015, at Rockville, Maryland. Elizabeth Smiroldo, Acting Director, Office of International Programs.
    [FR Doc. 2016-00162 Filed 1-7-16; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2016-75 and CP2016-93; Order No. 2974] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Parcel Select Contract 13 negotiated service agreement to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Parcel Select Contract 13 to the competitive product list.1

    1 Request of the United States Postal Service to Add Parcel Select Contract 13 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, December 31, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Request, Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2016-75 and CP2016-93 to consider the Request pertaining to the proposed Parcel Select Contract 13 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Nina Yeh to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2016-75 and CP2016-93 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Nina Yeh is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00132 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2014-75; Order No. 2972] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an amendment to First-Class Package Service Contract 37 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction

    On December 31, 2015, the Postal Service filed notice that it has agreed to an Amendment to the existing First-Class Package Service Contract 37 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment. Notice, Attachment A. Because it states that the Amendment will not materially affect the cost coverage of the existing agreement, it asserts the original financial documentation and certification of compliance with 39 U.S.C. 3633(a) remain applicable. Notice at 1.

    1 Notice of United States Postal Service of Amendment to First-Class Package Service Contract 37, with Portions Filed Under Seal, December 31, 2015 (Notice).

    The Postal Service also filed the unredacted Amendment under seal. The Postal Service seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of information that it has filed under seal. Id.

    The Amendment modifies the Annual Adjustment provision in section II. 1 of the existing agreement. Notice, Attachment A at 1.

    The Postal Service intends for the Amendment to become effective two business days after the date that the Commission completes its review of the Notice. Notice at 1. The Postal Service asserts that the Amendment will not impair the ability of the contract to comply with 39 U.S.C. 3633. Id.

    II. Notice of Filings

    The Commission invites comments on whether the changes presented in the Postal Service's Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to represent the interests of the general public (Public Representative) in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission reopens Docket No. CP2014-75 for consideration of matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth R. Moeller to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00130 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2016-74 and CP2016-91; Order No. 2976] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of First-Class Package Service Contract 42 negotiated service agreement to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add First-Class Package Service Contract 42 to the competitive product list.1

    1 Request of the United States Postal Service to Add First-Class Package Service Contract 42 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, December 30, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Request, Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2016-74 and CP2016-91 to consider the Request pertaining to the proposed First-Class Package Service Contract 42 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2016-74 and CP2016-91 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Kenneth R. Moeller is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00134 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2012-47; Order No. 2971] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an amendment to Priority Mail Contract 41 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction

    On December 31, 2015, the Postal Service filed notice that it has agreed to an Amendment to the existing Priority Mail Contract 41 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment and a certification of compliance with 39 U.S.C. 3633(a), as required by 39 CFR 3015.5.

    1 Notice of United States Postal Service of Change in Prices Pursuant to Amendment to Priority Mail Contract 41, December 31, 2015 (Notice).

    The Postal Service also filed the unredacted Amendment and supporting financial information under seal. The Postal Service seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of information that it has filed under seal. Id. at 1. The Amendment changes prices under Priority Mail Contract 41. Id.

    The Postal Service intends for the Amendment to become effective one business day after the date that the Commission completes its review of the Notice. Id. The Postal Service asserts that the Amendment will not impair the ability of the contract to comply with 39 U.S.C. 3633. Id., Attachment B.

    II. Notice of Filings

    The Commission invites comments on whether the changes presented in the Postal Service's Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Nina Yeh to represent the interests of the general public (Public Representative) in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission reopens Docket No. CP2012-47 for consideration of matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, the Commission appoints Nina Yeh to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00129 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2016-92; Order No. 2975] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an additional Global Reseller Expedited Package Services 2 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    On December 31, 2015, the Postal Service filed notice that it has entered into an additional Global Reseller Expedited Package Services 2 (GREPS 2) negotiated service agreement (Agreement).1

    1 Notice of United States Postal Service of Filing a Functionally Equivalent Global Reseller Expedited Package 2 Negotiated Service Agreement, December 31, 2015 (Notice).

    To support its Notice, the Postal Service filed a copy of the Agreement, a copy of the Governors' Decision authorizing the product, and an application for non-public treatment of certain materials. It also filed supporting financial workpapers under seal. Pursuant to 39 CFR 3015.5(c)(2), a certification of compliance with 39 U.S.C. 3633(a) was filed with the Commission on January 4, 2016.2

    2 Notice of the United States Postal Service of Filing Financial Workpapers and Certified Statement, January 4, 2016.

    II. Notice of Commission Action

    The Commission establishes Docket No. CP2016-92 for consideration of matters raised by the Notice.

    The Commission invites comments on whether the Postal Service's filing is consistent with 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of the filing can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Kenneth R. Moeller to serve as Public Representative in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. CP2016-92 for consideration of the matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, Kenneth R. Moeller is appointed to serve as an officer of the Commission to represent the interests of the general public in this proceeding (Public Representative).

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00133 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2015-112; Order No. 2973] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an amendment to Priority Mail Contract 138 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction

    On December 31, 2015, the Postal Service filed notice that it has agreed to an Amendment to the existing Priority Mail Contract 138 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment and a certification of compliance with 39 U.S.C. 3633(a), as required by 39 CFR 3015.5.

    1 Notice of United States Postal Service of Change in Prices Pursuant to Amendment to Priority Mail Contract 138, December 31, 2015 (Notice).

    The Postal Service also filed the unredacted Amendment and supporting financial information under seal. Id. at 1. The Postal Service seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of information that it has filed under seal. Id. The Amendment changes prices under Priority Mail Contract 138 as contemplated by the contract's terms. Id.

    The Postal Service intends for the Amendment to become effective one business day after the date that the Commission completes its review of the Notice. Id. The Postal Service asserts that the Amendment will not impair the ability of the contract to comply with 39 U.S.C. 3633. Id., Attachment B.

    II. Notice of Filings

    The Commission invites comments on whether the changes presented in the Postal Service's Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Curtis E. Kidd to represent the interests of the general public (Public Representative) in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission reopens Docket No. CP2015-112 for consideration of matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, the Commission appoints Curtis E. Kidd to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00131 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2015-55; Order No. 2970] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning an amendment to Parcel Select Contract 9 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: January 11, 2016.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction

    On December 31, 2015, the Postal Service filed notice that it has agreed to an Amendment to the existing Parcel Select Contract 9 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment and a certification of compliance with 39 U.S.C. 3633(a), as required by 39 CFR 3015.5.

    1 Notice of United States Postal Service of Amendment to Parcel Select Contract 9, with Portions Filed Under Seal, December 31, 2015 (Notice).

    The Postal Service also filed the unredacted Amendment and supporting financial information under seal. The Postal Service seeks to incorporate by reference the Application for Non-Public Treatment originally filed in this docket for the protection of information that it has filed under seal. Notice at 1.

    The Amendment seeks to adjust the prices listed in Table 2 of section I.E.3, as contemplated by the original contract terms. Id. Attachment A.

    The Postal Service intends for the Amendment to become effective one business day after the date that the Commission completes its review of the Notice. Notice at 1.

    II. Notice of Filings

    The Commission invites comments on whether the changes presented in the Postal Service's Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than January 11, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Derrick D. Dennis to represent the interests of the general public (Public Representative) in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission reopens Docket No. CP2015-55 for consideration of matters raised by the Postal Service's Notice.

    2. Pursuant to 39 U.S.C. 505, the Commission appoints Derrick D. Dennis to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    3. Comments are due no later than January 11, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-00093 Filed 1-7-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL SERVICE Product Change—First-Class Package Service Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: January 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Valerie J. Pelton, 202-268-3049.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 30, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add First-Class Package Service Contract 42 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2016-74, CP2016-91.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2016-00090 Filed 1-7-16; 8:45 am] BILLING CODE 7710-12-P
    POSTAL SERVICE Product Change—Parcel Select Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: January 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Maria W. Votsch, 202-268-6525.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 31, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Parcel Select Contract 13 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2016-75, CP2016-93.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2016-00091 Filed 1-7-16; 8:45 am] BILLING CODE 7710-12-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76817; File No. SR-NASDAQ-2015-161] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change Relating to the Listing and Trading of the Shares of the First Trust RiverFront Dynamic Europe ETF, First Trust RiverFront Dynamic Asia Pacific ETF, First Trust RiverFront Dynamic Emerging Markets ETF, and the First Trust RiverFront Dynamic Developed International ETF of First Trust Exchange-Traded Fund III January 4, 2016.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 22, 2015, The NASDAQ Stock Market LLC (“Nasdaq” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    Nasdaq proposes to list and trade the shares of the following under Nasdaq Rule 5735 (“Managed Fund Shares”): 3 First Trust RiverFront Dynamic Europe ETF (the “Europe Fund”); First Trust RiverFront Dynamic Asia Pacific ETF (the “Asia Pacific Fund”); First Trust RiverFront Dynamic Emerging Markets ETF (the “Emerging Markets Fund”); and First Trust RiverFront Dynamic Developed International ETF (the “Developed International Fund”). The Europe Fund, Asia Pacific Fund, Emerging Markets Fund and Developed International Fund are each a “Fund” and collectively, the “Funds.” Each Fund is a series of First Trust Exchange-Traded Fund III (the “Trust”). The shares of each Fund are collectively referred to herein as the “Shares.”

    3 The Commission approved Nasdaq Rule 5735 in Securities Exchange Act Release No. 57962 (June 13, 2008), 73 FR 35175 (June 20, 2008) (SR-NASDAQ-2008-039). There are already multiple actively managed funds listed on the Exchange; see, e.g., Securities Exchange Act Release Nos. 72506 (July 1, 2014), 79 FR 38631 (July 8, 2014) (SR-NASDAQ-2014-050) (order approving listing and trading of First Trust Strategic Income ETF); 69464 (April 26, 2013), 78 FR 25774 (May 2, 2013) (SR-NASDAQ-2013-036) (order approving listing and trading of First Trust Senior Loan Fund); and 66489 (February 29, 2012), 77 FR 13379 (March 6, 2012) (SR-NASDAQ-2012-004) (order approving listing and trading of WisdomTree Emerging Markets Corporate Bond Fund). The Exchange believes the proposed rule change raises no significant issues not previously addressed in those prior Commission orders.

    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. Nasdaq has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to list and trade the Shares of each Fund under Nasdaq Rule 5735, which governs the listing and trading of Managed Fund Shares 4 on the Exchange. Each Fund will be an actively managed exchange-traded fund (“ETF”). The Shares will be offered by the Trust, which was established as a Massachusetts business trust on January 9, 2008.5 The Trust is registered with the Commission as an investment company and has filed a registration statement on Form N-1A (“Registration Statement”) with the Commission.6 Each Fund will be a series of the Trust.

    4 A Managed Fund Share is a security that represents an interest in an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1) (the “1940 Act”) organized as an open-end investment company or similar entity that invests in a portfolio of securities selected by its investment adviser consistent with its investment objectives and policies. In contrast, an open-end investment company that issues Index Fund Shares, listed and traded on the Exchange under Nasdaq Rule 5705, seeks to provide investment results that correspond generally to the price and yield performance of a specific foreign or domestic stock index, fixed income securities index or combination thereof.

    5 The Commission has issued an order, upon which the Trust may rely, granting certain exemptive relief under the 1940 Act. See Investment Company Act Release No. 28468 (October 27, 2008) (File No. 812-13477) (the “Exemptive Relief”).

    6See Post-Effective Amendment No. 29 to Registration Statement on Form N-1A for the Trust, dated November 19, 2015 (File Nos. 333-176976 and 811-22245). The descriptions of the Funds and the Shares contained herein are based, in part, on information in the Registration Statement.

    First Trust Advisors L.P. will be the investment adviser (“Adviser”) to the Funds. RiverFront Investment Group, LLC will serve as investment sub-adviser (“Sub-Adviser”) to the Funds and provide day-to-day portfolio management. First Trust Portfolios L.P. (the “Distributor”) will be the principal underwriter and distributor of each Fund's Shares. Brown Brothers Harriman & Co. (“BBH”) will act as the administrator, accounting agent, custodian and transfer agent to the Funds.

    Paragraph (g) of Rule 5735 provides that if the investment adviser to the investment company issuing Managed Fund Shares is affiliated with a broker-dealer, such investment adviser shall erect a “fire wall” between the investment adviser and the broker-dealer with respect to access to information concerning the composition and/or changes to such investment company portfolio.7 In addition, paragraph (g) further requires that personnel who make decisions on the open-end fund's portfolio composition must be subject to procedures designed to prevent the use and dissemination of material, non-public information regarding the open-end fund's portfolio. Rule 5735(g) is similar to Nasdaq Rule 5705(b)(5)(A)(i); however, paragraph (g) in connection with the establishment of a “fire wall” between the investment adviser and the broker-dealer reflects the applicable open-end fund's portfolio, not an underlying benchmark index, as is the case with index-based funds. Neither the Adviser nor the Sub-Adviser is a broker-dealer, although the Adviser is affiliated with the Distributor, a broker-dealer, and the Sub-Adviser is affiliated with Robert W. Baird & Co. Incorporated, a broker-dealer, and each has implemented a fire wall with respect to its respective broker-dealer affiliate regarding access to information concerning the composition and/or changes to a portfolio.

    7 An investment adviser to an open-end fund is required to be registered under the Investment Advisers Act of 1940 (the “Advisers Act”). As a result, the Adviser, the Sub-Adviser and their related personnel are subject to the provisions of Rule 204A-1 under the Advisers Act relating to codes of ethics. This Rule requires investment advisers to adopt a code of ethics that reflects the fiduciary nature of the relationship to clients as well as compliance with other applicable securities laws. Accordingly, procedures designed to prevent the communication and misuse of non-public information by an investment adviser must be consistent with Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful for an investment adviser to provide investment advice to clients unless such investment adviser has (i) adopted and implemented written policies and procedures reasonably designed to prevent violation, by the investment adviser and its supervised persons, of the Advisers Act and the Commission rules adopted thereunder; (ii) implemented, at a minimum, an annual review regarding the adequacy of the policies and procedures established pursuant to subparagraph (i) above and the effectiveness of their implementation; and (iii) designated an individual (who is a supervised person) responsible for administering the policies and procedures adopted under subparagraph (i) above.

    In addition, personnel who make decisions on each Fund's portfolio composition will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such Fund's portfolio. In the event (a) the Adviser or the Sub-Adviser registers as a broker-dealer, or becomes newly affiliated with a broker-dealer, or (b) any new adviser or sub-adviser is a registered broker-dealer or becomes affiliated with another broker-dealer, it will implement a fire wall with respect to its relevant personnel and/or such broker-dealer affiliate, as applicable, regarding access to information concerning the composition and/or changes to a portfolio and will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such portfolio.

    Each Fund intends to qualify each year as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended.

    Principal Investment Strategies Applicable to Each Fund

    Each Fund's investment objective will be to provide capital appreciation. Under normal market conditions,8 each Fund will seek to achieve its investment objective by investing at least 80% of its net assets (including investment borrowings) in a combination of (i) “Principal Fund Equity Securities” (as defined below), (ii) forward currency contracts and non-deliverable forward currency contracts 9 (collectively, “Forward Contracts”), and (iii) currency transactions on a spot (i.e., cash) basis.10

    8 The term “under normal market conditions” as used herein includes, but is not limited to, the absence of adverse market, economic, political or other conditions, including extreme volatility or trading halts in the securities markets or the financial markets generally; operational issues causing dissemination of inaccurate market information; or force majeure type events such as systems failure, natural or man-made disaster, act of God, armed conflict, act of terrorism, riot or labor disruption or any similar intervening circumstance. On a temporary basis, including for defensive purposes, during the initial invest-up period and during periods of high cash inflows or outflows, a Fund may depart from its principal investment strategies; for example, it may hold a higher than normal proportion of its assets in cash. During such periods, a Fund may not be able to achieve its investment objective. A Fund may adopt a defensive strategy when the Adviser and/or the Sub-Adviser believes securities in which such Fund normally invests have elevated risks due to political or economic factors and in other extraordinary circumstances.

    9 A non-deliverable forward currency contract is a forward currency contract where there is no physical settlement of the two currencies at maturity. Instead, a net cash payment is made by one party to another based on the movement of the two currencies.

    10 A Fund would enter into Forward Contracts and/or currency spot transactions for hedging purposes.

    For each Fund, (a) “Principal Equity Securities” will consist of the following U.S. and non-U.S. exchange-listed securities: (i) Common stocks; (ii) common and preferred shares of real estate investment trusts (“REITs”); 11 and (iii) American Depositary Receipts (“ADRs”), European Depositary Receipts (“EDRs”), and Global Depositary Receipts (“GDRs” and, together with ADRs and EDRs, “Depositary Receipts” 12 ), and (b) “Principal Fund Equity Securities” will consist of Principal Equity Securities that are suggested by such Fund's name.13 Accordingly:

    11 A REIT is a company that owns and typically operates income-producing real estate or related assets.

    12 Depositary Receipts are receipts, typically issued by a bank or trust company, which evidence ownership of underlying securities issued by a foreign entity. The Funds will not invest in any unsponsored Depositary Receipts.

    13 For the avoidance of doubt, with respect to Depositary Receipts, whether such Principal Equity Securities are Principal Fund Equity Securities is based on the underlying securities, the ownership of which is represented by the Depositary Receipts (i.e., whether, as described below, the relevant underlying security is a security of a European company, an Asian Pacific company, an emerging market company or a developed market company, as applicable).

    (i) For the Europe Fund, Principal Fund Equity Securities will be Principal Equity Securities of European companies; 14

    14 European companies are those companies (i) whose securities are traded principally on a stock exchange in a European country, (ii) that are organized under the laws of or have a principal office in a European country, or (iii) that have at least 50% of their assets in, or derive at least 50% of their revenues or profits from, a European country.

    (ii) for the Asia Pacific Fund, Principal Fund Equity Securities will be Principal Equity Securities of Asian Pacific companies; 15

    15 Asian Pacific companies are those companies (i) whose securities are traded principally on a stock exchange in an Asian Pacific country, (ii) that are organized under the laws of or have a principal office in an Asian Pacific country, or (iii) that have at least 50% of their assets in, or derive at least 50% of their revenues or profits from, an Asian Pacific country.

    (iii) for the Emerging Markets Fund, Principal Fund Equity Securities will be Principal Equity Securities of emerging market companies; 16 and

    16 An emerging market company is one (i) domiciled or with a principal place of business or primary securities trading market in an emerging market country, or (ii) that derives a substantial portion of its total revenues or profits from emerging market countries.

    (iv) for the Developed International Fund, Principal Fund Equity Securities will be Principal Equity Securities of developed market companies.17

    17 Developed market companies are those companies (i) whose securities are traded principally on a stock exchange in a developed market country, (ii) that are organized under the laws of or have a principal office in a developed market country, or (iii) that have at least 50% of their assets in, or derive at least 50% of their revenues or profits from, a developed market country.

    In selecting securities for a Fund, the Sub-Adviser will score individual securities from a portfolio of eligible securities according to several core attributes, including, but not limited to, value, quality and momentum, using multiple proprietary factors within each core attribute.18 The Sub-Adviser will then rank each qualifying security based on its core attribute score, and the highest scoring securities will be considered for inclusion in the Fund's portfolio. The Sub-Adviser will utilize its proprietary optimization process to maximize the percentage of high-scoring securities included in each Fund's portfolio.

    18 An example of a value factor would be price-to-book value and an example of a quality factor would be cash as a percentage of market capitalization.

    In addition, for each Fund, by entering into Forward Contracts and currency spot transactions, the Sub-Adviser will deploy a dynamic currency hedge (hedging up to 100% of such Fund's foreign currency exposure) based on its proprietary hedging methodology. The Sub-Adviser's hedging methodology will be constructed from a combination of quantitative measures, such as interest-rate differentials, central bank balance sheet expansion/contraction, and price momentum, and qualitative measures, such as formal and informal guidance from central bankers. Each Fund will only enter into transactions in Forward Contracts with counterparties that the Adviser and/or the Sub-Adviser reasonably believe are capable of performing under the applicable Forward Contract.19

    19 Each Fund will seek, where possible, to use counterparties, as applicable, whose financial status is such that the risk of default is reduced; however, the risk of losses resulting from default is still possible. The Adviser and/or the Sub-Adviser will evaluate the creditworthiness of counterparties on an ongoing basis. In addition to information provided by credit agencies, the Adviser's and/or Sub-Adviser's analysis will evaluate each approved counterparty using various methods of analysis and may consider the Adviser's and/or Sub-Adviser's past experience with the counterparty, its known disciplinary history and its share of market participation.

    Other Investments for the Funds

    Each Fund may invest (in the aggregate) up to 20% of its net assets in the following securities and instruments:

    Each Fund may invest in the following U.S. and non-U.S. exchange-listed securities (other than Principal Fund Equity Securities): (i) Common stocks; (ii) common and preferred shares of REITs; (iii) Depositary Receipts; and (iv) equity securities of business development companies (“BDCs”) (collectively, “Other Equity Securities”).20

    20 For each Fund, Other Equity Securities and Principal Fund Equity Securities are referred to collectively as “Equity Securities.”

    Each Fund may invest in short-term debt securities and other short-term debt instruments (described below), as well as cash equivalents, or it may hold cash. The percentage of each Fund invested in such holdings or held in cash will vary and will depend on several factors, including market conditions. Each Fund may invest in the following short-term debt instruments: 21 (1) Fixed rate and floating rate U.S. government securities, including bills, notes and bonds differing as to maturity and rates of interest, which are either issued or guaranteed by the U.S. Treasury or by U.S. government agencies or instrumentalities; (2) certificates of deposit issued against funds deposited in a bank or savings and loan association; (3) bankers' acceptances, which are short-term credit instruments used to finance commercial transactions; (4) repurchase agreements,22 which involve purchases of debt securities; (5) bank time deposits, which are monies kept on deposit with banks or savings and loan associations for a stated period of time at a fixed rate of interest; (6) commercial paper, which is short-term unsecured promissory notes; 23 and (7) short-term debt obligations issued or guaranteed by non-U.S. governments or by their agencies or instrumentalities.

    21 Short-term debt instruments will be issued by issuers having a long-term debt rating of at least A by Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc. (“S&P Ratings”), Moody's Investors Service, Inc. (“Moody's”) or Fitch Ratings (“Fitch”) and have a maturity of one year or less.

    22 Each Fund intends to enter into repurchase agreements only with financial institutions and dealers believed by the Adviser and/or the Sub-Adviser to present minimal credit risks in accordance with criteria approved by the Board of Trustees of the Trust (“Trust Board”). The Adviser and/or the Sub-Adviser will review and monitor the creditworthiness of such institutions. The Adviser and/or the Sub-Adviser will monitor the value of the collateral at the time the transaction is entered into and at all times during the term of the repurchase agreement. The Funds will not enter into reverse repurchase agreements.

    23 Each Fund may only invest in commercial paper rated A-1 or higher by S&P Ratings, Prime-1 or higher by Moody's or F1 or higher by Fitch.

    Each Fund may invest (but only up to 5% of its net assets) in exchange-listed equity index futures contracts.

    The Funds' Equity Securities

    Under normal market conditions, each Fund will invest in at least 20 Equity Securities. Each Fund will satisfy the “ISG Criteria” (as described below) and/or the “Alternative Criteria” (as described below).

    A Fund will satisfy the ISG Criteria if at least 90% of such Fund's net assets that are invested (in the aggregate) in Equity Securities will be invested in Equity Securities that trade in markets that are members of the Intermarket Surveillance Group (“ISG”) 24 or are parties to a comprehensive surveillance sharing agreement with the Exchange.

    24See note 41, infra.

    A Fund will satisfy the Alternative Criteria if, under normal market conditions, its Equity Securities meet the following criteria at the time of purchase: (1) Non-U.S. Equity Securities 25 each shall have a minimum market value of at least $100 million; (2) non-U.S. Equity Securities each shall have a minimum global monthly trading volume of 250,000 shares, or minimum global notional volume traded per month of $25,000,000, averaged over the last six months; (3) the most heavily weighted non-U.S. Equity Security shall not exceed 25% of the weight of the Fund's entire portfolio and, to the extent applicable, the five most heavily weighted non-U.S. Equity Securities shall not exceed 60% of the weight of the Fund's entire portfolio; (4) each non-U.S. Equity Security shall be listed and traded on an exchange that has last-sale reporting; and (5) all of such Fund's net assets that are invested (in the aggregate) in Equity Securities other than non-U.S. Equity Securities shall be invested in Equity Securities that trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange.26

    25 For purposes of this filing, the term “non-U.S. Equity Securities” means Equity Securities that are not listed on a U.S. exchange.

    26 Criteria (1) through (4) are similar to certain “generic” listing criteria in Nasdaq Rule 5705(b)(3)(A)(ii), which relate to criteria applicable to an index or portfolio of (a) non-U.S. stocks or (b) both U.S. and non-U.S. stocks underlying a series of Index Fund Shares to be listed and traded on the Exchange pursuant to Rule 19b-4(e) under the Act. In addition, the Commission recently issued an order approving a proposed rule change relating to the listing and trading under NYSE Arca Equities Rule 8.600 based, in part, on a representation that the non-U.S. equity securities in the applicable ETF's portfolio would meet criteria similar to certain “generic” listing criteria in NYSE Arca Equities Rule 5.2(j)(3), Commentary .01(a)(B), which relate to criteria applicable to an index or portfolio of (a) non-U.S. stocks or (b) both U.S. and non-U.S. stocks underlying a series of Investment Company Units to be listed and traded on NYSE Arca, Inc. pursuant to Rule 19b-4(e) under the Act. See Securities Exchange Act Release No. 75023 (May 21, 2015), 80 FR 30519 (May 28, 2015) (SR-NYSEArca-2014-100) (order approving listing and trading of SPDR SSgA Global Managed Volatility ETF).

    The Funds' Transactions in Forward Contracts and Exchange-Listed Equity Index Futures Contracts

    Each Fund's transactions in Forward Contracts and exchange-listed equity index futures contracts will be consistent with its investment objective and the 1940 Act and will not be used to seek to achieve a multiple or inverse multiple of an index. Each Fund will comply with the regulatory requirements of the Commission with respect to coverage in connection with its transactions in Forward Contracts and exchange-listed equity index futures contracts. If the applicable guidelines prescribed under the 1940 Act so require, a Fund will earmark cash, U.S. government securities and/or other liquid assets permitted by the Commission in the amount prescribed.27

    27 With respect to guidance under the 1940 Act, see 15 U.S.C. 80a-18; Investment Company Act Release No. 10666 (April 18, 1979), 44 FR 25128 (April 27, 1979); Dreyfus Strategic Investing, Commission No-Action Letter (June 22, 1987); Merrill Lynch Asset Management, L.P., Commission No-Action Letter (July 2, 1996).

    Investment Restrictions

    Each Fund may hold up to an aggregate amount of 15% of its net assets in illiquid assets (calculated at the time of investment), deemed illiquid by the Adviser and/or the Sub-Adviser.28 Each Fund will monitor its portfolio liquidity on an ongoing basis to determine whether, in light of current circumstances, an adequate level of liquidity is being maintained, and will consider taking appropriate steps in order to maintain adequate liquidity if, through a change in values, net assets, or other circumstances, more than 15% of such Fund's net assets are held in illiquid assets. Illiquid assets include securities subject to contractual or other restrictions on resale and other instruments that lack readily available markets as determined in accordance with Commission staff guidance.29

    28 In reaching liquidity decisions, the Adviser and/or the Sub-Adviser may consider the following factors: The frequency of trades and quotes for the security or other instrument; the number of dealers wishing to purchase or sell the security or other instrument and the number of other potential purchasers; dealer undertakings to make a market in the security or other instrument; and the nature of the security or other instrument and the nature of the marketplace in which it trades (e.g., the time needed to dispose of the security or other instrument, the method of soliciting offers and the mechanics of transfer).

    29 The Commission has stated that long-standing Commission guidelines have required open-end funds to hold no more than 15% of their net assets in illiquid securities and other illiquid assets. See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR 14618 (March 18, 2008), footnote 34. See also Investment Company Act Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31, 1970) (Statement Regarding “Restricted Securities”); Investment Company Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March 20, 1992) (Revisions of Guidelines to Form N-1A). A fund's portfolio security is illiquid if it cannot be disposed of in the ordinary course of business within seven days at approximately the value ascribed to it by the fund. See Investment Company Act Release No. 14983 (March 12, 1986), 51 FR 9773 (March 21, 1986) (adopting amendments to Rule 2a-7 under the 1940 Act); Investment Company Act Release No. 17452 (April 23, 1990), 55 FR 17933 (April 30, 1990) (adopting Rule 144A under the Securities Act of 1933).

    The Funds may not invest 25% or more of the value of their respective total assets in securities of issuers in any one industry. This restriction does not apply to (a) obligations issued or guaranteed by the U.S. government, its agencies or instrumentalities or (b) securities of other investment companies.30

    30See Form N-1A, Item 9. The Commission has taken the position that a fund is concentrated if it invests more than 25% of the value of its total assets in any one industry. See, e.g., Investment Company Act Release No. 9011 (October 30, 1975), 40 FR 54241 (November 21, 1975).

    Creation and Redemption of Shares

    Each Fund will issue and redeem Shares on a continuous basis at net asset value (“NAV”) 31 only in large blocks of Shares (“Creation Units”) in transactions with authorized participants, generally including broker-dealers and large institutional investors (“Authorized Participants”). Creation Units generally will consist of 50,000 Shares, although this may change from time to time. Creation Units, however, are not expected to consist of less than 50,000 Shares. The Fund will issue and redeem Creation Units in exchange for an in-kind portfolio of securities and/or cash in lieu of such securities (the “Creation Basket”).32 In addition, if there is a difference between the NAV attributable to a Creation Unit and the market value of the Creation Basket exchanged for the Creation Unit, the party conveying securities with the lower value will pay to the other an amount in cash equal to the difference (referred to as the “Cash Component”).

    31 The NAV of each Fund's Shares generally will be calculated once daily Monday through Friday as of the close of regular trading on the New York Stock Exchange (“NYSE”), generally 4:00 p.m., Eastern Time (the “NAV Calculation Time”). NAV per Share will be calculated by dividing a Fund's net assets by the number of Fund Shares outstanding.

    32 It is expected that each Fund will typically issue and redeem Creation Units on an in-kind basis; however, subject to, and in accordance with, the provisions of the Exemptive Relief, a Fund may, at times, issue and redeem Creation Units on a cash (or partially cash) basis.

    Creations and redemptions must be made by or through an Authorized Participant that has executed an agreement that has been agreed to by the Distributor and BBH with respect to creations and redemptions of Creation Units. All standard orders to create Creation Units must be received by the transfer agent no later than the closing time of the regular trading session on the NYSE (ordinarily 4:00 p.m., Eastern Time) (the “Closing Time”) in each case on the date such order is placed in order for the creation of Creation Units to be effected based on the NAV of Shares as next determined on such date after receipt of the order in proper form. Shares may be redeemed only in Creation Units at their NAV next determined after receipt not later than the Closing Time of a redemption request in proper form by a Fund through the transfer agent and only on a business day.

    The Funds' custodian, through the National Securities Clearing Corporation, will make available on each business day, prior to the opening of business of the Exchange, the list of the names and quantities of the securities comprising the Creation Basket, as well as the estimated Cash Component (if any), for that day. The published Creation Basket will apply until a new Creation Basket is announced on the following business day prior to commencement of trading in the Shares.

    Net Asset Value

    Each Fund's NAV will be determined as of the close of regular trading on the NYSE on each day the NYSE is open for trading. If the NYSE closes early on a valuation day, the NAV will be determined as of that time. NAV per Share will be calculated for each Fund by taking the value of such Fund's total assets, including interest or dividends accrued but not yet collected, less all liabilities, including accrued expenses and dividends declared but unpaid, and dividing such amount by the total number of Shares outstanding. The result, rounded to the nearest cent, will be the NAV per Share. All valuations will be subject to review by the Trust Board or its delegate.

    The Funds' investments will be valued daily. As described more specifically below, investments traded on an exchange (i.e., a regulated market), will generally be valued at market value prices that represent last sale or official closing prices. In addition, as described more specifically below, non-exchange traded investments will generally be valued using prices obtained from third-party pricing services (each, a “Pricing Service”).33 If, however, valuations for any of the Funds' investments cannot be readily obtained as provided in the preceding manner, or the Pricing Committee of the Adviser (the “Pricing Committee”) 34 questions the accuracy or reliability of valuations that are so obtained, such investments will be valued at fair value, as determined by the Pricing Committee, in accordance with valuation procedures (which may be revised from time to time) adopted by the Trust Board (the “Valuation Procedures”), and in accordance with provisions of the 1940 Act. The Pricing Committee's fair value determinations may require subjective judgments about the value of an investment. The fair valuations attempt to estimate the value at which an investment could be sold at the time of pricing, although actual sales could result in price differences, which could be material. Valuing the Fund's investments using fair value pricing can result in using prices for those investments (particularly investments that trade in foreign markets) that may differ from current market valuations.

    33 The Adviser may use various Pricing Services or discontinue the use of any Pricing Services, as approved by the Trust Board from time to time.

    34 The Pricing Committee will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding each Fund's portfolio.

    Certain securities in which a Fund may invest will not be listed on any securities exchange or board of trade. Such securities will typically be bought and sold by institutional investors in individually negotiated private transactions that function in many respects like an over-the-counter secondary market, although typically no formal market makers will exist. Certain securities, particularly debt securities, will have few or no trades, or trade infrequently, and information regarding a specific security may not be widely available or may be incomplete. Accordingly, determinations of the value of debt securities may be based on infrequent and dated information. Because there is less reliable, objective data available, elements of judgment may play a greater role in valuation of debt securities than for other types of securities.

    The information summarized below is based on the Valuation Procedures as currently in effect; however, as noted above, the Valuation Procedures are amended from time to time and, therefore, such information is subject to change.

    The following investments will typically be valued using information provided by a Pricing Service: (a) Except as provided below, short-term U.S. government securities, commercial paper, bankers' acceptances and short-term debt obligations issued or guaranteed by non-U.S. governments or by their agencies or instrumentalities, all as set forth under “Other Investments for the Funds” (collectively, “Short-Term Debt Instruments”) and (b) currency spot transactions. Debt instruments may be valued at evaluated mean prices, as provided by Pricing Services. Pricing Services typically value non-exchange-traded instruments utilizing a range of market-based inputs and assumptions, including readily available market quotations obtained from broker-dealers making markets in such instruments, cash flows, and transactions for comparable instruments. In pricing certain instruments, the Pricing Services may consider information about an instrument's issuer or market activity provided by the Adviser and/or the Sub-Adviser.

    Short-Term Debt Instruments having a remaining maturity of 60 days or less when purchased will typically be valued at cost adjusted for amortization of premiums and accretion of discounts, provided the Pricing Committee has determined that the use of amortized cost is an appropriate reflection of value given market and issuer-specific conditions existing at the time of the determination.

    Repurchase agreements will typically be valued as follows:

    Overnight repurchase agreements will be valued at amortized cost when it represents the best estimate of value. Term repurchase agreements (i.e., those whose maturity exceeds seven days) will be valued at the average of the bid quotations obtained daily from at least two recognized dealers.

    Certificates of deposit and bank time deposits will typically be valued at cost.

    Equity Securities that are listed on any exchange other than the Exchange and the London Stock Exchange Alternative Investment Market (“AIM”) will typically be valued at the last sale price on the exchange on which they are principally traded on the business day as of which such value is being determined. Equity Securities listed on the Exchange or the AIM will typically be valued at the official closing price on the business day as of which such value is being determined. If there has been no sale on such day, or no official closing price in the case of securities traded on the Exchange or the AIM, such securities will typically be valued using fair value pricing. Equity Securities traded on more than one securities exchange will be valued at the last sale price or official closing price, as applicable, on the business day as of which such value is being determined at the close of the exchange representing the principal market for such securities.

    Exchange-listed equity index futures contracts will typically be valued at the closing price in the market where such instruments are principally traded.

    Forward Contracts will typically be valued at the current day's interpolated foreign exchange rate, as calculated using the current day's spot rate, and the thirty, sixty, ninety and one-hundred-eighty day forward rates provided by a Pricing Service or by certain independent dealers in such contracts.

    Because foreign exchanges may be open on different days than the days during which an investor may purchase or sell Shares, the value of the Funds' assets may change on days when investors are not able to purchase or sell Shares. Assets denominated in foreign currencies will be translated into U.S. dollars at the exchange rate of such currencies against the U.S. dollar as provided by a Pricing Service. The value of assets denominated in foreign currencies will be converted into U.S. dollars at the exchange rates in effect at the time of valuation.

    Availability of Information

    The Funds' Web site (www.ftportfolios.com), which will be publicly available prior to the public offering of Shares, will include a form of the prospectus for the Funds that may be downloaded. The Web site will include the Shares' ticker, CUSIP and exchange information along with additional quantitative information updated on a daily basis, including, for each Fund: (1) Daily trading volume, the prior business day's reported NAV and closing price, mid-point of the bid/ask spread at the time of calculation of such NAV (the “Bid/Ask Price”),35 and a calculation of the premium and discount of the Bid/Ask Price against the NAV; and (2) data in chart format displaying the frequency distribution of discounts and premiums of the daily Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. On each business day, before commencement of trading in Shares in the Regular Market Session 36 on the Exchange, each Fund will disclose on its Web site the identities and quantities of the portfolio of securities and other assets (the “Disclosed Portfolio” as defined in Nasdaq Rule 5735(c)(2)) held by the Fund that will form the basis for the Fund's calculation of NAV at the end of the business day.37

    35 The Bid/Ask Price of each Fund will be determined using the mid-point of the highest bid and the lowest offer on the Exchange as of the time of calculation of the Fund's NAV. The records relating to Bid/Ask Prices will be retained by each Fund and its service providers.

    36See Nasdaq Rule 4120(b)(4) (describing the three trading sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30 a.m., Eastern Time; (2) Regular Market Session from 9:30 a.m. to 4 p.m. or 4:15 p.m., Eastern Time; and (3) Post-Market Session from 4 p.m. or 4:15 p.m. to 8 p.m., Eastern Time).

    37 Under accounting procedures to be followed by the Funds, trades made on the prior business day (“T”) will be booked and reflected in NAV on the current business day (“T+1”). Accordingly, a Fund will be able to disclose at the beginning of the business day the portfolio that will form the basis for the NAV calculation at the end of the business day.

    Each Fund's disclosure of derivative positions in the Disclosed Portfolio will include sufficient information for market participants to use to value these positions intraday. On a daily basis, each Fund will disclose on its Web site the following information regarding each portfolio holding, as applicable to the type of holding: Ticker symbol, CUSIP number or other identifier, if any; a description of the holding (including the type of holding); the identity of the security, index or other asset or instrument underlying the holding, if any; quantity held (as measured by, for example, par value, notional value or number of shares, contracts or units); maturity date, if any; coupon rate, if any; effective date, if any; market value of the holding; and percentage weighting of the holding in the Fund's portfolio. The Web site information will be publicly available at no charge.

    In addition, for each Fund, an estimated value, defined in Rule 5735(c)(3) as the “Intraday Indicative Value,” that reflects an estimated intraday value of the Fund's Disclosed Portfolio, will be disseminated. Moreover, the Intraday Indicative Value, available on the NASDAQ OMX Information LLC proprietary index data service,38 will be based upon the current value for the components of the Disclosed Portfolio and will be updated and widely disseminated by one or more major market data vendors and broadly displayed at least every 15 seconds during the Regular Market Session. The Intraday Indicative Value will be based on quotes and closing prices from the securities' local market and may not reflect events that occur subsequent to the local market's close. Premiums and discounts between the Intraday Indicative Value and the market price may occur. This should not be viewed as a “real time” update of the NAV per Share of a Fund, which is calculated only once a day.

    38 Currently, the NASDAQ OMX Global Index Data Service (“GIDS”) is the Nasdaq global index data feed service, offering real-time updates, daily summary messages, and access to widely followed indexes and Intraday Indicative Values for ETFs. GIDS provides investment professionals with the daily information needed to track or trade Nasdaq indexes, listed ETFs, or third-party partner indexes and ETFs.

    The dissemination of the Intraday Indicative Value, together with the Disclosed Portfolio, will allow investors to determine the value of the underlying portfolio of a Fund on a daily basis and will provide a close estimate of that value throughout the trading day.

    Investors will also be able to obtain each Fund's Statement of Additional Information (“SAI”), annual and semi-annual reports (together, “Shareholder Reports”), and Form N-CSR and Form N-SAR, filed twice a year. Each Fund's SAI and Shareholder Reports will be available free upon request from such Fund, and those documents and the Form N-CSR and Form N-SAR may be viewed on-screen or downloaded from the Commission's Web site at www.sec.gov. Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. Information regarding the previous day's closing price and trading volume information for the Shares will be published daily in the financial section of newspapers. Quotation and last sale information for the Shares will be available via Nasdaq proprietary quote and trade services, as well as in accordance with the Unlisted Trading Privileges and the Consolidated Tape Association (“CTA”) plans for the Shares. Quotation and last sale information for the Equity Securities (to the extent traded on a U.S. exchange) will be available from the exchanges on which they are traded as well as in accordance with any applicable CTA plans.

    Pricing information for Short-Term Debt Instruments, repurchase agreements, Forward Contracts, bank time deposits, certificates of deposit and currency spot transactions will be available from major broker-dealer firms and/or major market data vendors and/or Pricing Services. Pricing information for exchange-listed equity index futures contracts and non-U.S. Equity Securities will be available from the applicable listing exchange and from major market data vendors.

    Initial and Continued Listing

    The Shares will be subject to Rule 5735, which sets forth the initial and continued listing criteria applicable to Managed Fund Shares. The Exchange represents that, for initial and continued listing, each Fund must be in compliance with Rule 10A-3 39 under the Act. A minimum of 100,000 Shares will be outstanding at the commencement of trading on the Exchange. The Exchange will obtain a representation from the issuer of the Shares that the NAV per Share will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time.

    39See 17 CFR 240.10A-3.

    Trading Halts

    With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares of a Fund. Nasdaq will halt trading in the Shares under the conditions specified in Nasdaq Rules 4120 and 4121, including the trading pauses under Nasdaq Rules 4120(a)(11) and (12). Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include: (1) The extent to which trading is not occurring in the securities and/or the other assets constituting the Disclosed Portfolio of a Fund; or (2) whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. Trading in the Shares also will be subject to Rule 5735(d)(2)(D), which sets forth circumstances under which Shares of a Fund may be halted.

    Trading Rules

    Nasdaq deems the Shares to be equity securities, thus rendering trading in the Shares subject to Nasdaq's existing rules governing the trading of equity securities. Nasdaq will allow trading in the Shares from 4:00 a.m. until 8:00 p.m., Eastern Time. The Exchange has appropriate rules to facilitate transactions in the Shares during all trading sessions. As provided in Nasdaq Rule 5735(b)(3), the minimum price variation for quoting and entry of orders in Managed Fund Shares traded on the Exchange is $0.01.

    Surveillance

    The Exchange represents that trading in the Shares will be subject to the existing trading surveillances, administered by both Nasdaq and also the Financial Industry Regulatory Authority (“FINRA”) on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws.40 The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws.

    40 FINRA surveils trading on the Exchange pursuant to a regulatory services agreement. The Exchange is responsible for FINRA's performance under this regulatory services agreement.

    The surveillances referred to above generally focus on detecting securities trading outside their normal patterns, which could be indicative of manipulative or other violative activity. When such situations are detected, surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations.

    FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds with other markets and other entities that are members of ISG,41 and FINRA may obtain trading information regarding trading in the Shares and such securities and instruments held by the Funds from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds from markets and other entities that are members of ISG, which includes securities and futures exchanges, or with which the Exchange has in place a comprehensive surveillance sharing agreement. Moreover, FINRA, on behalf of the Exchange, will be able to access, as needed, trade information for certain fixed income securities held by the Funds reported to FINRA's Trade Reporting and Compliance Engine (“TRACE”).

    41 For a list of the current members of ISG, see www.isgportal.org. The Exchange notes that not all components of the Disclosed Portfolio for a Fund may trade on markets that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement.

    For each Fund, at least 90% of such Fund's net assets that are invested (in the aggregate) in exchange-listed equity index futures contracts will be invested in instruments that trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange.

    In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees.

    Information Circular

    Prior to the commencement of trading, the Exchange will inform its members in an Information Circular of the special characteristics and risks associated with trading the Shares. Specifically, the Information Circular for each Fund will discuss the following: (1) The procedures for purchases and redemptions of Shares in Creation Units (and that Shares are not individually redeemable); (2) Nasdaq Rule 2111A, which imposes suitability obligations on Nasdaq members with respect to recommending transactions in the Shares to customers; (3) how information regarding the Intraday Indicative Value and the Disclosed Portfolio is disseminated; (4) the risks involved in trading the Shares during the Pre-Market and Post-Market Sessions when an updated Intraday Indicative Value will not be calculated or publicly disseminated; (5) the requirement that members deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (6) trading information. The Information Circular will also discuss any exemptive, no-action and interpretive relief granted by the Commission from any rules under the Act.

    Additionally, the Information Circular for each Fund will reference that such Fund is subject to various fees and expenses described in the Registration Statement. The Information Circular for each Fund will also disclose the trading hours of the Shares of such Fund and the applicable NAV Calculation Time for the Shares. The Information Circular for each Fund will disclose that information about the Shares of such Fund will be publicly available on such Fund's Web site.

    2. Statutory Basis

    Nasdaq believes that the proposal is consistent with Section 6(b) of the Act in general and Section 6(b)(5) of the Act in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest.

    The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that the Shares will be listed and traded on the Exchange pursuant to the initial and continued listing criteria in Nasdaq Rule 5735. The Exchange represents that trading in the Shares will be subject to the existing trading surveillances, administered by both Nasdaq and FINRA on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws.

    Neither the Adviser nor the Sub-Adviser is a broker-dealer, but each is affiliated with a broker-dealer, and is required to implement a “fire wall” with respect to its respective broker-dealer affiliate regarding access to information concerning the composition and/or changes to each Fund's portfolio. In addition, paragraph (g) of Nasdaq Rule 5735 further requires that personnel who make decisions on the open-end fund's portfolio composition must be subject to procedures designed to prevent the use and dissemination of material non-public information regarding the open-end fund's portfolio.

    FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds with other markets and other entities that are members of ISG, and FINRA may obtain trading information regarding trading in the Shares and such securities and instruments held by the Funds from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds from markets and other entities that are members of ISG, which includes securities and futures exchanges, or with which the Exchange has in place a comprehensive surveillance sharing agreement. Moreover, FINRA, on behalf of the Exchange, will be able to access, as needed, trade information for certain fixed income securities held by the Funds reported to FINRA's TRACE. For each Fund, at least 90% of such Fund's net assets that are invested (in the aggregate) in exchange-listed equity index futures contracts will be invested in instruments that trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange. Under normal market conditions, each Fund will invest in at least 20 Equity Securities. Moreover, each Fund will satisfy the ISG Criteria and/or the Alternative Criteria.

    The investment objective of each Fund will be to provide capital appreciation. Under normal market conditions, each Fund will seek to achieve its investment objective by investing at least 80% of its net assets (including investment borrowings) in Principal Fund Equity Securities, Forward Contracts and currency transactions entered into on a spot (i.e., cash) basis. Each Fund may also invest up to 5% of its net assets in exchange-listed equity index futures contracts. Each Fund's transactions in Forward Contracts and exchange-listed equity index futures contracts will be consistent with its investment objective and the 1940 Act and will not be used to seek to achieve a multiple or inverse multiple of an index. Each Fund will comply with the regulatory requirements of the Commission with respect to coverage in connection with its transactions in Forward Contracts and exchange-listed equity index futures contracts. If the applicable guidelines prescribed under the 1940 Act so require, a Fund will earmark cash, U.S. government securities and/or other liquid assets permitted by the Commission in the amount prescribed. Also, each Fund may hold up to an aggregate amount of 15% of its net assets in illiquid assets (calculated at the time of investment), deemed illiquid by the Adviser and/or the Sub-Adviser. Each Fund will monitor its portfolio liquidity on an ongoing basis to determine whether, in light of current circumstances, an adequate level of liquidity is being maintained, and will consider taking appropriate steps in order to maintain adequate liquidity if, through a change in values, net assets, or other circumstances, more than 15% of the Fund's net assets are held in illiquid assets. Illiquid assets include securities subject to contractual or other restrictions on resale and other instruments that lack readily available markets as determined in accordance with Commission staff guidance.

    The proposed rule change is designed to promote just and equitable principles of trade and to protect investors and the public interest in that the Exchange will obtain a representation from the issuer of the Shares that the NAV per Share will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. In addition, a large amount of information will be publicly available regarding the Funds and the Shares, thereby promoting market transparency. Moreover, the Intraday Indicative Value, available on the NASDAQ OMX Information LLC proprietary index data service, will be widely disseminated by one or more major market data vendors and broadly displayed at least every 15 seconds during the Regular Market Session. On each business day, before commencement of trading in Shares in the Regular Market Session on the Exchange, each Fund will disclose on its Web site the Disclosed Portfolio that will form the basis for the Fund's calculation of NAV at the end of the business day. Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services, and quotation and last sale information for the Shares will be available via Nasdaq proprietary quote and trade services, as well as in accordance with the Unlisted Trading Privileges and the CTA plans for the Shares. Quotation and last sale information for the Equity Securities (to the extent traded on a U.S. exchange) will be available from the exchanges on which they are traded as well as in accordance with any applicable CTA plans.

    Pricing information for Short-Term Debt Instruments, repurchase agreements, Forward Contracts, bank time deposits, certificates of deposit and currency spot transactions will be available from major broker-dealer firms and/or major market data vendors and/or Pricing Services. Pricing information for exchange-listed equity index futures contracts and non-U.S. Equity Securities will be available from the applicable listing exchange and from major market data vendors.

    Each Fund's Web site will include a form of the prospectus for such Fund and additional data relating to NAV and other applicable quantitative information. Trading in Shares of the Funds will be halted under the conditions specified in Nasdaq Rules 4120 and 4121 or because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable, and trading in the Shares will be subject to Nasdaq Rule 5735(d)(2)(D), which sets forth circumstances under which Shares of a Fund may be halted. In addition, as noted above, investors will have ready access to information regarding each Fund's holdings, the Intraday Indicative Value, the Disclosed Portfolio, and quotation and last sale information for the Shares.

    Each Fund's investments will be valued daily. Investments traded on an exchange (i.e., a regulated market), will generally be valued at market value prices that represent last sale or official closing prices. Non-exchange traded investments will generally be valued using prices obtained from a Pricing Service. If, however, valuations for any of the Funds' investments cannot be readily obtained as provided in the preceding manner, or the Pricing Committee questions the accuracy or reliability of valuations that are so obtained, such investments will be valued at fair value, as determined by the Pricing Committee, in accordance with the Valuation Procedures and in accordance with provisions of the 1940 Act.

    The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest in that it will facilitate the listing and trading of additional types of actively managed exchange-traded products that will enhance competition among market participants, to the benefit of investors and the marketplace. As noted above, FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds with other markets and other entities that are members of ISG, and FINRA may obtain trading information regarding trading in the Shares and such securities and instruments held by the Funds from such markets and other entities.

    In addition, the Exchange may obtain information regarding trading in the Shares and certain of the Equity Securities and exchange-listed equity index futures contracts held by the Funds from markets and other entities that are members of ISG, which includes securities and futures exchanges, or with which the Exchange has in place a comprehensive surveillance sharing agreement. Moreover, FINRA, on behalf of the Exchange, will be able to access, as needed, trade information for certain fixed income securities held by the Funds reported to FINRA's TRACE. Furthermore, as noted above, investors will have ready access to information regarding the Funds' holdings, the Intraday Indicative Value, the Disclosed Portfolio, and quotation and last sale information for the Shares. For each Fund, at least 90% of such Fund's net assets that are invested (in the aggregate) in exchange-listed equity index futures contracts will be invested in instruments that trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange. Under normal market conditions, each Fund will invest in at least 20 Equity Securities. Moreover, each Fund will satisfy the ISG Criteria and/or the Alternative Criteria.

    For the above reasons, Nasdaq believes the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed rule change will facilitate the listing and trading of an additional type of actively-managed exchange-traded fund [sic] that will enhance competition among market participants, to the benefit of investors and the marketplace.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission shall: (a) By order approve or disapprove such proposed rule change, or (b) institute proceedings to determine whether the proposed rule change should be disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NASDAQ-2015-161 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NASDAQ-2015-161. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2015-161 and should be submitted on or before January 29, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.42

    42 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-00103 Filed 1-7-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76819; File No. SR-NYSEArca-2015-110] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Adopt Generic Listing Standards for Managed Fund Shares January 4, 2016.

    On November 6, 2015, NYSE Arca, Inc. (“Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to amend NYSE Arca Equities Rule 8.600 and to adopt generic listing standards for Managed Fund Shares. The proposed rule change was published for comment in the Federal Register on November 27, 2015.3 On November 23, 2015, the Exchange filed Amendment No. 1 to the proposed rule change, which replaced and superseded the original proposal in its entirety. The Commission has received one comment letter on the proposal.4

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 76486 (Nov. 20, 2015), 80 FR 74169.

    4See Letter from Rob Ivanoff to the Commission dated Nov. 22, 2015. All comments on the proposed rule change are available on the Commission's Web site at: http://www.sec.gov/comments/sr-nysearca-2015-110/nysearca2015110.shtml.

    Section 19(b)(2) of the Act 5 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding, or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is January 11, 2016. The Commission is extending this 45-day time period.

    5 15 U.S.C. 78s(b)(2).

    The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider this proposed rule change. Accordingly, the Commission, pursuant to section 19(b)(2) of the Act,6 designates February 25, 2016, as the date by which the Commission shall either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-NYSEArca-2015-110).

    6Id.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.7

    7 17 CFR 200.30-3(a)(31).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-00104 Filed 1-7-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76816; File No. SR-EDGX-2015-67] Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc. January 4, 2016.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 22, 2015, EDGX Exchange, Inc. (the “Exchange” or “EDGX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable to Members 5 and non-members of the Exchange pursuant to EDGX Rules 15.1(a) and (c) (“Fee Schedule”) to adopt a new tier called the Investor Depth Tier under footnote 1.

    5 The term “Member” is defined as “any registered broker or dealer that has been admitted to membership in the Exchange.” See Exchange Rule 1.5(n).

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    Currently, the Exchange determines the liquidity adding rebate that it will provide to Members using the Exchange's tiered pricing structure. Under such pricing structure, a Member will receive a rebate of anywhere between $0.0025 and $0.0035 per share executed, depending on the volume tier for which such Member qualifies. The Exchange proposes to adopt a new tier called the Investor Depth Tier under footnote 1 of the Fee Schedule. Members who would qualify for the Investor Depth Tier would receive a rebate of $0.0033 per share where they: (i) Add an ADV 6 of at least 0.15% of the TCV; 7 (ii) have an “added liquidity” as a percentage of “added plus removed liquidity” of at least 85%; and (3) add an ADV of at least 500,000 share as Non-displayed 8 orders that yield fee code HA.9 The Exchange proposes to implement this amendment to its Fee Schedule on January 4, 2016.10

    6 As defined in the Exchange's Fee Schedule available at http://batstrading.com/support/fee_schedule/edgx/.

    7Id.

    8See Exchange Rule 11.6(e)(2).

    9 Fee code HA is appended to Non-displayed orders that add liquidity on the Exchange. See the Exchange's Fee Schedule available at http://batstrading.com/support/fee_schedule/edgx/.

    10 The Exchange notes that the Fee Schedule's date was amended to January 4, 2016 in file no. SR-EDGX-2015-62. See Securities Exchange Act Release No. 76713 (December 21, 2015).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,11 in general, and furthers the objectives of Section 6(b)(4),12 in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange also notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive. The proposed rule change reflects a competitive pricing structure designed to incent market participants to direct their order flow to the Exchange. The Exchange believes that the proposed tier is equitable and non-discriminatory in it would apply uniformly to all Members. The Exchange believes the rates remain competitive with those charged by other venues and, therefore, reasonable and equitably allocated to Members.

    11 15 U.S.C. 78f.

    12 15 U.S.C. 78f(b)(4).

    Volume-based rebates such as that proposed herein have been widely adopted by equities and options exchanges and are equitable because they are open to all Members on an equal basis and provide additional benefits or discounts that are reasonably related to: (i) The value to an exchange's market quality; (ii) associated higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns; and (iii) introduction of higher volumes of orders into the price and volume discovery processes. The Exchange believes that the proposed tier is a reasonable, fair and equitable, and not unfairly discriminatory allocation of fees and rebates because they will provide Members with an additional incentive to reach certain thresholds on the Exchange.

    In particular, the Exchange believes the addition of the Investor Depth Tier is a reasonable means to encourage Members to increase their liquidity on the Exchange. The Exchange further believes that the proposed Investor Depth Tier represents an equitable allocation of reasonable dues, fees, and other charges because the thresholds necessary to achieve the tier encourages Members to add displayed liquidity to the EDGX Book 13 each month, as only the displayed liquidity in this tier is awarded the rebate of $0.0033 per share. This tier also recognizes the contribution that non-displayed liquidity provides to the marketplace, including: (i) Adding needed depth to the EDGX market; (ii) providing price support/depth of liquidity; and (iii) increasing diversity of liquidity to EDGX. The increased liquidity benefits all investors by deepening EDGX's liquidity pool, offering additional flexibility for all investors to enjoy cost savings, supporting the quality of price discovery, promoting market transparency and improving investor protection.

    13 The EDGX Book is the System's electronic file of orders. See Exchange Rule 1.5(d).

    The Exchange also notes that the criteria and rebate under the Investor Depth Tier is equitable and reasonable as compared to other tiers offered by the Exchange. For example, under the Investor Tier Members may receive a rebate of $0.0032 per share where they (i) add an ADV of at least 0.15% of the TCV; and (ii) have an “added liquidity” as a percentage of “added plus removed liquidity” of at least 85%. These thresholds mirror the first two thresholds required to meet the proposed Investor Depth Tier. However, in order to achieve the higher rebate of $0.0033 per share provided by the proposed Investor Depth Tier, Members must also add an ADV of at least 500,000 share as Non-displayed orders that yield fee code HA.14 Therefore, the Exchange believes the proposed Investor Depth Tier is consistent with Section 6(b)(4) 15 of the Act as the more stringent criteria correlates with the tier's higher rebate.

    14 The Exchange notes that Market Depth Tiers 1 and 2 under footnote 1 also require that Members add an ADV of certain number of shares as Non-displayed orders that yield fee code HA, in addition other added ADV requirements.

    15 15 U.S.C. 78f(b)(4).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its Fee Schedule would impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed change represents a significant departure from previous pricing offered by the Exchange or pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Accordingly, the Exchange does not believe that the proposed change will impair the ability of Members or competing venues to maintain their competitive standing in the financial markets.

    The Exchange does not believe that the proposed new tier would burden competition, but instead, enhances competition, as it is intended to increase the competitiveness of and draw additional volume to the Exchange. As stated above, the Exchange notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee structures to be unreasonable or excessive. The proposed change is generally intended to enhance the rebates for liquidity added to the Exchange, which is intended to draw additional liquidity to the Exchange. The Exchange does not believe the proposed tier would burden intramarket competition as it would apply to all Members uniformly.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and paragraph (f) of Rule 19b-4 thereunder.17 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    16 15 U.S.C. 78s(b)(3)(A).

    17 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File No. SR-EDGX-2015-67 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File No. SR-EDGX-2015-67. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR-EDGX-2015-67 and should be submitted on or before January 29, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.18

    18 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-00102 Filed 1-7-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76820; File No. SR-BATS-2015-100] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To Amend BATS Rule 14.11(i) To Adopt Generic Listing Standards for Managed Fund Shares January 4, 2016.

    On November 18, 2015, BATS Exchange, Inc. (“Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to amend BATS Rule 14.11(i) and to adopt generic listing standards for Managed Fund Shares. The proposed rule change was published for comment in the Federal Register on November 25, 2015.3 The Commission has not received any comments on the proposal.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 76478 (Nov. 19, 2015), 80 FR 73841.

    Section 19(b)(2) of the Act 4 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding, or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is January 9, 2016. The Commission is extending this 45-day time period.

    4 15 U.S.C. 78s(b)(2).

    The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider this proposed rule change. Accordingly, the Commission, pursuant to section 19(b)(2) of the Act,5 designates February 23, 2016, as the date by which the Commission shall either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-BATS-2015-100)

    5Id.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(31).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-00105 Filed 1-7-16; 8:45 am] BILLING CODE 8011-01-P
    SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2015-0042] Privacy Act of 1974, as Amended; Computer Matching Program (SSA/Railroad Retirement Board (RRB))—Match Number 1006 AGENCY:

    Social Security Administration (SSA)

    ACTION:

    Notice of a renewal of an existing computer matching program that will expire on March 1, 2016.

    SUMMARY:

    In accordance with the provisions of the Privacy Act, as amended, this notice announces a renewal of an existing computer matching program that we are currently conducting with RRB.

    DATES:

    We will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The matching program will be effective as indicated below.

    ADDRESSES:

    Interested parties may comment on this notice by either telefaxing to (410) 966-0869 or writing to the Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, Social Security Administration, 617 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401. All comments received will be available for public inspection at this address.

    FOR FURTHER INFORMATION CONTACT:

    The Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel, as shown above.

    SUPPLEMENTARY INFORMATION:

    A. General

    The Computer Matching and Privacy Protection Act of 1988 (Public Law (Pub. L.) 100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the conditions under which computer matching involving the Federal government could be performed and adding certain protections for persons applying for, and receiving, Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such persons.

    The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. It requires Federal agencies involved in computer matching programs to:

    (1) Negotiate written agreements with the other agency or agencies participating in the matching programs;

    (2) Obtain approval of the matching agreement by the Data Integrity Boards of the participating Federal agencies;

    (3) Publish notice of the computer matching program in the Federal Register;

    (4) Furnish detailed reports about matching programs to Congress and OMB;

    (5) Notify applicants and beneficiaries that their records are subject to matching; and

    (6) Verify match findings before reducing, suspending, terminating, or denying a person's benefits or payments.

    B. SSA Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of our computer matching programs comply with the requirements of the Privacy Act, as amended.

    Mary Ann Zimmerman, Acting Executive Director, Office of Privacy and Disclosure, Office of the General Counsel. Notice of Computer Matching Program, SSA with the Railroad Retirement Board (RRB) A. Participating Agencies SSA and RRB B. Purpose of the Matching Program

    The purpose of this matching program is to set forth the terms, safeguards, and procedures under which RRB, as the source agency, will disclose RRB annuity payment data to us, the recipient agency. We will use the information to verify Supplemental Security Income (SSI) and Special Veterans Benefits (SVB) eligibility and benefit payment amounts. We will also record the railroad annuity amounts RRB paid to SSI and SVB recipients in the Supplemental Security Income Record (SSR).

    C. Authority for Conducting the Matching Program

    The legal authority for this agreement is executed in compliance with the Privacy Act of 1974, 5 U.S.C. 552a, as amended by the Computer Matching and Privacy Protection Act of 1988, the regulations and guidance promulgated thereunder.

    Legal authority for the disclosure under this agreement for the SSI portion are sections 1631(e)(1)(A) and (B) and 1631(f) of the Social Security Act (Act) (42 U.S.C. 1383(e)(1)(A) and (B) and 1383(f)). The legal authority for the disclosure under this agreement for the SVB portion is section 806(b) of the Act (42 U.S.C. 1006(b)).

    D. Categories of Records and Persons Covered by the Matching Program

    RRB will provide us with an electronic data file containing annuity payment data from RRB's system of records, RRB-22 Railroad Retirement, Survivor, and Pensioner Benefits System, last published on December 1, 2014 (79 FR 58890). We will match RRB's data with data maintained in the SSR, Supplemental Security Income Record and Special Veterans Benefits, SSA/ODSSIS, 60-0103, published on January 11, 2006 (71 FR 1830) and December 10, 2007 (72 FR 69723). SVB data also resides on the SSR.

    E. Inclusive Dates of the Matching Program

    The effective date of this matching program is March 2, 2016, provided that the following notice periods have lapsed: 30 days after publication of this notice in the Federal Register and 40 days after notice of the matching program is sent to Congress and OMB. The matching program will continue for 18 months from the effective date and, if both agencies meet certain conditions, it may extend for an additional 12 months thereafter.

    [FR Doc. 2016-00183 Filed 1-7-16; 8:45 am] BILLING CODE 4191-02-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Twenty Five Meeting: RTCA Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services AGENCY:

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

    ACTION:

    RTCA Special Committee 214 held jointly with EUROCAE WG-78: Standards for Air Traffic Data Communication Services meeting.

    SUMMARY:

    The FAA is issuing this notice to advise the public of twenty five meeting of RTCA Special Committee 214 to be held jointly with EUROCAE WG-78: Standards for Air Traffic Data Communication Services.

    DATES:

    The meeting will be held January 13th, 2016 from 10:00 a.m. to 12:00 p.m.

    ADDRESSES:

    The meeting will be held on WebEx Primary at 1150 18th Street NW., Suite 910. Note: This is intended to be a Short WebEx session versus a full in place session.

    FOR FURTHER INFORMATION CONTACT:

    Karen Hofmann, 202-330-0680, [email protected] or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC 20036, or by telephone at (202) 833-9339, fax at (202) 833-9434, or Web site at http://www.rtca.org.

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is hereby given for a meeting of Special Committee 214/EUROCAE WG-78: Standards for Air Traffic Data Communication Services. The meeting objectives are to resolve issue that came up after last plenary resolution and approval of comments received during FRAC/Open consultation of Revision A to Baseline 2 Standards SPR and INTEROPS and approve the documents for submission to RTCA PMC and EUROCAE Council for publication.

    The agenda will include the following:

    January 13th • Welcome/Introduction/Administrative Remarks • Approval of the Agenda of Plenary 25 • Approval of the Minutes of Plenary 24 • Description of new finding and approach to resolve • Approval of resolution and submission of documents to RTCA PMC and EUROCAE Council for publication • Adjourn

    Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time.

    Issued in Washington, DC, on January 4, 2016. Mohannad Dawoud, Management Analyst, Procurement Division, ANG-A1, Federal Aviation Administration.
    [FR Doc. 2016-00181 Filed 1-7-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Extension for the Final Environmental Impact Statement for the Proposed Airport, Angoon, Alaska AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of Extension as required by ANILCA title XI.

    SUMMARY:

    The Alaska Department of Transportation and Public Facilities filed a title XI ANILCA application with the FAA, U.S. Forest Service, and U.S. Army Corps of Engineers on January 9, 2015. ANILCA section 1104(e), states that “the final environmental impact statement shall be completed within one year from the date of such filing. Such nine-month and one-year periods may be extended for good cause by the Federal agency head assigned lead responsibility for the preparation of such statement if he determines that additional time is necessary for such preparation, notifies the applicant in writing of such determination and publishes notice of such determination, together with the reasons therefore, in the Federal Register”. Due to complexities of the project, the FAA has determined that additional time is necessary to complete the final environmental impact statement.

    FOR FURTHER INFORMATION CONTACT:

    Leslie Grey, AAL-611, Federal Aviation Administration, Alaskan Region, Airports Division, 222 W. 7th Avenue Box #14, Anchorage, AK 99513. Ms. Grey may be contacted during business hours at (907) 271-5453 (telephone) and (907) 271-2851 (fax), or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Additional details regarding the project can be found on the project Web site at www.angoonairporteis.com.

    Issued in Anchorage, Alaska, on December 23, 2015. Byron K. Huffman, Manager, Airports Division, AAL-600.
    [FR Doc. 2016-00092 Filed 1-7-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board Notice and Request for Comments AGENCY:

    Surface Transportation Board, DOT.

    ACTION:

    30-day notice of intent to seek extension of approval: Waybill Compliance Survey.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521 (PRA), the Surface Transportation Board (Board) gives notice that it is requesting from the Office of Management and Budget (OMB) approval for an extension of the Waybill Compliance Survey, which is further described below. The Board previously published a notice about this collection in the Federal Register. 80 FR 66,968 (Oct. 30, 2015). That notice allowed for a 60-day public review and comment period. No comments were received.

    Comments are requested concerning: (1) The accuracy of the Board's burden estimates; (2) ways to enhance the quality, utility, and clarity of the information collected; (3) 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, when appropriate; and (4) whether the collection of information is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility.

    Description of Collection

    Title: Waybill Compliance Survey.

    OMB Control Number: 2140-0010.

    STB Form Number: None.

    Type of Review: Extension without change.

    Respondents: Regulated railroads that did not submit carload waybill sample information to the STB in the previous year.

    Number of Respondents: 523.

    Estimated Time per Response: .5 hours.

    Frequency: Annually.

    Total Burden Hours (annually including all respondents): 261.5.

    Total “Non-hour Burden” Cost: None identified. This information may be submitted electronically to the Board (through its contractor).

    Needs and Uses: Under the Interstate Commerce Act, as amended by the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803 (1995), the Board is responsible for the economic regulation of common carrier rail transportation, including the collection and administration of the Carload Waybill Sample. The information in the Waybill Sample is used to monitor traffic flows and rate trends in the industry. Under 49 CFR 1244, a railroad terminating 4,500 or more carloads, or terminating at least 5% of the total revenue carloads that terminate in a particular state, in any of the three preceding years is required to file carload waybill sample information (Waybill Sample) for all line-haul revenue waybills terminating on its lines. (The Waybill Sample collection is approved under OMB Control Number 2140-0015, which expires on June 30, 2017.)

    In order to determine whether any of the surveyed railroads should be filing a Waybill Sample, the Board needs to collect the information in the Waybill Compliance Survey—information on the number of carloads of traffic terminated each year by U.S. railroads—from railroads that are not filing a Waybill Sample. The Board has authority to collect this information under 49 U.S.C. 11144-45, and under 49 CFR 1244.2.

    DATES:

    Comments on this information collection should be submitted by February 8, 2016.

    ADDRESSES:

    Written comments should be identified as “Paperwork Reduction Act Comments, Surface Transportation Board, Annual Waybill Compliance Survey.” These comments should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Chandana L. Achanta, Surface Transportation Board Desk Officer, by email at [email protected]; by fax at (202) 395-6974; or by mail to Room 10235, 725 17th Street NW., Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    For further information regarding the “Annual Waybill Compliance Survey,” contact Pedro Ramirez at (202) 245-0333 or at [email protected] [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.]

    SUPPLEMENTARY INFORMATION:

    Under the PRA, a federal agency that conducts or sponsors a collection of information must display a currently valid OMB control number. A collection of information, which is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), includes agency requirements that persons submit reports, keep records, or provide information to the agency, third parties, or the public. Under § 3507(b) of the PRA, federal agencies are required to provide, prior to an agency's submitting a collection to OMB for approval, a 30-day notice and comment period through publication in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information.

    Dated: January 5, 2016. Jeffrey Herzig, Clearance Clerk.
    [FR Doc. 2016-00174 Filed 1-7-16; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35982] Jackson County, Mo.—Acquisition and Operation Exemption—Union Pacific Railroad Company

    Jackson County, Mo. (Jackson County), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire from Union Pacific Railroad Company and to operate, approximately 17.7 miles of rail line between milepost 288.3 and milepost 270.6, in Jackson County, Mo.1

    1 Jackson County, doing business as Rock Island Rail Corridor Authority, will be the operator on the line.

    The transaction may not be consummated until January 22, 2016 (30 days after the notice of exemption was filed).

    Jackson County certifies that its projected annual revenues as a result of this transaction will not result in its becoming a Class II or Class I rail carrier and will not exceed $5 million.

    Jackson County states that the agreement between the parties does not contain any provision that prohibits it from interchanging traffic with a third party or limits its ability to interchange with a third party.

    If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions to stay must be filed no later than January 15, 2016 (at least seven days before the exemption becomes effective).

    An original and 10 copies of all pleadings, referring to Docket No. FD 35982, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on Kevin M. Sheys, 1666 K St. NW., Suite 500, Washington, DC 20006.

    According to Jackson County, this action is categorically excluded from environmental review under 49 CFR 1105.6(c).

    Board decisions and notices are available on our Web site at WWW.STB.DOT.GOV.

    Decided: December 30, 2015.

    By the Board, Joseph H. Dettmar, Acting Director, Office of Proceedings.

    Tia Delano, <E T="03">Clearance Clerk.</E>
    [FR Doc. 2016-00139 Filed 1-7-16; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2015-0211] 30-Day Notice of Request for Renewal of a Previously Approved Collection AGENCY:

    Office of the Secretary (OST), Department of Transportation (Department) or (DOT).

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Office of the Secretary, Office of Small and Disadvantaged Business Utilization (OSDBU), invites public comments about our intention to request the Office of Management and Budget's (OMB) approval to renew a collection. This collection renewal request includes one Short Term Lending Program (STLP) application used for both new loan guarantee applicants and renewal loan guarantee applicants. The information collected in the STLP application will determine the applicant's eligibility and is necessary to approve or deny a loan. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

    DATES:

    Comments must be submitted on or before February 8, 2016.

    ADDRESSES:

    You may submit your comments identified by DOT-OST-2015-0211 by any of the following methods:

    Office of Management and Budget, Attention: Desk Officer for U.S. Department of Transportation, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503.

    email: [email protected]

    Fax: (202) 395-5806. Attention: DOT/OST Desk Officer.

    FOR FURTHER INFORMATION CONTACT:

    John Ralston, Manager, Financial Assistance Division, Office of Small and Disadvantaged Business Utilization, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, Routing Symbol S-40, 202-366-5577 (phone) or [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    Title: Short Term Lending Program Application for a Loan Guarantee.

    OMB Control No.: 2105-0555.

    Background: OSDBU's Short Term Lending Program (STLP) offers certified Disadvantaged Business Enterprises (DBEs) and other certified Small Businesses (8a, women-owned, small disadvantaged, HUBZone, veteran owned, and service disabled veteran owned) the opportunity to obtain short term working capital at variable interest rates for transportation-related projects. The STLP provides Participating Lenders (PLs) a guarantee, up to 75%, on a revolving line of credit up to a $750,000 maximum. These loans are provided through lenders that serve as STLP PLs. The term on the line of credit is up to one (1) year, which may be renewed for five (5) years. A potential or renewal STLP participant must submit a guaranteed loan application package. The guaranteed loan application includes the STLP application, checklist, and instructions. Respondents: Certified Disadvantaged Business Enterprises (DBEs) and other certified Small Businesses (8a, women- owned, small disadvantaged, HUBZone, veteran owned, and service disabled veteran owned) interested in financing their transportation-related contracts.

    DOT Form 2301-1(REV.1): Short Term Lending Program Application for Loan Guarantee: A potential or renewal STLP participant must submit a guaranteed loan application package. The guaranteed loan application includes the STLP application and supporting documentation to be collected from the checklist in the application. The application may be obtained directly from OSDBU, the Regional Small Business Transportation Resource Centers, from a PL, or online from the agency's Web site, currently at http://www.transportation.gov/osdbu/financial-assistance/short-term-lending-program.

    Respondents: Small Businesses, 100.

    Frequency: Once.

    Estimated Average Burden per Response: 2 hours.

    Estimated Total Annual Burden Hours: 200 hours.

    Supporting documentation: Required documentation shall include, but is not limited to, the following items:

    a. Business, trade, or job performance reference letters;

    b. DBE or other eligible certification letters;

    c. Aging report of receivables and payables;

    d. Business tax returns;

    e. Business financial statements;

    f. Personal income tax returns;

    g. Personal financial statements;

    h. Schedule of work in progress (WIP);

    i. Signed and dated copy of transportation-related contracts;

    j. Business debt schedule;

    k. Cash flow projections;

    l. Owner(s) and key management resumes.

    Respondents: Small Businesses, 100.

    Frequency: Once.

    Estimated Average Burden per Response: 12 hours.

    Estimated Total Annual Burden Hours: 1200 hours.

    SUMMARY: The Office of the Secretary, Office of Small and Disadvantaged Business Utilization (OSDBU), invites public comments on our intention to request the Office of Management and Budget's (OMB) approval to renew a collection of the STLP Participating Lender (PL) forms. The collection involves the use of the “Short Term Lending Program Bank Verification Loan Activation Form”; “Short Term Lending Program Bank Acknowledgement Extension Request Form”; “Short Term Lending Program Bank Acknowledgement Loan Close-Out Form”; “Guaranty Loan Status Report”; “Pending Loan Status Report”; “Drug- Free Workplace Act Certification for a Grantee Other than an Individual”; “Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements”; “Office of Small and Disadvantaged Business Utilization U.S. Department of Transportation Short Term Lending Program Certification Regarding Debarment, Suspension”; “Cooperative Agreement between the U.S. Department of Transportation and the Participating Lender”; and “U.S. Department of Transportation Office of Small and Disadvantaged Utilization Short Term Lending Program Guarantee Agreement”. The information collected administers the loans guaranteed under the STLP. The information collected keeps the Participating Lender's (PLs) in compliance with the terms established in the Cooperative Agreement between DOT and the PLs. OMB Control No: 2105-0555.

    Background: STLP loans are provided through lenders that serve as STLP participating Lenders (PL). The STLP provides PLs a guarantee, up to 75%, on a revolving line of credit up to a $750,000 maximum. As part of the requirements for approval as a PL, lenders must submit the following certifications: Drug-Free Workplace Act Certification for a Grantee Other Than An Individual; Certification Regarding Lobbying for Contracts, Grants, Loans, & Cooperative Agreement; Office of Small and Disadvantaged Business Utilization U.S. Department of Transportation Short Term Lending Program Certification Regarding Debarment, Suspension. The STLP is subject to budgeting and accounting requirements of the Federal Credit Reform Act of 1990 (FCRA). The PL must carry out processes to activate, monitor, service and close out STLP loans. To fulfill the requirements of FCRA, the PL submits reports and the following forms to OSDBU.

    Respondents: Participating Lenders that are in the process or have entered into cooperative agreements with DOT's OSDBU under 49 CFR part 22 DOT-OST-2008-0236 entitled, “Short Term Lending Program”.

    DOT Form 2303-1: Short Term Lending Program Bank Verification Loan Activation Form. The PL must submit a Loan Activation Form to OSDBU that indicates the date in which the loan has been activated.

    Respondents: 100.

    Frequency: Annually, up to five years.

    Estimated Average Burden per Response: 1/2 hour.

    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2310-1: Short Term Lending Program Bank Acknowledgement Extension Request Form. An extension of the original loan guarantee for a maximum period of ninety (90) days may be requested, in writing, by the PL using the STLP Extension Request Form.

    Respondents: 100.

    Frequency: Annually.

    Estimated Average Burden per Response: 1/2 hour.

    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2304-1: Short Term Lending Program Bank Acknowledgement Loan Close-Out Form. The PL must submit the Loan Close-Out Form to OSDBU upon full repayment of the STLP loan or when the loan guarantee expires.

    Respondents: 100.

    Frequency: Annually.

    Estimated Average Burden per Response: 1/2 hour.

    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2305-1: Guaranty Loan Status Report. The PL submits a monthly status of active guaranteed loans to OSDBU.

    Respondents: 100.

    Frequency: Monthly.

    Estimated Average Burden per Response: 1 hour.

    Estimated Total Annual Burden Hours: 100 hours.

    DOT Form 2306-1: Pending Loan Status Report. The PL submits a monthly loan(s) in process report to OSDBU.

    Respondents: 100.

    Frequency: Monthly.

    Estimated Average Burden per Response: 1 hour.

    Estimated Total Annual Burden Hours: 100 hours.

    DOT Form 2307-1: Drug-Free Workplace Act Certification for a Grantee Other than an Individual. The PL certifies it is a drug-free workplace by executing this certification.

    Respondents: 100.

    Frequency: Once.

    Estimated Average Burden per Response: 15 minutes.

    Estimated Total Annual Burden Hours: 25 hours.

    DOT Form 2308-1. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreement. The PL certifies that no Federal funds will be utilized for lobbying by executing this form.

    Respondents: 100.

    Frequency: Once.

    Estimated Average Burden per Response: 15 minutes.

    Estimated Total Annual Burden Hours: 25 hours.

    DOT Form 2309-1. Office of Small and Disadvantaged Business Utilization U.S. Department of Transportation Short Term Lending Program Certification Regarding Debarment, Suspension. The PL must not currently be debarred or suspended from participation in a government contract or delinquent on a government debt by submitting this form.

    Respondents: 100.

    Frequency: Once.

    Estimated Average Burden per Response: 15 minutes.

    Estimated Total Annual Burden Hours: 25 hours.

    Grand Total Annual Estimation of Burden Hours: 1825.

    Issued in Washington, DC, on December 30, 2015. Habib Azarsina, OST Privacy and PRA Officer.
    [FR Doc. 2015-33272 Filed 1-7-16; 8:45 am] BILLING CODE 4910-9X-P
    DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2015-0153] 30-Day Notice of Application for New Information Collection Request AGENCY:

    Office of the Secretary (OST), Department of Transportation (Department) or (DOT).

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on Aug 5, 2015 (80 FR 46646).

    DATES:

    Comments must be submitted on or before February 8, 2016.

    ADDRESSES:

    Your comments should be identified by Docket No. DOT-OST-2015-0153 and may be submitted through one of the following methods:

    Office of Management and Budget, Attention: Desk Officer for U.S. Department of Transportation, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503.

    email: [email protected].

    Fax: (202) 395-5806. Attention: DOT/OST Desk Officer.

    FOR FURTHER INFORMATION CONTACT:

    Anthony Burton, Office of Policy, Office of the Secretary, W84-230, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-2278 or [email protected] (Email).

    SUPPLEMENTARY INFORMATION:

    Title: Mayors' Challenge for Safer People and Safer Streets Survey.

    Type of Request: Application for New Information Collection Request.

    Abstract: Approximately 260 cities are voluntarily participating in the “Mayors' Challenge” and through locally-driven efforts they are improving bike/ped safety policies, infrastructure, and awareness. This survey will collect information on the accomplishments of the Mayors' Challenge, and will be used to identify best practices and to improve future DOT outreach to cities. Each city has already identified a point-of-contact for the Mayors' Challenge. This survey will be distributed electronically to these POCs through an online survey tool, and the proposed questions are attached.

    Affected Public: The 260 cities that voluntarily signed up to Mayor's Challenge.

    Estimated Number of Respondents: 260.

    Estimated Number of Responses: 260.

    Estimated Total Annual Burden Hours: 30 minutes/respondent; Cumulative 130 hours.

    Frequency of Collection: Once.

    Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC on December 23, 2015. Habib Azarsina, OST Privacy and PRA Officer. Mayors' Challenge for Safer People and Safer Streets Survey

    Abstract: Approximately 260 cities are voluntarily participating in the “Mayors' Challenge” and through locally-driven efforts they are improving bike/ped safety policies, infrastructure, and awareness. This survey will collect information on the accomplishments of the Mayors' Challenge, and will be used to identify best practices and to improve future DOT outreach to cities. Each city has already identified a point-of-contact for the Mayors' Challenge. This survey will be distributed electronically to these POCs through an online survey tool.

    Estimated Total Annual Burden Hours: 30 minutes/respondent; Cumulative 130 hours.

    Frequency of Collection: Once.

    For Further Information Contact: Anthony Burton, Office of Policy, Office of the Secretary, W84-230, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-2278 or [email protected] (Email).

    1. Which of the seven goals have you adopted, and what activities have you undertaken to meet those goals? For reference, the seven goals are:

    (1) Take a Complete Streets approach;

    (2) Identify and address barriers;

    (3) Gather and track data;

    (4) Use context-sensitive designs;

    (5) Complete bike-ped networks;

    (6) Improve laws and regulations; and

    (7) Educate and enforce proper road use.

    2. What have been the primary challenges and obstacles to bicycle and pedestrian safety in your community, and what if any actions have you taken to address these challenges and obstacles?

    3. What if any changes have resulted from the challenge activities?

    (1) Changes to physical infrastructure,

    (2) Decision-making processes,

    (3) Policies or procedures,

    (4) Enforcement,

    (5) Education and awareness of your community

    (6) Other:

    4. Please use the following table to indicate whether you have data on the impact of the Mayors' Challenge activities, and what the extent of that impact is.

    Data available? (E.g. yes/no, and if yes, type of data) Extent of impact (E.g. number of bicyclists, compared to previous years) event attendance survey results crash data walking and bicycle counts bike lanes, sidewalks, other infrastructure new plans, policies, laws, or campaigns other indications of political and community support

    5. Which DOT resources, tools, and data have been most useful in your challenge?

    6. Which non-DOT resources, tools, and data have been most useful in your challenge?

    7. What resources, tools, and data do you wish were available?

    8. What are the most useful formats for receiving information from USDOT, and why (e.g. webinars, in-person meetings, conference calls, etc.)?

    9. What efforts in your city to improve bicycle and pedestrian safety in your community were already underway at the time of the Mayors' Challenge? How has the Mayors' Challenge added value and/or helped to fill any gaps in your city's efforts to improve bicycle and pedestrian safety?

    10. In planning and project delivery of pedestrian and/or bicycle infrastructure projects, to what extent has your city coordinated with your Metropolitan Planning Organization (MPO), Regional Planning Organization (RPO), State Department of Transportation (DOT), and Federal Regional/Division office partners? Please note type of outreach and coordination, and outcomes it led to.

    11. What have been the key benefits and lessons learned as a result of the Mayors' Challenge?

    12. Do you think the Mayors' challenge has helped make any permanent changes in pedestrian and bike safety and accommodation in your city/town?

    [FR Doc. 2016-00159 Filed 1-7-16; 8:45 am] BILLING CODE 4910-9X-P
    DEPARTMENT OF VETERANS AFFAIRS [OMB Control Nos., 2900-0782,, 2900-0770, 2900-0609, 2900-0701, 2900-0712, 2900-0773, 2900-0838, 2900-0834, 2900-0836, 2900-0837, 2900-0835] Proposed Information Collection (Voice of Veteran Surveys, Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (National Cemetery Administration, Veterans Benefits Affairs, Veterans Health Administration), Survey of Veteran Enrollees' Health and Reliance Upon VA, Bereaved Family Member Satisfaction Survey, Nation-Wide Customer Satisfaction Surveys (Survey of Healthcare Experiences of Patients), Veterans Health Benefits Handbook Satisfaction Survey, Veterans Transportation Service Data Collection, Center for Verification and Evaluation Site Inspections, Post Engagement, Awards & Return on Investment, Center for Verification and Evaluation Verification Survey) Activity: Comment Request AGENCY:

    Veteran's Experience Office, Department of Veterans Affairs.

    ACTION:

    Notice.

    SUMMARY:

    The Veteran's Experience Office, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed non-substantive change request of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on 11 Information collections for the Veteran's Experience Agency Priority Goal, which specifies that four survey questions will be incorporated into existing customer experience surveys by Q1 FY2016. The information collected will be used by VA departmental leadership to track enterprise performance improvements as experienced by our Veterans. This notice will serve as notification for any future Non-substantive Change Information Collection Request adding these four customer service questions in the Information Collection Requests.

    DATES:

    Written comments and recommendations on the proposed collection of information should be received on or before March 8, 2016.

    ADDRESSES:

    Submit written comments on the collection of information through Federal Docket Management System (FDMS) at www.Regulations.gov or to Thomas Pasakarnis, Veteran's Experience Office (008VE), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420 or email to [email protected] Please refer to “OMB Control No. 2900-VE” in any correspondence. During the comment period, comments may be viewed online through the FDMS.

    FOR FURTHER INFORMATION CONTACT:

    Thomas Pasakarnis at (202) 461-5869 or FAX (202) 495-5401.

    SUPPLEMENTARY INFORMATION:

    Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-21), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. This request for comment is being made pursuant to section 3506(c)(2)(A) of the PRA.

    With respect to the following collection of information, Veteran's Experience invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility; (2) the accuracy of VA'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 respondents, including through the use of automated collection techniques or the use of other forms of information technology.

    Type of Review: Non-Substantive Change of currently approved collections.

    Abstract: For FY16-17, VA set Veterans Experience as an agency priority goal to improve Veterans Experience with VA. Because this is a new measure, VA developed one brand and three experience measures to support the Veterans Experience Agency Priority Goal (APG). VA will add four APG questions to each survey identified below. One question deals with VA brand, and three questions deal with Veterans experience.

    “I got the service I needed.”

    “It was easy to get what I needed.”

    “I felt like a valued customer.”

    “I trust VA to fulfill our country's commitment to veterans.”

    Strongly agree

    Agree

    Neither Agree nor Disagree

    Disagree

    Strongly disagree

    Adding these questions is necessary to establish an enterprise measure of VA's performance as experienced by our Veterans, as is needed to support VA's Veterans Experience FY16-17 APG. VA's goal is to incorporate these four survey questions into VA's existing customer experience by Q1 FY2016. The information collected will be used by VA departmental leadership to track enterprise performance improvements as experienced by our Veterans.

    VA expects that it will take approximately one minute for each survey respondent to answer these new questions. As set forth below, this change is expected to affect approximately 132 instruments approved under eleven different OMB control numbers. Together, these instruments are nearly 1.5 million times per year. The cumulative annual burden of this change is more than 24,000 hours ((1 minute per submission * 1,462,937 submissions)/60 minutes per hour = 24,382.28 hours). There is also some annual cost burden associated with this request. Specifically, some of these instruments are administered by third-party contractors, who will need to revise the instruments.

    VA has provided a table detailing the full burden information for each information collection located at http://www.oprm.va.gov/ers/ers_reports.aspx. Please note, additional instruments approved under these or additional control numbers may be included in the Veteran's Experience initiative in the future. Therefore, this online table detailing burden information will be updated periodically.

    Titles of Affected Collections and Instruments (1) 2900-0782—Voice of Veteran Surveys (1) Compensation Access (2) Compensation Servicing (3) Pension Access (4) Pension Servicing (5) Education Access (6) Education Servicing (7) VR&E Access (8) VR&E Servicing (9) VR&E Non-Participant (10) Loan Guarantee Home Loan Process (11) Specialty Adapted Housing Grant Process, mail (2) 2900-0770—Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (National Cemetery Administration, Veterans Benefits Affairs, Veterans Health Administration) (1) CFM Supplier Satisfaction Survey, form 10-10163 (2) VLER Program Survey, Undecided Vet Interview, form 10-0457 (3) Veterans Choice Program Survey, form 10-0450 (4) Nationwide Dialysis Contracts Program Veterans Survey, form 10-0455 (5) VA Courtesy Standards—The Golden Rule Approach Veteran Feedback Form, 10-0497 (6) Phone Apps Focus Group Demographic Questionnaire, form10-0496a (7) PTSD Coach App Survey, form 10-0496 (8) Understanding PTSD for Family Caregivers: Feedback Survey, form 10-0495 (9) Building Better Caregivers Satisfaction Survey, form 10-0499 (10) Building Better Caregiver Phone Survey, form 10-0499 (11) Clinical Video Telehealth (CVT) Patient Satisfaction Survey, form 10-0481a (12) Compensation and Pension Examination Program (CPEP) Veterans Satisfaction Survey, form 10-0480 (13) Michael E. DeBakey Patient Satisfaction Survey, form 10-0476 (14) Food and Nutrition Satisfaction Survey, form 10-0498 (15) Veterans Transportation Service (VTS) Satisfaction Questionnaire, form 10-0517 (16) Patient Satisfaction Questionnaire: Laboratory P&LMS VA New England Healthcare System, form 10-0516 (17) Project ARCH (Access Received Closer to Home) Patient Satisfaction Survey, form 10-0522 (18) PVAMC Low Vision Patient Satisfaction Survey, form 10-0527 (19) Vendor Application for Fair, form 10-0528 (20) Notice Your Nurse: Notice Your NurseThank you card, form 10-0519 (21) The Continuity of Medication Management Patient Survey, form 10-0526 (22) Caribbean Healthcare System Pathology and Laboratory Medicine, form 10-0526 (23) Tele-Retinal Patient Satisfaction Survey, form 10-0540 (24) Purchased Care Patient Satisfaction Survey, form 10-0538 (25) Spinal Cord Home Care Survey, form 10-0542 (26) Childcare Services Satisfaction Survey, form 10-0531 (27) Neurology/Rehabilitation Inpatient Program Satisfaction Survey, form 10-0546 (28) Non-VA Care Coordination Veteran Satisfaction Survey, form 10-0545 (29) Survey of Veterans' Satisfaction with Income Verification, form 10-0541 (30) Spinal Cord Injury Patient Survey, form 10-0515 (31) National Family Caregiver Participant Training Feedback Form 10-0520 (32) Psychiatric Patient Satisfaction Survey, form 10-0550 (33) Cardiac Cath Lab Customer Satisfaction Survey, form 10-0547 (34) Community Living Center (CLC) Satisfaction Survey, form 10-0548 (35) Survey of Veterans Perceptions of an Enhanced VA Outpatient Prescription Label, form 10-0549 (36) Dental Service Customer Satisfaction Survey, form 10-0553 (37) Dental Satisfaction Survey (Spanish version), form 10-0553s (38) Office of Mental Health Veteran Satisfaction Survey, form 10-0554 (39) Patient Experience of Care Survey, form 10-0552 (40) VCS Patriot Store and VCS Patriot Cafe Customer Satisfaction Survey, form 10-0551 (41) Epilepsy Centers of Excellence (ECoE) Patient Survey, form10-0558 (42) Fraud, Waste and Abuse Complaint Form, 10-0500 (43) Sodium Dichromate Exposure Exam Feedback Survey, form 10-0559 (44) Patient Satisfaction Survey- Radiation Oncology WEB survey, form 10-10063 (45) Hem-Oncology Telehealth Satisfaction WEB Survey, form 10-10054 (46) Vet Appointment Mobile App Survey, form 10-10057 (47) Telephone Care Services Patient Satisfaction Survey, form 10-10058 (48) VISN 20 Telephone Customer Service Experience Satisfaction Survey, form 10-10059 (49) Prosthetics Customer Service Survey, form 10-10125 (50) Customer Patient Satisfaction Monthly Survey, form 10-10126 (51) HME Vendor Performance Survey 2014, form 10-10122 (52) SOU-SORCC Patient Survey, form 10-10145 (53) Audiology Hearing Aid Questionnaire, form 10-10128 (54) Advanced Education Veteran Survey -SORCC-Patient, form 10-10128 (55) VoV OSI Primary Care Survey—Conjoint Analysis, form 10-10147 (56) Women's Health Research Network, form 10-10142 (57) Telehealth Master Preceptor, form 10-10127 (58) Mental Health Survey, form 10-10129 (59) Extended Hours Program Evaluation—Non-Users Survey, form 10-10129 (60) VISN 1 Extended Hours Evaluation—Users, form 10-10132 (61) Maternity Care Coordination Experiences of Pregnant Veterans Survey, form 10-10131 (62) State Veterans Home Admin Survey, form 10-10136 (63) Tobacco and Smoking Cessation Survey, form 10-10136 (64) Voice of the Veteran (VOV) Satisfaction Survey Office of Strategic Integration (OSI) Conjoint Analysis, form 10-10144 (65) VISN 1 NCL Patient Satisfaction Questionnaire, form 10-10133 (66) Interview and Discussion Group Protocols for the Institute of Medicine: 09-IOM VA MH Services Eval Non-VA Service Users Discussion Protocol, form 10-10130 (67) Battlecreek Urgent Care Survey, form 10-10135 (68) MEC Notification Survey, form 10-10155 (69) Caregiver Feedback form. Self-Care Course, form 10-10119 (70) VISN20 Cancer Care Survey—Veteran Satisfaction, form 10-10164 (71) Customer Satisfaction Survey on VA Research Communication, VA Research Currents, form 10-10167 (72) Patient Satisfaction Survey Boston VAMC Ophthalmology, form 10-211001NR (73) Anticoagulation (warfarin/Coumadin) Patient Satisfaction Survey, form 10-211002 (74) Patient Survey: Waiting Room Television Video Patient Education, form 10-211005 (75) MSCoE Patient Survey, form 10-211003 (76) PROJECT ARCH (Access Received Closer to Home) Non-Participating Veterans Survey, form 10-211004 (77) Outpatient Pharmacy Customer Satisfaction Survey, form 10-211006NR (78) National Patient Centered Community Care Veterans Survey Question, form 10-211009 (79) OKC Dental (Ambulatory) Patient Satisfaction Survey, form 10-211008 (80) HEC Enrollment Survey, form 10-211013 (81) Non-VA-Purchased Care Veteran Survey, form 10-211013 (82) Survey of Rehabilitation Care, form 10-211010 (83) Tele-Dermatology Imaging Patient Satisfaction Survey, form 10-211016 (84) Home Based Primary Care Survey, Lawton CBOC, form 10-211014 (85) Dental Insurance Program Survey, form 10-211011 (86) Survey of Patient Satisfaction at Surgical Service, form 10-211015 (87) Survey of Patient Satisfaction at Surgical Service -Spanish, form 10-211015SP (88) Oklahoma City VAMC Home Based Primary Care (HBPC) Survey, form 10-211014a (89) Telephone Survey on User Experience with VLER Health Exchange' (90) Provider Interview Guide, form 2900-0770 (91) Veteran (Patient) Interview-Guide, form 2900-0770 (92) (93) Online Survey—VHA Customer Value Survey, form 2900-0770 (94) State Veterans Home Patient Satisfaction, form 2900-0770 (95) VISN 1 Call Center Telephone Survey Script (Veteran Women), form 2900-0770 (96) Gulf War Newsletter Survey—Office of Public Health, form 2900-0770 (97) My HealtheVet (MHV) Web site Redesign Veteran and Family Caregiver Demographic Survey, form 2900-0770 (98) 2014 Post-911CommunicationSurvey-Questionnaire, form 2900-0770 (99) Claims Clinic Satisfaction Survey (VBA), form 2900-0770 (100) Feedback US Survey (101) Feedback USA Survey Button—KIOSK, form 2900-0770 (102) Feedback USA Survey Button—Internet Web site, form 2900-0770 (103) Business Requirements Sessions (104) Awards and ROI-2013NVSB (Small Business), form 2900-0770 (105) Awards and ROI-2013NVSB (Large Business), form 2900-0770 (106) 2014 National Veterans Small Business Engagement (NVSBE) Events Satisfaction, form 2900-0770 (107) Business Sessions Satisfaction Survey, form? (108) CVE Booth Satisfaction, form 2900-0770 (109) Exhibitor Satisfaction 2900-0770 (110) Learning Sessions 2900-0770 (111) NRT Satisfaction 2900-0770 (112) Senior Leaders Roundtables, 2900-0770 (113) 2014 NVSBE Post-Engagement Attendees Survey, 2900-0770 (114) OSDBU Post-Event Evaluation, 2900-0770 (115) NAC Customer Response Survey—WEB (3) 2900-0609—Survey of Veteran Enrollees' Health and Reliance Upon VA (1) (CATI) Survey of Veteran Enrollees' Health and Reliance Upon VA, form 10-21034G (4) 2900-0701—Bereaved Family Member Satisfaction Survey (1) Bereaved Family Member Satisfaction Survey Administered by Facility Staff, form 10-21081 (5) 2900-0712—Nation-wide Customer Satisfaction Surveys (Survey of Healthcare Experiences of Patients) (1) Recently Discharged Patient, form 10-1465-1 (2) Recently Discharged Inpatient, form 10-1465-2 (3) Ambulatory Care, form 10-1465-3 (4) Ambulatory Care, form 10-1465-4 (5) Ambulatory Care, form 10-1465-5 (6) Ambulatory Care, form 10-1465-6 (7) Home Health Care Survey, form 10-1465-7 (8) In-Center Hemodialysis Care, form 10-1465-8 (6) 2900-0773—Veterans Health Benefits Handbook Satisfaction Survey (1) Veterans Health Benefits Handbook Satisfaction Survey, form 10-0507 (7) 2900-0838—Veterans Transportation Service Data Collection (1) Veterans Transportation Service Data Collection Telephonic Script (8) 2900-0834—Center for Verification and Evaluation Site Inspections (1) CVE Site Inspection Survey, Historical (2) CVE Site Inspection Survey, Regular (9) 2900-0836—Post Engagement (1) 2015 National Veterans Small Business Engagement Post Engagement Survey (10) 2900-0837—Awards & Return on Investment (1) Awards and Return on Investment after 2015 National Veterans Small Business Engagement (Small Business) (2) Awards and Return on Investment after 2015 National Veterans Small Business Engagement (Large Business) (11) 2900-0835—Center for Verification and Evaluation Verification Survey (1) CVE Pre-Application Survey (2) CVE Exit Survey (3) CVE Post-Determination Letter

    By direction of the Secretary.

    Crystal Rennie, Department Clearance Officer, Office of Privacy and Records Management, Department of Veterans Affairs.
    [FR Doc. 2016-00075 Filed 1-7-16; 8:45 am] BILLING CODE 8320-01-P
    DEPARTMENT OF VETERANS AFFAIRS Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Veterans Affairs (VA) is updating the monetary reimbursement rates for caskets and urns purchased for the interment in a VA national cemetery of Veterans who die with no known next of kin and where there are insufficient resources for furnishing a burial container. The purpose of this notice is to notify interested parties of the rates that will apply to reimbursement claims that occur during calendar year (CY) 2016.

    FOR FURTHER INFORMATION CONTACT:

    Tamula Jones, Budget Operations and Field Support Division, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Telephone: 202-461-6688 (this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Title 38, United States Code, Section 2306(f) authorizes VA National Cemetery Administration to furnish a casket or urn for interment in a VA national cemetery of the unclaimed remains of Veterans for whom VA cannot identify a next of kin and determines that sufficient financial resources for the furnishing of a casket or urn for burial are not available. VA implemented regulations to administer this authority as a reimbursement benefit in Title 38, Code of Federal Regulations, Section 38.628.

    Reimbursement for a claim received in any CY will not exceed the average cost of a 20-gauge metal casket or a durable plastic urn during the fiscal year (FY) preceding the CY of the claim. Average costs are determined by market analysis for 20-gauge metal caskets, designed to contain human remains, with a gasketed seal, and external rails or handles. The same analysis is completed for durable plastic urns, designed to contain cremated human remains, which include a secure closure to contain the cremated remains.

    Using this method of computation, in FY 2015, the average costs for caskets were determined to be $2,421.00, and $244.00 for urns. Accordingly, the reimbursement rates payable for qualifying interments occurring during CY 2016 is $2,421.00 for caskets and $244 for urns.

    Request approval to publish in the Federal Register, VA's notice on the rates of reimbursement for caskets and urns for CY2016.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Nabors II, Chief of Staff, Department of Veterans Affairs, approved this document on January 5, 2016 for publication.

    Dated: January 5, 2016. Michael Shores, Chief Impact Analyst, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs.
    [FR Doc. 2016-00143 Filed 1-7-16; 8:45 am] BILLING CODE 8320-01-P
    DEPARTMENT OF VETERANS AFFAIRS MyVA Federal Advisory Committee; Notice of Meeting: Amended

    The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C. App.2., that the MyVA Advisory Committee (MVAC) will meet February 1-2, 2016, at the Marriott Crystal Gateway, 1700 Jefferson Davis Highway, Arlington, VA 22202.

    The purpose of the Committee is to advise the Secretary, through the Executive Director, MyVA Task Force Office regarding the My VA initiative and VA's ability to rebuild trust with Veterans and other stakeholders, improve service delivery with a focus on Veteran outcomes, and set the course for longer-term excellence and reform of VA.

    On February 1, from 9:00 a.m. to 5:30 p.m., the Committee will meet to discuss the progress on, and the integration of, the work in the five key MyVA work streams—Veteran Experience (explaining the efforts conducted to improve the Veteran's experience), Employees Experience, Support Services Excellence (such as information technology, human resources, and finance), Performance Improvement (projects undertaken to date and those upcoming), and VA Strategic Partnerships.

    On February 2, from 8:00 a.m. to 3:30 p.m., the Committee will meet to discuss and recommend areas for improvement on VA's work to date, plans for the future, and integration of the MyVA efforts. This session is open to the public. No time will be allocated at this meeting for receiving oral presentations from the public. However, the public may submit written statements for the Committee's review to Debra Walker, Designated Federal Officer, MyVA Program Management Office, Department of Veterans Affairs, 1800 G Street NW., Room 880-40, Washington, DC, 20420, or email at [email protected] Any member of the public wishing to attend the meeting or seeking additional information should contact Ms. Walker.

    Because the meeting will be held in a Government building, anyone attending must be prepared to show a valid photo government issued ID. Please allow a minimum of one hour to move through the security process, which includes a metal detector, prior to the start of the meeting.

    Dated: January 5, 2016. Jelessa Burney, Federal Advisory Committee Management Officer.
    [FR Doc. 2016-00178 Filed 1-7-16; 8:45 am] BILLING CODE P
    81 5 Friday, January 8, 2016 Rules and Regulations Part III Department of Energy 10 CFR Parts 429 and 431 Energy Conservation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending Machines; Final Rule DEPARTMENT OF ENERGY 10 CFR Parts 429 and 431 [Docket Number EERE-2013-BT-STD-0022] RIN 1904-AD00 Energy Conservation Program: Energy Conservation Standards for Refrigerated Bottled or Canned Beverage Vending Machines AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including refrigerated bottled or canned beverage vending machines (beverage vending machines or BVM). EPCA also requires the U.S. Department of Energy (DOE) to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this final rule, DOE is amending the energy conservation standards for Class A and Class B beverage vending machines. DOE is also amending the definition for Class A equipment to more unambiguously differentiate Class A and Class B beverage vending machines. In addition, DOE is amending the definition of combination vending machine, is defining two new classes of combination vending machines, Combination A and Combination B, and is promulgating standards for those new classes. Finally, DOE is adopting new provisions that DOE will use to verify the appropriate equipment class and refrigerated volume during enforcement testing.

    DATES:

    The effective date of this rule is March 8, 2016. Compliance with the new and amended standards established for beverage vending machines in this final rule is required on and after January 8, 2019. The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of March 8, 2016.

    ADDRESSES:

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

    A link to the docket Web page can be found at: www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0022. The www.regulations.gov Web page will contain instructions on how to access all documents, including public comments, in the docket.

    For further information on how to review the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1692. Email: [email protected].

    Ms. Sarah Butler, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 586-1777. Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    This final rule incorporates by reference into part 431 the following industry standard:

    • ASTM E 1084-86 (Reapproved 2009), “Standard Test Method for Solar Transmittance (Terrestrial) of Sheet Materials Using Sunlight,” approved April 1, 2009.

    Copies of ASTM standards may be obtained from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-2786, or go to www.astm.org/.

    See section IV.O for a further discussion of this standard.

    Table of Contents

    I. Synopsis of the Final Rule A. Benefits and Costs to Customers B. Impact on Manufacturers C. National Benefits and Costs D. Conclusion II. Introduction A. Authority B. Background 1. Current Standards 2. History of Standards Rulemaking for Beverage Vending Machines III. General Discussion A. Equipment Classes and Scope of Coverage B. Test Procedure C. Compliance Dates D. Technological Feasibility 1. General 2. Maximum Technologically Feasible Levels E. Energy Savings 1. Determination of Savings 2. Significance of Savings F. Economic Justification 1. Specific Criteria a. Economic Impact on Manufacturers and Customers b. Savings in Operating Costs Compared To Increase in Price (LCC and PBP) c. Energy Savings d. Lessening of Utility or Performance of Equipment e. Impact of Any Lessening of Competition f. Need for National Energy Conservation g. Other Factors 2. Rebuttable Presumption IV. Methodology and Discussion of Related Comments A. Market and Technology Assessment 1. Equipment Classes a. Class A and Class B Beverage Vending Machines b. Combination Vending Machines c. Definition of Transparent and Optional Test Method for Determining Equipment Classification 2. Machines Vending Perishable Goods 3. Market Characterization 4. Technology Options B. Screening Analysis 1. Screened-Out Technologies 2. Remaining Technologies C. Engineering Analysis 1. Baseline Equipment and Representative Sizes 2. Refrigerants a. Refrigerants Used in the Analysis b. DOE Approach c. Relative Energy Efficiency of Refrigerants 3. Screened-In Technologies Not Implemented as Design Options 4. Design Options Analyzed and Maximum Technologically Feasible Efficiency Level a. Glass Packs b. Evaporator Fan Motor Controls c. Coils d. Compressors e. Insulation and Vacuum Insulated Panels f. Lighting and Lighting Low Power Modes g. Fan Motors h. Performance of Design Option Packages 5. Manufacturer Production Costs D. Markups Analysis E. Energy Use Analysis F. Life-Cycle Cost and Payback Period Analysis 1. Customer Purchase Prices 2. Energy Prices 3. Maintenance, Repair, and Installation Costs 4. Equipment Lifetime 5. Discount Rates 6. Equipment Efficiency in the No-New-Standards Case 7. Split Incentives G. Shipments Analysis 1. Market Share by Equipment Class 2. Market Share by Refrigerant 3. High and Low Shipments Assumptions H. National Impact Analysis 1. Equipment Efficiency Trends 2. National Energy Savings a. Full-Fuel-Cycle Analysis 3. Net Present Value Analysis I. Customer Subgroup Analysis J. Manufacturer Impact Analysis 1. Overview 2. Government Regulatory Impact Model a. Government Regulatory Impact Model Key Inputs b. Government Regulatory Impact Model Scenarios 3. Discussion of Comments K. Emissions Analysis L. Monetizing Carbon Dioxide and Other Emissions Impacts 1. Social Cost of Carbon a. Monetizing Carbon Dioxide Emissions b. Development of Social Cost of Carbon Values c. Current Approach and Key Assumptions 2. Social Cost of Other Air Pollutants M. Utility Impact Analysis N. Employment Impact Analysis O. Description of Materials Incorporated by Reference V. Analytical Results and Conclusions A. Trial Standard Levels B. Economic Justification and Energy Savings 1. Economic Impacts on Individual Customers a. Life-Cycle Cost and Payback Period b. Customer Subgroup Analysis c. Rebuttable Presumption Payback 2. Economic Impacts on Manufacturers a. Industry Cash Flow Analysis Results b. Impacts on Direct Employment c. Impacts on Manufacturing Capacity d. Impacts on Subgroups of Manufacturers e. Cumulative Regulatory Burden 3. National Impact Analysis a. Significance of Energy Savings b. Net Present Value of Customer Costs and Benefits c. Indirect Impacts on Employment 4. Impact on Utility or Performance of Equipment 5. Impact of Any Lessening of Competition 6. Need of the Nation To Conserve Energy 7. Other Factors 8. Summary of National Economic Impacts C. Conclusion 1. Benefits and Burdens of TSLs Considered for BVM Standards 2. Summary of Annualized Benefits and Costs of the Adopted Standards VI. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 B. Review Under the Regulatory Flexibility Act 1. Description of Estimated Number of Small Entities Regulated 2. Description and Estimate of Compliance Requirements 3. Duplication, Overlap, and Conflict With Other Rules and Regulations 4. Significant Alternatives to the Rule C. Review Under the Paperwork Reduction Act D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under the Information Quality Bulletin for Peer Review M. Review Under Section 32 of the Federal Energy Administration Act of 1974 N. Congressional Notification VII. Approval of the Office of the Secretary
    I. Synopsis of the Final Rule

    Title III, Part A 1 of the Energy Policy and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), established the Energy Conservation Program for Consumer Products Other Than Automobiles.2 These products include refrigerated bottled or canned beverage vending machines (beverage vending machines or BVM), the subject of this document. (42 U.S.C. 6295(v)) 3

    1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

    2 All references to EPCA in this document refer to the statute as amended through the Energy Efficiency Improvement Act of 2015, Public Law 114-11 (Apr. 30, 2015).

    3 Because Congress included beverage vending machines in Part A of Title III of EPCA, the consumer product provisions of Part A (not the industrial equipment provisions of Part A-1) apply to beverage vending machines. DOE placed the regulatory requirements specific to beverage vending machines in Title 10 of the Code of Federal Regulations (CFR), part 431, “Energy Efficiency Program for Certain Commercial and Industrial Equipment” as a matter of administrative convenience based on their type and will refer to beverage vending machines as “equipment” throughout this document because of their placement in 10 CFR part 431. Despite the placement of beverage vending machines in 10 CFR part 431, the relevant provisions of Title A of EPCA and 10 CFR part 430, which are applicable to all product types specified in Title A of EPCA, are applicable to beverage vending machines. See 74 FR 44914, 44917 (Aug. 31, 2009).

    Pursuant to EPCA, any new or amended energy conservation standard must be designed to achieve the maximum improvement in energy efficiency that DOE determines is technologically feasible and economically justified. (42 U.S.C. 6295(o)(2)(A)) Furthermore, the new or amended standard must result in significant conservation of energy. (42 U.S.C. 6295(o)(3)(B)) EPCA also provides that not later than 6 years after issuance of any final rule establishing or amending a standard, DOE must publish either a notice of determination that standards for the equipment do not need to be amended, or a notice of proposed rulemaking including new proposed energy conservation standards. (42 U.S.C. 6295(m)(1))

    In accordance with these and other statutory provisions discussed in this document, DOE is adopting new and amended energy conservation standards for beverage vending machines. The new and amended standards, which are described in terms of the maximum daily energy consumption (MDEC) as a function of refrigerated volume, are shown in Table I.1. Specifically, DOE is amending the energy conservation standards established by the 2009 BVM final rule for Class A and Class B beverage vending machines. In addition, DOE is establishing two new equipment classes at 10 CFR 431.292, Combination A and Combination B, as well as new energy conservation standards for those equipment classes. The new and amended standards adopted in this final rule will apply to all equipment listed in Table I.1 and manufactured in, or imported into, the United States starting on January 8, 2019.

    Table I.1—Energy Conservation Standards for Beverage Vending Machines [Compliance Starting January 8, 2019] Equipment class * New and amended
  • energy conservation
  • standards **
  • Maximum Daily Energy Consumption (MDEC)
  • (kWh/day †)
  • Class A 0.052 × V + 2.43 ‡ Class B 0.052 × V + 2.20 ‡ Combination A 0.086 × V + 2.66 ‡ Combination B 0.111 × V + 2.04 ‡ * See section IV.A.1 of this final rule for a discussion of equipment classes. ** “V” is the representative value of refrigerated volume (ft3) of the BVM model, as measured in accordance with the method for determining refrigerated volume adopted in the recently amended DOE BVM test procedure and appropriate sampling plan requirements at 10 CFR 429.52(a)(3). 80 FR 45758 (July 31, 2015). See section III.B and V.A of this final rule for more details. † Kilowatt hours per day. ‡ Trial Standard Level (TSL) 3.
    A. Benefits and Costs to Customers

    Table I.2 and Table I.3 present DOE's evaluation of the economic impacts of the new and amended energy conservation standards on customers, or purchasers, of beverage vending machines, as measured by the average life-cycle cost (LCC) savings and the simple payback period (PBP).4 This analysis is based upon beverage vending machines that use either CO2 (R-744) or propane (R-290). These refrigerants were selected for analysis based on the recent actions of the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program,5 including the listing of propane as acceptable in BVM applications under Rule 19 (80 FR 19454, 19491 (April 10, 2015)) and the change of status of R-134a to unacceptable in BVM applications beginning January 1, 2019 under Rule 20 (80 FR 42870, 42917-42920 (July 20, 2015)). The selection of these refrigerants was also guided by visible trends within the BVM marketplace and feedback from interested parties during public meetings, in written comments, and during manufacturer interviews.

    4 The average LCC savings are measured relative to the efficiency distribution in the no-new-standards case, which depicts the market in the compliance year (see section IV.F.6 of this final rule). The simple PBP, which is designed to compare specific efficiency levels, is measured relative to the baseline model (see section IV.C.1 of this final rule). DOE acknowledges that not all BVM customers are also the entity that is responsible for the energy costs of operating the beverage vending machine in the field. However, there are many different contracting mechanisms for leasing and operating beverage vending machines, which are influenced by many factors, including the capital cost of the machine and the annual operating costs. As such, DOE believes that a simple “customer” LCC-model accurately demonstrates the cost-effectiveness of the potential energy efficiency improve