Federal Register Vol. 81, No.52,

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14369-14688
FR Document

81_FR_52
Current View
Page and SubjectPDF
81 FR 14685 - Developing an Integrated Global Engagement Center To Support Government-wide Counterterrorism Communications Activities Directed Abroad and Revoking Executive Order 13584PDF
81 FR 14681 - To Take Certain Actions Under the African Growth and Opportunity ActPDF
81 FR 14485 - Sunshine Act MeetingPDF
81 FR 14443 - Sunshine Act MeetingPDF
81 FR 14495 - Sunshine Act MeetingPDF
81 FR 14487 - Sunshine Act MeetingPDF
81 FR 14518 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel INVESTAR; Invitation for Public CommentsPDF
81 FR 14486 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Petroleum Environmental Research Forum Project No. 2014-10, Direct Monitoring of Flare Combustion EfficiencyPDF
81 FR 14485 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-UHD Alliance, Inc.PDF
81 FR 14411 - Notice of Meeting of the Agricultural Air Quality Task ForcePDF
81 FR 14432 - McKinney-Vento Education for Homeless Children and Youths ProgramPDF
81 FR 14393 - Protection of Stratospheric Ozone: The 2016 Critical Use Exemption From the Phaseout of Methyl Bromide; CorrectionPDF
81 FR 14392 - Approval of Iowa Air Quality Implementation Plans; Withdrawal of Direct Final Rule; Polk County Board of Health Rules and Regulations, Chapter V, RevisionsPDF
81 FR 14458 - Accreditation and Approval of Chemical and Petrochemical Inspections as a Commercial Gauger and LaboratoryPDF
81 FR 14458 - Accreditation and Approval of Altol Chemical and Environmental Laboratory, Inc., as a Commercial LaboratoryPDF
81 FR 14514 - Shipping Coordinating Committee; Notice of Public MeetingPDF
81 FR 14515 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on Micro-, Small-, and Medium Sized EnterprisesPDF
81 FR 14427 - Privacy Act of 1974; System of RecordsPDF
81 FR 14523 - Hazardous Materials: Delayed ApplicationsPDF
81 FR 14440 - Receipt of Test Data Under the Toxic Substances Control ActPDF
81 FR 14439 - Request for Applications; Third-Party Chemical/Product Profilers for the Safer Choice ProgramPDF
81 FR 14445 - Comptroller General's Advisory Council on Government Auditing Standards; Notice of MeetingPDF
81 FR 14484 - Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of MinnesotaPDF
81 FR 14514 - Notice of Meeting of the International Telecommunication Advisory CommitteePDF
81 FR 14409 - New England Fishery Management Council; Public MeetingPDF
81 FR 14423 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
81 FR 14441 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Hospital/Medical/Infectious Waste Incinerators (Renewal)PDF
81 FR 14442 - Agency Information Collection Activities OMB ResponsesPDF
81 FR 14421 - Notice of Scope RulingsPDF
81 FR 14372 - Securities Investor Protection CorporationPDF
81 FR 14444 - Proposed Agency Information Collection Activities; Comment RequestPDF
81 FR 14468 - Board of Visitors for the National Fire AcademyPDF
81 FR 14488 - New Postal ProductPDF
81 FR 14411 - Inviting Applications for the Rural Business Development Grant Program To Provide Technical Assistance for Rural Transportation SystemsPDF
81 FR 14419 - Farm Bill: Strategic Economic and Community Development-Reservation of Fiscal Year 2016 Program FundsPDF
81 FR 14415 - Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2016PDF
81 FR 14445 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 14445 - Formations of, Acquisitions by, and Mergers of Savings and Loan Holding CompaniesPDF
81 FR 14443 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 14370 - Capital Magnet FundPDF
81 FR 14425 - Multistakeholder Process To Develop Best Practices for Privacy, Transparency, and Accountability Regarding Commercial and Private Use of Unmanned Aircraft SystemsPDF
81 FR 14424 - Multistakeholder Process To Develop Consumer Data Privacy Code of Conduct Concerning Facial Recognition TechnologyPDF
81 FR 14446 - Healthcare Infection Control Practices Advisory Committee (HICPAC)PDF
81 FR 14448 - Advisory Committee to the Director (ACD), Centers for Disease Control and Prevention (CDC)PDF
81 FR 14446 - Request for Nominations of Candidates To Serve on the Advisory Committee on Breast Cancer in Young Women (ACBCYW)PDF
81 FR 14437 - Paterson Municipal Utilities Authority, Great Falls Hydroelectric Company, City of Paterson, New Jersey; Notice of Application for Transfer of License, and Soliciting Comments and Motions To IntervenePDF
81 FR 14436 - Bright Light Capital, LLC; Notice of Petition for Declaratory OrderPDF
81 FR 14436 - Tennessee Gas Pipeline, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Broad Run Expansion ProjectPDF
81 FR 14438 - Combined Notice of Filings #1PDF
81 FR 14486 - Comment Request for Information Collection for Registered Apprenticeship-College ConsortiumPDF
81 FR 14449 - Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee; Notice of MeetingPDF
81 FR 14455 - Announcement of Establishment of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 and Solicitation of Nominations for MembershipPDF
81 FR 14452 - Request for Comments on National Bioethics Advisory BodiesPDF
81 FR 14410 - Hiawatha East Resource Advisory CommitteePDF
81 FR 14524 - Contracting InitiativePDF
81 FR 14425 - Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence DisclosuresPDF
81 FR 14430 - 36(b)(1) Arms Sales NotificationPDF
81 FR 14456 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
81 FR 14525 - Geriatrics and Gerontology Advisory Committee; Notice of Meeting-Correction (81 FR 10370)PDF
81 FR 14421 - Proposed Information Collection; Comment Request; Form ED-840P Petition by a Firm for Certification of Eligibility To Apply for Trade Adjustment Assistance; Trade Adjustment Assistance for Firms ProgramPDF
81 FR 14432 - Agency Information Collection Activities; Comment Request; Foreign Graduate Medical School Consumer Information Reporting FormPDF
81 FR 14429 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
81 FR 14487 - Agency Information Collection Activities: Comment RequestPDF
81 FR 14485 - Notice of Public Meeting, Las Cruces District Resource Advisory Council Meeting, New MexicoPDF
81 FR 14370 - Airworthiness Directives; Turbomeca S.A. Turboshaft EnginesPDF
81 FR 14451 - Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee; Notice of MeetingPDF
81 FR 14452 - National Advisory Committee on Rural Health and Human Services; Notice of MeetingPDF
81 FR 14515 - Railroad Safety Advisory Committee; Notice of MeetingPDF
81 FR 14516 - Movement of Roadway Maintenance Machines Over Highway-Rail Grade CrossingsPDF
81 FR 14442 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
81 FR 14460 - Changes in Flood Hazard DeterminationsPDF
81 FR 14497 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Fees Under Rule 7018(a)PDF
81 FR 14395 - Suspension of Community EligibilityPDF
81 FR 14398 - Suspension of Community EligibilityPDF
81 FR 14469 - Changes in Flood Hazard DeterminationsPDF
81 FR 14423 - Submission for OMB Review; Comment RequestPDF
81 FR 14459 - Agency Information Collection Activities: Proposed Collection; Comment Request; National Flood Insurance Program Policy FormsPDF
81 FR 14463 - Changes in Flood Hazard DeterminationsPDF
81 FR 14471 - Intent to Request Approval From OMB of One New Public Collection of Information: TSA infoBoardsPDF
81 FR 14472 - Extension of Agency Information Collection Activity Under OMB Review: Transportation Security Officer (TSO) Medical QuestionnairePDF
81 FR 14469 - Extension of Agency Information Collection Activity Under OMB Review: Air Cargo Security RequirementsPDF
81 FR 14502 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Quality Incentive Programs Under Rule 7014PDF
81 FR 14489 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change Regarding Monthly Distributions, Excess Returns, and Share Index Factors of Certain AccuShares® Trust I FundsPDF
81 FR 14513 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Withdrawal of a Proposed Rule Change Relating To Implementation of a Fee on Securities Lending and Repurchase Transactions With Respect to Shares of the CurrencyShares® Euro Trust and the CurrencyShares® Japanese Yen TrustPDF
81 FR 14509 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rebates and Fees for Adding and Removing Liquidity in SPYPDF
81 FR 14495 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 7018PDF
81 FR 14500 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rules 7.31P(j) and 7.34P(c) To Allow Q Orders To Participate in the Early Trading Session and Late Trading SessionPDF
81 FR 14506 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Sections 401 and 402 of the NYSE MKT Company Guide To Harmonize the Exchange's Immediate Release and Trading Halt PoliciesPDF
81 FR 14470 - Extension of Agency Information Collection Activity Under OMB Review: Enhanced Security Procedures at Ronald Reagan Washington National AirportPDF
81 FR 14369 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, System of RecordsPDF
81 FR 14453 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
81 FR 14448 - Endocrinologic and Metabolic Drugs Advisory Committee; Notice of MeetingPDF
81 FR 14450 - Electronic Study Data Submission; Data Standards; Support End Date for Case Report Tabulation Data Definition Specification Version 1.0PDF
81 FR 14474 - Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2015PDF
81 FR 14473 - 60-Day Notice of Proposed Information Collection for Public Comment Under the Paperwork Reduction Act-Rental Assistance Demonstration (RAD) DocumentsPDF
81 FR 14390 - Tariff of TollsPDF
81 FR 14446 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 14402 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 14404 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 14519 - Hazardous Materials: Notice of Application for Modification of Special PermitPDF
81 FR 14522 - Hazardous Materials: Notice of Application for Modification of Special PermitPDF
81 FR 14521 - Hazardous Materials: Actions on Special Permit ApplicationsPDF
81 FR 14520 - Hazardous Materials: Notice of Application for Special PermitsPDF
81 FR 14374 - Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010PDF
81 FR 14641 - Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedures for Commercial Packaged BoilersPDF
81 FR 14527 - Energy Conservation Program: Energy Conservation Standards for General Service LampsPDF
81 FR 14631 - Energy Conservation Program: Test Procedures for Certain Categories of General Service LampsPDF
81 FR 14408 - Financial Crimes Enforcement Network; Withdrawal of Notice of Proposed Rulemaking Regarding JSC CredexBankPDF
81 FR 14389 - Financial Crimes Enforcement Network; Withdrawal of Finding Regarding JSC CredexBankPDF

Issue

81 52 Thursday, March 17, 2016 Contents Agriculture Agriculture Department See

Forest Service

See

Natural Resources Conservation Service

See

Rural Business-Cooperative Service

See

Rural Housing Service

See

Rural Utilities Service

Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: Petroleum Environmental Research Forum Project No. 2014-10, Direct Monitoring of Flare Combustion Efficiency, 14486 2016-06083 UHD Alliance, Inc., 14485-14486 2016-06079 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14446-14448 2016-05949 Meetings: Advisory Committee to the Director, Centers for Disease Control and Prevention, 14448 2016-06026 Healthcare Infection Control Practices Advisory Committee, 14446 2016-06027 Requests for Nominations: Advisory Committee on Breast Cancer in Young Women, 14446 2016-06025 Commerce Commerce Department See

Economic Development Administration

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

See

Patent and Trademark Office

Community Development Community Development Financial Institutions Fund RULES Capital Magnet Fund, 14370 2016-06030 Defense Department Defense Department NOTICES Arms Sales, 14430-14432 2016-06010 Charter Renewals: Federal Advisory Committees, 14429-14430 2016-06004 Privacy Act; Systems of Records, 14427-14429 2016-06056 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition by a Firm for Certification of Eligibility to Apply for Trade Adjustment Assistance, 14421 2016-06006 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14432 2016-06005 McKinney-Vento Education for Homeless Children and Youths Program, 14432-14436 2016-06073 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14486-14487 2016-06020 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Energy Conservation Program for Certain Commercial and Industrial Equipment: Test Procedures for Commercial Packaged Boilers, 14642-14679 2016-05138 Energy Conservation Program: Energy Conservation Standards for General Service Lamps, 14528-14630 2016-04813 Test Procedures for Certain Categories of General Service Lamps, 14632-14640 2016-04551
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Polk County Board of Health Rules and Regulations, Chapter V, Revisions; Withdrawal, 14392 2016-06061 Protection of Stratospheric Ozone: The 2016 Critical Use Exemption from the Phaseout of Methyl Bromide; Correction, 14393-14395 2016-06065 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14442 2016-06045 Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Hospital/Medical/Infectious Waste Incinerators, 14441-14442 2016-06046 Receipt of Test Data under the Toxic Substances Control Act, 14440-14441 2016-06053 Requests for Applications: Third-Party Chemical/Product Profilers for the Safer Choice Program, 14439-14440 2016-06052 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Turbomeca S.A. Turboshaft Engines, 14370-14372 2016-06000 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 14404-14408 2016-05830 The Boeing Company Airplanes, 14402-14404 2016-05831 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14442-14443 2016-05991 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 14443 2016-06141 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 14395-14401 2016-05986 2016-05988 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Flood Insurance Program Policy Forms, 14459-14460 2016-05983 Changes in Flood Hazard Determinations, 14460-14467, 14469 2016-05982 2016-05985 2016-05990 Meetings: Board of Visitors for the National Fire Academy, 14468 2016-06039 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 14438-14439 2016-06021 Environmental Assessments; Availability, etc.: Broad Run Expansion Project, 14436-14437 2016-06022 License Transfer Applications: Paterson Municipal Utilities Authority and Great Falls Hydroelectric Co., 14437-14438 2016-06024 Petitions for Declaratory Orders, 14436 2016-06023 Federal Railroad Federal Railroad Administration NOTICES Meetings: Railroad Safety Advisory Committee, 14515-14516 2016-05997 Movement of Roadway Maintenance Machines Over Highway-Rail Grade Crossings, 14516-14518 2016-05996 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14444-14445 2016-06040 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 14443-14444 2016-06031 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 14445 2016-06033 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 14445 2016-06032 Financial Crimes Financial Crimes Enforcement Network RULES Withdrawal of Finding Regarding JSC CredexBank, 14389-14390 2016-04412 PROPOSED RULES Withdrawal of Notice of Proposed Rulemaking Regarding JSC CredexBank, 14408-14409 2016-04413 Food and Drug Food and Drug Administration NOTICES Electronic Study Data Submission; Data Standards: Support End Date for Case Report Tabulation Data Definition Specification Version 1.0, 14450-14451 2016-05958 Meetings: Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee, 14449-14452 2016-05999 2016-06017 Endocrinologic and Metabolic Drugs Advisory Committee, 14448-14449 2016-05959 Forest Forest Service NOTICES Meetings: Hiawatha East Resource Advisory Committee, 2016-06013 14410-14411 2016-06014 Government Accountability Government Accountability Office NOTICES Meetings: Comptroller General's Advisory Council on Government Auditing Standards, 14445-14446 2016-06051 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Food and Drug Administration

See

Health Resources and Services Administration

See

Substance Abuse and Mental Health Services Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14453-14455 2016-05961 Requests for Comments: National Bioethics Advisory Bodies, 14452-14453 2016-06015 Requests for Nominations: Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030, 14455-14456 2016-06016
Health Resources Health Resources and Services Administration NOTICES Meetings: National Advisory Committee on Rural Health and Human Services, 14452 2016-05998 Homeland Homeland Security Department See

Federal Emergency Management Agency

See

Transportation Security Administration

See

U.S. Customs and Border Protection

RULES Privacy Act; Systems of Records: Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, 14369 2016-05962
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rental Assistance Demonstration Documents, 14473-14474 2016-05954 Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2015, 14474-14483 2016-05956 Indian Affairs Indian Affairs Bureau NOTICES Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota, 2016-06043 14484-14485 2016-06044 2016-06050 Interior Interior Department See

Indian Affairs Bureau

See

Land Management Bureau

International Trade Adm International Trade Administration NOTICES Scope Rulings, 14421-14423 2016-06042 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 14485 2016-06166 Justice Department Justice Department See

Antitrust Division

Labor Department Labor Department See

Employment and Training Administration

See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Meetings: Las Cruces District Resource Advisory Council, New Mexico, 14485 2016-06002 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 14487 2016-06106 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel INVESTAR, 14518-14519 2016-06099 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES New England Fishery Management Council: Whiting Committee Meeting, 14409 2016-06048 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14423 2016-05984 Meetings: Mid-Atlantic Fishery Management Council, 14423-14424 2016-06047 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14487-14488 2016-06003 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Multistakeholder Process to Develop Best Practices for Privacy, Transparency, and Accountability Regarding Commercial and Private Use of Unmanned Aircraft Systems, 14425 2016-06029 Multistakeholder Process to Develop Consumer Data Privacy Code of Conduct Concerning Facial Recognition Technology, 14424 2016-06028 National Resources Natural Resources Conservation Service NOTICES Meetings: Agricultural Air Quality Task Force, 14411 2016-06078 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act, 14374-14389 2016-05415 Patent Patent and Trademark Office NOTICES Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures, 14425-14427 2016-06011 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications Delayed More than 180 Days, 14523-14524 2016-06054 Special Permit Applications, 14520-14522 2016-05689 2016-05692 Special Permit Applications; Modifications, 14519-14520, 14522-14523 2016-05696 2016-05698 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 14488-14489 2016-06037 2016-06038 Presidential Documents Presidential Documents PROCLAMATIONS Trade: African Growth and Opportunity Act; Beneficiary Country Designations and Modifications (Proc. 9406), 14681-14684 2016-06249 EXECUTIVE ORDERS Defense and National Security: Revocation of Executive Order 13584 and Establishment of an Integrated Global Engagement Center and (EO 13721), 14685-14688 2016-06250 Rural Business Rural Business-Cooperative Service NOTICES Farm Bill; Strategic Economic and Community Development—Reservation of Fiscal Year 2016 Program Funds, 14419-14421 2016-06035 Requests for Applications: Rural Business Development Grant Program to Provide Technical Assistance for Rural Transportation Systems, 14411-14415 2016-06036 Rural Economic Development Loan and Grant Programs for Fiscal Year 2016, 14415-14419 2016-06034 Rural Housing Service Rural Housing Service NOTICES Farm Bill; Strategic Economic and Community Development—Reservation of Fiscal Year 2016 Program Funds, 14419-14421 2016-06035 Rural Utilities Rural Utilities Service NOTICES Farm Bill; Strategic Economic and Community Development—Reservation of Fiscal Year 2016 Program Funds, 14419-14421 2016-06035 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Tariff of Tolls, 14390-14392 2016-05950 Securities Securities and Exchange Commission RULES Securities Investor Protection Corporation, 14372-14374 2016-06041 NOTICES Meetings; Sunshine Act, 14495 2016-06130 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ BX, Inc., 14495-14497 2016-05974 NASDAQ PHLX, LLC, 14509-14513 2016-05975 NASDAQ Stock Market, LLC, 14489-14495, 14497-14500, 14502-14506 2016-05989 2016-05977 2016-05978 NYSE Arca, Inc., 14500-14502, 14513-14514 2016-05973 2016-05976 NYSE MKT, LLC, 14506-14509 2016-05972 State Department State Department NOTICES Meetings: Advisory Committee on Private International Law, 14515 2016-06057 International Telecommunication Advisory Committee, 14514-14515 2016-06049 Shipping Coordinating Committee, 14514 2016-06058 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14456-14458 2016-06009 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

See

Maritime Administration

See

Pipeline and Hazardous Materials Safety Administration

See

Saint Lawrence Seaway Development Corporation

NOTICES Contracting Initiative, 14524-14525 2016-06012
Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Cargo Security Requirements, 14469-14470 2016-05979 Enhanced Security Procedures at Ronald Reagan Washington National Airport, 14470-14471 2016-05971 Transportation Security Officer Medical Questionnaire, 14472-14473 2016-05980 TSA infoBoards, 14471-14472 2016-05981 Treasury Treasury Department See

Community Development Financial Institutions Fund

See

Financial Crimes Enforcement Network

Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Altol Chemical and Environmental Laboratory, Inc., 14458 2016-06059 Chemical and Petrochemical Inspections, 14458-14459 2016-06060 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Geriatrics and Gerontology Advisory Committee; Correction, 14525 2016-06007 Separate Parts In This Issue Part II Energy Department, 14528-14630 2016-04813 Part III Energy Department, 14632-14640 2016-04551 Part IV Energy Department, 14642-14679 2016-05138 Part V Presidential Documents, 14681-14688 2016-06249 2016-06250 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 52 Thursday, March 17, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0020] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-001 Import Information System, System of Records AGENCY:

Privacy Office, Department of Homeland Security.

ACTION:

Final rule.

SUMMARY:

The Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of newly established system of records titled, “Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001, Import Information System [IIS] System of Records” from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the DHS/CBP-001 IIS system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

DATES:

This final rule is effective March 17, 2016.

FOR FURTHER INFORMATION CONTACT:

For general questions, please contact: John Connors, (202) 344-1610, CBP Privacy Officer, Privacy and Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: Background

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking in the Federal Register, 80 FR 49175, August 17, 2015, proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. DHS issued the “Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of Records” in the Federal Register at 80 FR 49256 on August 17, 2015, to provide notice to the public that DHS/CBP was consolidating, updating, and renaming as one SORN the information previously contained in two DHS SORNs titled, “Privacy Act of 1974; Systems of Records [Department of Homeland Security/U.S. Customs and Border Protection, DHS/CBP-001 Automated Commercial Environment/International Trade Data System (ACE/ITDS) System of Records]” (71 FR 3109, January 19, 2006) and “Privacy Act of 1974; U.S. Customs and Border Protection—015 Automated Commercial System, [ACS] System of Records” (73 FR 77759, December 19, 2008). DHS/CBP invited comments on both the Notice of Proposed Rulemaking (NPRM) and System of Records Notice (SORN).

Public Comments

DHS received no comments on the NPRM for the DHS/CBP-001 IIS System of Records and will implement the rulemaking as proposed.

List of Subjects in 6 CFR Part 5

Freedom of information, Privacy.

For the reasons stated in the preamble, DHS amends chapter I of title 6, Code of Federal Regulations, as follows:

PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: Authority:

Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a.

2. In appendix C to part 5, revise paragraph 26 to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act

26. DHS/CBP-001, Import Information System (IIS). A portion of the following system of records is exempt from 5 U.S.C. 552a(c)(3), (e)(8), and (g)(1) pursuant to 5 U.S.C. 552a(j)(2), and from 5 U.S.C. 552a(c)(3) pursuant to 5 U.S.C. 552a(k)(2). Further, no exemption shall be asserted with respect to information maintained in the system as it relates to data submitted by or on behalf of a person who travels to visit the United States and crosses the border, nor shall an exemption be asserted with respect to the resulting determination (approval or denial). After conferring with the appropriate component or agency, DHS may waive applicable exemptions in appropriate circumstances and where it would not appear to interfere with or adversely affect the law enforcement purposes of the systems from which the information is recompiled or in which it is contained. Exemptions from the above particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, when information in this system of records is may impede a law enforcement, intelligence activities and national security investigation:

(a) From subsection (c)(3) (Accounting for Disclosure) because making available to a record subject the accounting of disclosures from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a violation of U.S. law, including investigations of a known or suspected terrorist, by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation.

(b) From subsection (e)(8) (Notice on Individuals) because to require individual notice of disclosure of information due to compulsory legal process would pose an impossible administrative burden on DHS and other agencies and could alert the subjects of counterterrorism or law enforcement investigations to the fact of those investigations when not previously known.

(c) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act.

Dated: March 2, 2016. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-05962 Filed 3-16-16; 8:45 am] BILLING CODE 9111-14-P
DEPARTMENT OF THE TREASURY Community Development Financial Institutions Fund 12 CFR Part 1807 RIN 1559-AA00 Capital Magnet Fund AGENCY:

Community Development Financial Institutions Fund, Department of the Treasury

ACTION:

Interim rule; extension of comment period.

SUMMARY:

On February 8, 2016, the Department of the Treasury published an interim rule (hereafter, the interim rule) implementing the Capital Magnet Fund (CMF), administered by the Community Development Financial Institutions Fund (CDFI Fund). The interim rule incorporates updates to the definitions, requirements and parameters for CMF implementation and administration. This document extends the comment period on the interim rule to May 8, 2016.

DATES:

The comment period for the interim rule published February 8, 2016, at 81 FR 6434, is extended. All comments must be written and must be received in the offices of the CDFI Fund on or before May 8, 2016.

ADDRESSES:

You may submit comments concerning the interim rule via the Federal e-Rulemaking Portal at http://www.regulations.gov (please follow the instructions for submitting comments). All submissions must include the agency name and Regulatory Information Number (RIN) for this rulemaking. Information regarding the CDFI Fund and its programs may be obtained through the CDFI Fund's Web site at http://www.cdfifund.gov.

FOR FURTHER INFORMATION CONTACT:

Marcia Sigal, CMF program staff by email at [email protected], or by phone at (202) 653-0421.

SUPPLEMENTARY INFORMATION:

On February 8, 2016, the Department of the Treasury published an interim rule implementing the CMF, administered by the CDFI Fund.

The comment period designated in the interim rule notice will close on April 8, 2016. The FY 2016 CMF application round opened on February 8, 2016 with the publication in the Federal Register of the Notice of Funds Availability Inviting Applications for the Fiscal Year (FY) 2016 Funding Round of the Capital Magnet Fund (FY 2016 NOFA). Per the FY 2016 NOFA, applications are due by March 30, 2016. The CDFI Fund also held a series of application webinars for the FY 2016 CMF application round in February and March of 2016. Since the opening of the FY 2016 CMF application round and during these application webinars, multiple interested applicants requested additional time to submit comments regarding the interim rule and requested that the comment period be extended. In response to these requests, the Department hereby extends the comment period for an additional 30 days so that comments are due on or before May 8, 2016.

The interim rule incorporates updates to the definitions, requirements and parameters for CMF implementation and administration including, among others, Applicant eligibility, application review, Recipient selection, Assistance Agreements, eligible uses of CMF Awards, and Recipient reporting. In addition, sections of the interim rule regarding certain definitions and project level requirements have been revised in order to facilitate alignment and ease of administration. These revisions are modeled after the requirements of the Low Income Housing Tax Credit Program (LIHTC Program) authorized under Title I of the U.S. Housing Act of 1937, as amended, 42 U.S.C. 1437 et seq., and the HOME Investment Partnership Program (HOME Program) authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq. and the HOME Program final rule published on July 24, 2013.

The interim rule also reflects requirements set forth in a final rule, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (12 CFR 1000), adopted by the Department of the Treasury on December 19, 2014 (hereafter referred to as the Uniform Administrative Requirements). The Uniform Administrative Requirements constitute a government-wide framework for grants management codified by the Office of Management and Budget (OMB), combining several OMB grants management circulars aimed at reducing the administrative burden for Recipients, and reducing the risk of waste, fraud and abuse of Federal financial assistance. The Uniform Administrative Requirements establish financial, administrative, procurement, and program management standards with which Federal award-making programs, including those administered by the CDFI Fund, and Recipients must comply. Accordingly, the interim rule includes revisions necessary to implement the Uniform Administrative Requirements, as well as to make certain technical corrections and certain programmatic updates, as well as provide clarifying language to existing program requirements.

The CDFI Fund seeks public comment on the entire interim rule. All capitalized terms herein are defined in the definitions section of the interim rule, as set forth in 12 CFR 1807.104.

Mary Ann Donovan, Director, Community Development Financial Institutions Fund.
[FR Doc. 2016-06030 Filed 3-16-16; 8:45 am] BILLING CODE 4810-70-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25970; Directorate Identifier 99-NE-12-AD; Amendment 39-18426; AD 2016-05-08] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are superseding airworthiness directive (AD) 2006-23-17 for certain Turbomeca S.A. Turmo IV A and IV C turboshaft engines. AD 2006-23-17 required repetitive inspections of the centrifugal compressor intake wheel (inducer) blades for cracks and corrosion, replacement of parts that fail inspection, and replacement of the TU 197 standard centrifugal compressor. This AD requires the same inspections, but at revised intervals, adds the replacement of the TU 215 standard centrifugal compressor, and requires replacement of parts that fail inspection. This AD was prompted by a centrifugal compressor inducer blade loss. This AD was also prompted by a Turbomeca S.A. review of the engine service experience and their determination that more frequent borescope inspections (BSIs) are required on engines not modified to the TU 191, TU 197, or TU 224 standard. We are issuing this AD to prevent failure of the centrifugal compressor inducer, which could lead to an uncontained blade release, damage to the engine, and damage to the airplane.

DATES:

This AD is effective April 21, 2016.

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

ADDRESSES:

For service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; fax: 33 (0)5 59 74 45 15. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2006-25970.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2006-25970; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the mandatory continuing airworthiness information, regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2006-23-17, Amendment 39-14829 (71 FR 66664, November 16, 2006), (“AD 2006-23-17”). AD 2006-23-17 applied to the specified products. The NPRM published in the Federal Register on November 25, 2015 (80 FR 73681). The NPRM proposed to require the same inspections, but at revised intervals, add the replacement of the TU 215 standard centrifugal compressor, and require replacement of parts that fail inspection.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 73681, November 25, 2015).

Conclusion

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

Related Service Information Under 1 CFR Part 51

We reviewed Turbomeca S.A. Alert Mandatory Service Bulletin (MSB) No. A249 72 0100, Version H, dated May 21, 2015. The Alert MSB describes procedures for the inspection and replacement of the centrifugal compressor inducer blades. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 36 engines installed on airplanes of U.S. registry. We estimate that two of these engines will require compressor replacement. We also estimate that about 40 hours per engine are required to comply with this AD. The average labor rate is $85 per hour. Parts cost about $40,000 per engine. Based on these figures, we estimate the cost of this AD on U.S. operators to be $202,400.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2006-23-17, Amendment 39-14829 (71 FR 66664, November 16, 2006) (“2006-23-17”), and adding the following new AD: 2016-05-08 Turbomeca S.A.: Amendment 39-18426; Docket No. FAA-2006-25970; Directorate Identifier 99-NE-12-AD. (a) Effective Date

This AD is effective April 21, 2016.

(b) Affected ADs

This AD replaces AD 2006-23-17.

(c) Applicability

This AD applies to Turbomeca S.A. Turmo IV A and IV C turboshaft engines.

(d) Unsafe Condition

This AD was prompted by a centrifugal compressor inducer blade loss. We are issuing this AD to prevent failure of the centrifugal compressor inducer, which could lead to an uncontained blade release, damage to the engine, and damage to the airplane.

(e) Compliance

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

(1) Remove the TU 197 and TU 215 standard centrifugal compressors and install the TU 224 standard centrifugal compressor, within 30 days after the effective date of this AD.

(2) Perform initial and repetitive ultrasonic inspections (UIs) or eddy current inspections (ECIs) of the centrifugal compressor (inducer). Use Accomplishment Instructions, paragraph 6.B.(1)(b) of Turbomeca S.A. Alert Mandatory Service Bulletin (MSB) No. A249 72 0100, Version H, dated May 21, 2015 to do the inspections. Use Appendix 1 of Turbomeca S.A. Alert MSB No. A249 72 0100, Version H, dated May 21, 2015 for the schedule of inspections.

(3) Perform initial and repetitive borescope inspections (BSIs) of the centrifugal compressor inducer. Use Accomplishment Instructions, paragraphs 6.B.(1)(a) of Turbomeca S.A. Alert MSB No. A249 72 0100, Version H, dated May 21, 2015 to do the inspections. Use Appendix 1 of Turbomeca S.A. Alert MSB No. A249 72 0100, Version H, dated May 21, 2015 for the schedule of inspections.

(4) If, during any inspection required by paragraphs (e)(2) or (e)(3) of this AD, any crack, corrosion, or other damage is detected on the inducer, then before next flight, replace the centrifugal compressor.

(5) Accomplishment of a UI or ECI of the centrifugal compressor inducer, required by paragraph (e)(2) of this AD, is acceptable in lieu of a BSI required by paragraph (e)(3) of this AD for that engine.

(6) Replacement of a centrifugal compressor required by paragraph (e)(4) of this AD, does not constitute terminating action for the repetitive inspections required by paragraphs (e)(2) and (e)(3) of this AD.

(f) Credit for Previous Actions

You may take credit for the inspections and corrective actions required by paragraphs (e)(2) and (e)(3) of this AD, if you performed the inspections and corrective actions before the effective date of this AD, using Turbomeca S.A. Alert MSB No. A249 72 0100, Version G, or an earlier version.

(g) Alternative Methods of Compliance (AMOCs)

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

(h) Related Information

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

(i) Material Incorporated by Reference

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

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

(i) Turbomeca S.A. Alert Mandatory Service Bulletin (MSB) No. A249 72 0100, Version H, dated May 21, 2015.

(ii) Reserved.

(3) For Turbomeca S.A. service information identified in this AD, contact Turbomeca S.A., 40220 Tarnos, France; phone: 33 (0)5 59 74 40 00; fax: 33 (0)5 59 74 45 15.

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

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

Issued in Burlington, Massachusetts, on February 26, 2016. Colleen M. D'Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2016-06000 Filed 3-16-16; 8:45 am] BILLING CODE 4910-13-P
SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 300 [Release No. SIPA-175; File No. SIPC-2015-01] Securities Investor Protection Corporation AGENCY:

Securities and Exchange Commission.

ACTION:

Final rule.

SUMMARY:

The Securities and Exchange Commission (“Commission”) is approving a proposed rule change filed by the Securities Investor Protection Corporation (“SIPC”). The rule change adds SIPC Rule 600, entitled “Rules Relating to Supplemental Report of SIPC Membership.” Because SIPC rules have the force and effect as if promulgated by the Commission, those rules are published in Title 17 of the Code of Federal Regulations, where the rule change will be reflected.

DATES:

Effective March 31, 2016.

FOR FURTHER INFORMATION CONTACT:

Michael A. Macchiaroli, Associate Director, at (202) 551-5525; Thomas K. McGowan, Associate Director, at (202) 551-5521; Randall W. Roy, Deputy Associate Director, at (202) 551-5522; Timothy C. Fox, Branch Chief, at (202) 551-5687; Rose Russo Wells, Senior Counsel, at (202) 551-5527; Office of Financial Responsibility, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION:

The Commission is approving a proposed rule change filed by SIPC, adding SIPC Rule 600, 17 CFR 300.600.

I. Background

On April 17, 2015, SIPC filed a proposed rule change with the Commission under section 3(e)(2)(A) of the Securities Investor Protection Act of 1970 (“SIPA”),1 and subsequently filed amendments to the proposed rule change on June 23, 2015, July 24, 2015, and September 29, 2015. The proposed rule change would add SIPC Rule 600 (“Rule 600”), entitled “Rules Relating to Supplemental Report of SIPC Membership.” Notice requesting comment on the proposed rule change, as amended, was published in the Federal Register on November 4, 2015.2 The Commission received one comment on the proposal.3 The Commission is approving the proposed rule change under section 3(e)(2) of SIPA.4

1 15 U.S.C. 78ccc(e)(2)(A).

2See Securities Investor Protection Corporation, Release No. SIPA-173 (Oct. 28, 2015), 80 FR 68286 (Nov. 4, 2015).

3See email from Paul W. Lameo to Michael A. Macchiaroli dated December 22, 2015. The comment requested clarification regarding a number of technical questions concerning the process for filing reports with SIPC. SIPC intends to issue Frequently Asked Questions to respond to those and other technical questions.

4 Under SIPA, to be final, rules proposed by SIPC must be approved by the Commission. See 15 U.S.C. 78ccc(e)(2).

II. Proposed Rule Change

Pursuant to SIPA and SIPC Bylaws, broker-dealers that are SIPC members pay semi-annual assessments to SIPC at the mid-point and at the end of their fiscal year.5 The assessment payments are the main source of funding for the SIPC Fund. The amount of the assessment a broker-dealer must pay is based on the firm's revenues from its securities business.6 Consequently, in relation to the payment of the assessments, a broker-dealer must file with SIPC a Form SIPC-6 (General Assessment Payment Form) with the mid-year assessment and a Form SIPC-7 (General Assessment Reconciliation Form) with the year-end assessment. These forms show the broker-dealer's calculation of the assessment amount based on its revenues from its securities business.7

5See 15 U.S.C. 78ddd(c); SIPC Bylaws, Article 6.

6See 15 U.S.C. 78ddd(c) and (d).

7 Form SIPC-7 provides that the broker-dealer may deduct from the end of fiscal year assessment the amount paid mid-year with the filing of the Form SIPC-6.

Broker-dealers that limit their business to certain specified activities or conduct their business outside of the United States are exempt from being members of SIPC.8 Consequently, these broker-dealers do not pay a SIPC assessment. However, they must file a Form SIPC-3, which is a certification by the broker-dealer that it is excluded from SIPC membership under SIPA.

8See 15 U.S.C. 78ccc(a)(2)(A).

In 1972, as a result of significant discrepancies between the assessment information reported to SIPC on the Forms SIPC-6 and SIPC-7 and information supplied in reports filed with the Commission on which the calculation of the assessment was based, the Commission amended Rule 17a-5 9 (the broker-dealer reporting rule).10 As amended, the rule generally requires broker-dealers to file with the Commission a SIPC supplemental report.11 The SIPC supplemental report includes a schedule of assessment payments or a statement that the broker-dealer qualified for exclusion from membership in SIPC. The SIPC supplemental report also must include a report of an independent public accountant, who must be engaged to perform certain procedures specified in Rule 17a-5 with respect to the information provided in the report.12

9 17 CFR 240.17a-5.

10See Report of Securities Investor Protection Corporation Assessments, Exchange Act Release No. 9766 (Sep. 15, 1972), 37 FR 18909 (Sep. 16, 1972).

11See 17 CFR 240.17a-5(e)(4).

12 The items that must be included in the report and the procedures to be performed by the accountant are listed in paragraphs (e)(4)(ii)(A), (B), and (C) of Rule 17a-5.

On July 30, 2013, the Commission amended Rule 17a-5.13 As part of this rulemaking, the Commission determined that because Forms SIPC-3, SIPC-6, and SIPC-7 are used solely by SIPC for purposes of levying its assessments, the SIPC supplemental report should be filed only with SIPC. The Commission also determined that SIPC should prescribe the form and content of the SIPC supplemental report. Accordingly, the Commission amended paragraph (e)(4) of Rule 17a-5 to provide that a broker-dealer must file a SIPC supplemental report with SIPC that contains such information and is in such format as determined by SIPC by rule and approved by the Commission.14

13See Broker-Dealer Reports, Exchange Act Release No. 70073 (Jul. 30, 2013), 78 FR 51910 (Aug. 21, 2013) (“Broker-Dealer Reports”).

14See Broker-Dealer Reports, 78 FR 51926-7, 51991, 17 CFR 240.17a-5(e)(4)(i).

The rule change approved by the Commission adds SIPC Rule 600, entitled “Rules Relating to Supplemental Report of SIPC Membership.” 15 The purpose of Rule 600 is to replace the requirements currently in Rule 17a-5 prescribing the information that must be included in, and the format of, the SIPC supplemental report.16 The requirements of Rule 600 are modeled on the requirements of Rule 17a-5.17 For example, Rule 600 requires that the SIPC supplemental report include, among other things, a copy of the Form SIPC-7 filed or a schedule of assessment payments showing any overpayments applied and overpayments carried forward, including payment dates and amounts; or, if exclusion from membership was claimed, a statement that the broker-dealer qualified for exclusion from membership under SIPA and the date the Form SIPC-3 was filed with SIPC.18 Further, Rule 600 requires that the SIPC supplemental report include a report of an independent public accountant who is engaged to perform the following agreed-upon procedures:

15 17 CFR 300.600.

16See 17 CFR 240.17a-5(e)(4)(ii). Rule 17a-5 provides that broker-dealers are required to file the SIPC supplemental reports pursuant to the requirements in paragraph (e)(4)(ii) of the rule until the earlier of the Commission approving a rule adopted by SIPC or two years from the effective date of the amendment (that is, by June 14, 2016). See 17 CFR 240.17a-5(e)(4)(ii). Consequently, if, after two years from the effective date no such SIPC rule has been approved, broker-dealers would no longer be required to file the reports.

17Compare Rule 600, with 17 CFR 240.17a-5(e)(4)(ii).

18Compare Rule 600(b)(i) and (ii), with 17 CFR 240.17a-5(e)(4)(ii).

• Compare assessment payments made in accordance with Form SIPC-6 and applied to the general assessment calculation on Form SIPC-7 with respective cash disbursements record entries;

• For all or any portion of a fiscal year, compare amounts reflected in the audited financial statements required by Commission rule with amounts reported in Form SIPC-7;

• Compare adjustments reported in Form SIPC-7 with supporting schedules and working papers supporting the adjustments;

• Verify the arithmetical accuracy of the calculations reflected in Form SIPC-7 and in the schedules and working papers supporting any adjustments; and

• Compare the amount of any overpayment applied with the Form SIPC-7 on which it was computed; or

• If exclusion from membership is claimed, compare the income or loss reported in the audited financial statements required by Commission rule with Form SIPC-3.19

19Compare Rule 600(b)(iii), with 17 CFR 240.17a-5(e)(4)(ii). Consistent with requirements in Rule 17a-5 regarding the independent public accountant that is engaged to prepare reports covering the annual reports of a broker-dealer, Rule 600 provides that the independent public accountant who is engaged to perform the enumerated agreed-upon procedures must be independent in accordance with the provisions of 17 CFR 210.2-01 and that the accountant must be engaged to perform the enumerated agreed-upon procedures in accordance with standards of the Public Company Accounting Oversight Board. See Rule 600(b)(iii); 17 CFR 240.17a-5(f)(1) and (g).

Rule 600 also incorporates prior relief by providing that a SIPC member broker-dealer is exempt from filing the supplemental report if the broker-dealer reports $500,000 or less in total revenue in its “annual audited statement of income” filed with the Commission.20

20See Rule 600(a)(ii).

Finally, Rule 600 provides that a broker-dealer must file the supplemental report within 60 days after the end of its fiscal year.

III. Discussion and Commission Action

Section 3(e)(2)(A) of SIPA provides that the SIPC Board of Directors must file with the Commission any proposed amendment to a SIPC Rule.21 Section 3(e)(2)(B) of SIPA provides that within thirty-five days of the date of publication of the notice of filing of a proposed rule change in the Federal Register, or within such longer period (1) as the Commission may designate of not more than ninety days after such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (2) as to which SIPC consents, the Commission shall: (i) By order approve such proposed rule change or (ii) institute proceedings to determine whether such proposed rule change should be disapproved.22 Further, section 3(e)(2)(D) of SIPA provides that the Commission shall approve a proposed rule change if it finds that the proposed rule change is in the public interest and is consistent with the purposes of SIPA.23

21 15 U.S.C. 78ccc(e)(2)(A).

22 15 U.S.C. 78ccc(e)(2)(B). SIPC has agreed to two 60-day extensions; consequently, the Commission must act no later than April 7, 2016. See emails from Hemant Sharma, Associate General Counsel, SIPC, to Randall W. Roy, Deputy Associate Director, Commission, dated December 3, 2015 and February 1, 2016.

23 15 U.S.C. 78ccc(e)(2)(D).

The Commission finds, pursuant to section 3(e)(2)(D) of SIPA, that the proposed rule change is in the public interest and consistent with the purposes of SIPA. First, as noted above, paragraph (e)(4) of Rule 17a-5 provides that the broker-dealer must file with SIPC a report on the SIPC annual general assessment reconciliation or exclusion from membership forms that contains such information and is in such format as determined by SIPC by rule and approved by the Commission. SIPC uses broker-dealers' SIPC supplemental reports to evaluate whether broker-dealers calculate their SIPC assessments correctly. These assessments are the main source of funding for the SIPC Fund. The Commission determined that because Forms SIPC-3, SIPC-6, and SIPC-7 are used solely by SIPC for purposes of levying its assessments, SIPC should prescribe by rule the form and content of the SIPC supplemental report. Rule 600 prescribes the form and content of the report, in accordance with paragraph (e)(4) of Rule 17a-5. Second, Rule 600 is modelled on existing requirements in Rule 17a-5 prescribing the information that must be included in, and the format of, the SIPC supplemental report. Accordingly, the Commission finds that Rule 600 is in the public interest and is consistent with the purposes of SIPA.

It is therefore ordered by the commission, pursuant to section 3(e)(2) of SIPA, that the above-mentioned proposed rule change is approved. In accordance with section 3(e)(2) of SIPA, the approved rule change shall be given the force and effect as if promulgated by the Commission.

IV. Statutory Authority

Pursuant to SIPA, 15 U.S.C. 78aaa et seq., and particularly, section 3(e)(15 U.S.C. 78ccc(e), SIPC is adding section 300.600 of Title 17 of the Code of Federal Regulations in the manner set forth below.

List of Subjects in 17 CFR Part 300

Brokers, Securities.

Text of the Amendments

In accordance with the foregoing, Title 17, Chapter II of the Code of Federal Regulations is amended as follows:

PART 300—RULES OF THE SECURITIES INVESTOR PROTECTION CORPORATION 1. The authority citation for part 300 continues to read as follows: Authority:

15 U.S.C. 78ccc.

2. Add an undesignated center heading and § 300.600 to read as follows: Rules Relating to Supplemental Report on SIPC Membership
§ 300.600 Rules relating to supplemental report on SIPC membership.

(a)(1) Who must file the supplemental report. Except as provided in paragraph (a)(2) of this section, a broker or dealer must file with SIPC, within 60 days after the end of its fiscal year, a supplemental report on the status of its membership in SIPC (commonly referred to as the “Independent Accountants' Report on Applying Agreed-Upon Procedures”) if a rule of the Securities and Exchange Commission (SEC) requires the broker or dealer to file audited financial statements annually.

(2) If the broker or dealer is a member of SIPC, the broker or dealer is not required to file the supplemental report for any year in which it reports $500,000 or less in total revenues in its annual audited statement of income filed with the SEC.

(b) Requirements of the supplemental report. The supplemental report must cover the SIPC Annual General Assessment Reconciliation Form (Form SIPC-7) or the Certification of Exclusion From Membership Form (Form SIPC-3) for each year for which an SEC Rule requires audited financial statements to be filed. The supplemental report must include the following:

(1) A copy of the form filed or a schedule of assessment payments showing any overpayments applied and overpayments carried forward, including payment dates, amounts, and name of SIPC collection agent to whom mailed; or

(2) If exclusion from membership was claimed, a statement that the broker or dealer qualified for exclusion from membership under the Securities Investor Protection Act of 1970, as amended, and the date the Form SIPC-3 was filed with SIPC; and

(3) An independent public accountant's report. The independent public accountant, who must be independent in accordance with the provisions of 17 CFR 210.2-01, must be engaged to perform the following agreed-upon procedures in accordance with standards of the Public Company Accounting Oversight Board (PCAOB):

(i) Compare assessment payments made in accordance with the General Assessment Payment Form (Form SIPC-6) and applied to the General Assessment calculation on the Form SIPC-7 with respective cash disbursements record entries;

(ii) For all or any portion of a fiscal year, compare amounts reflected in the audited financial statements required by an SEC rule with amounts reported in the Form SIPC-7;

(iii) Compare adjustments reported in the Form SIPC-7 with supporting schedules and working papers supporting the adjustments;

(iv) Verify the arithmetical accuracy of the calculations reflected in the Form SIPC-7 and in the schedules and working papers supporting any adjustments; and

(v) Compare the amount of any overpayment applied with the Form SIPC-7 on which it was computed; or

(vi) If exclusion from membership is claimed, compare the income or loss reported in the audited financial statements required by an SEC rule with the Form SIPC-3.

By the Commission.

Dated: March 14, 2016. Robert W. Errett, Deputy Secretary.
[FR Doc. 2016-06041 Filed 3-16-16; 8:45 am] BILLING CODE 8011-01-P
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1985 [Docket Number: OSHA-2011-0540] RIN 1218-AC58 Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010 AGENCY:

Occupational Safety and Health Administration, Labor.

ACTION:

Final rule.

SUMMARY:

This document provides the final text of regulations governing the employee protection (whistleblower) provisions of the Consumer Financial Protection Act of 2010, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA). An interim final rule establishing procedures for these provisions and requesting public comment was published in the Federal Register on April 3, 2014. Two comments were received. This rule responds to those comments and establishes the final procedures and time frames for the handling of retaliation complaints under CFPA, including procedures and timeframes for employee complaints to the Occupational Safety and Health Administration (OSHA), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor) and judicial review of the Secretary of Labor's final decision.

DATES:

This final rule is effective on March 17, 2016.

FOR FURTHER INFORMATION CONTACT:

Viet Ly, Program Analyst, Directorate of Whistleblower Protection Programs, Occupational Safety and Health Administration, U.S. Department of Labor, Room N-4618, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-2199. This is not a toll-free number. Email: [email protected] This Federal Register publication is available in alternative formats. The alternative formats available are large print, electronic file on computer disk (Word Perfect, ASCII, Mates with Duxbury Braille System) and audiotape.

SUPPLEMENTARY INFORMATION:

I. Background

The Consumer Financial Protection Act of 2010 was enacted as Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), Pub. L. 111-203, 124 Stat. 1376, on July 21, 2010. The Act established the Consumer Financial Protection Bureau (Bureau) as an independent bureau within the Federal Reserve System and gave the Bureau the power to regulate the offering and provision of consumer financial products or services under more than a dozen Federal consumer financial laws. The laws subject to the Bureau's jurisdiction generally include, among others, the Consumer Financial Protection Act of 2010, the Consumer Leasing Act of 1976 (15 U.S.C. 1667 et seq.), the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.), the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.), the Fair Credit Billing Act (15 U.S.C. 1666 et seq.), the Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.), the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.), the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.), and the Truth in Lending Act (15 U.S.C. 1601 et seq.). The regulations to be enforced by the Bureau include certain regulations issued by seven “transferor agencies,” including the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Trade Commission, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the Department of Housing and Urban Development. The Bureau also has concurrent authority to enforce the Telemarketing Sales Rule issued by the Federal Trade Commission. The Bureau published an initial list of such rules and regulations. See 76 FR 43569-71 (July 21, 2011). It has also revised and republished many of these regulations and announced its intention to continue doing so. See, e.g., Streamlining Inherited Regulations, 76 FR 75825 (Dec. 5, 2011); Fall 2014 Unified Regulatory Agenda and Regulatory Plan, Consumer Financial Protection Bureau Statement of Regulatory Priorities, available at http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/201410/Statement_3170.html.

The Bureau also has authority to issue new rules, orders, and guidance, as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of the Federal consumer financial laws, and to prevent evasions thereof.

More information about the Bureau, its jurisdiction, and the laws and regulations it enforces is available at its Web site, http://www.consumerfinance.gov/the-bureau.

Section 1057 of the Dodd-Frank Act, codified at 12 U.S.C. 5567 and referred to throughout this final rule as CFPA, provides protection to covered employees, and authorized representatives of such employees, against retaliation because they provided information to their employer, to the Bureau, or to any other Federal, State, or local government authority or law enforcement agency relating to any violation of (or any act or omission that the employee reasonably believes to be a violation of) any provision of the Act or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau; testified or will testify in any proceeding resulting from the administration or enforcement of any provision of the Act or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau; filed, instituted, or caused to be filed or instituted any proceeding under any Federal consumer financial law; or objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Bureau. The section applies to covered persons and service providers. Examples of these include, but are not limited to, providers of the following financial products or services: (1) residential mortgage loan origination, brokerage, and servicing, modification and foreclosure relief services; (2) student loans; (3) payday loans; (4) debt collection; (5) credit reporting; (6) finance companies, lending, and loan servicing and brokerage; (7) money transmitting and check cashing services; (8) prepaid card services; (9) debt life services, and (10) certain service providers and certain affiliates related to such an entity.

This final rule establishes procedures for the handling of whistleblower complaints under CFPA.

II. Summary of Statutory Procedures

CFPA's whistleblower provisions include procedures that allow a covered employee to file a complaint with the Secretary of Labor (Secretary) within 180 days of the alleged retaliation. Upon receipt of the complaint, the Secretary must provide written notice to the person or persons named in the complaint alleged to have violated the Act (respondent) of the filing of the complaint, the allegations contained in the complaint, the substance of the evidence supporting the complaint, and the rights afforded the respondent throughout the investigation. The Secretary must then, within 60 days of receipt of the complaint, afford the complainant and respondent an opportunity to submit a response and meet with the investigator to present statements from witnesses, and conduct an investigation.

The statute provides that the Secretary may conduct an investigation only if the complainant has made a prima facie showing that the protected activity was a contributing factor in the adverse action alleged in the complaint and the respondent has not demonstrated, through clear and convincing evidence, that it would have taken the same adverse action in the absence of that activity (see section 1985.104 for a summary of the investigation process). OSHA interprets the prima facie case requirement as allowing the complainant to meet this burden through the complaint as supplemented by interviews of the complainant.

After investigating a complaint, the Secretary will issue written findings. If, as a result of the investigation, the Secretary finds there is reasonable cause to believe that retaliation has occurred, the Secretary must notify the respondent of those findings, along with a preliminary order that requires the respondent to, where appropriate: take affirmative action to abate the violation; reinstate the complainant to his or her former position together with the compensation of that position (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and provide compensatory damages to the complainant, as well as all costs and expenses (including attorney fees and expert witness fees) reasonably incurred by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued.

The complainant and the respondent then have 30 days after the date of receipt of the Secretary's notification in which to file objections to the findings and/or preliminary order and request a hearing before an administrative law judge (ALJ) at the Department of Labor. The filing of objections under CFPA will stay any remedy in the preliminary order except for preliminary reinstatement. If a hearing before an ALJ is not requested within 30 days, the preliminary order becomes final and is not subject to judicial review.

If a hearing is held, CFPA requires the hearing to be conducted “expeditiously.” The Secretary then has 120 days after the conclusion of any hearing in which to issue a final order, which may provide appropriate relief or deny the complaint. Until the Secretary's final order is issued, the Secretary, the complainant, and the respondent may enter into a settlement agreement that terminates the proceeding. Where the Secretary has determined that a violation has occurred, the Secretary, where appropriate, will assess against the respondent a sum equal to the total amount of all costs and expenses, including attorney and expert witness fees, reasonably incurred by the complainant for, or in connection with, the bringing of the complaint upon which the Secretary issued the order. The Secretary also may award a prevailing employer reasonable attorney fees, not exceeding $1,000, if the Secretary finds that the complaint is frivolous or has been brought in bad faith. Within 60 days of the issuance of the final order, any person adversely affected or aggrieved by the Secretary's final order may file an appeal with the United States Court of Appeals for the circuit in which the violation occurred or the circuit where the complainant resided on the date of the violation.

CFPA permits the employee to seek de novo review of the complaint by a United States district court in the event that the Secretary has not issued a final decision within 210 days after the filing of the complaint, or within 90 days after the date of receipt of a written determination. The provision provides that the court will have jurisdiction over the action without regard to the amount in controversy and that the case will be tried before a jury at the request of either party.

Finally, CFPA provides that except in very limited circumstances, and notwithstanding any other provision of law, the rights and remedies provided for in the CFPA whistleblower provision may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement, and no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under CFPA's whistleblower provision.

III. Summary and Discussion of Rulemaking Proceedings and Regulatory Provisions

On April 3, 2014, OSHA published in the Federal Register an interim final rule (IFR), promulgating rules governing the employee protection (whistleblower) provisions of CFPA. 79 FR 18630. In addition to promulgating the IFR, OSHA's publication included a request for public comment on the IFR by June 2, 2014. OSHA received two comments: One from an individual, Chris Strickling, and one from an organization, International Bancshares Corporation (IBC). Mr. Strickling expressed general support for protecting whistleblowers, but his comment did not address any particular provision of the IFR. IBC criticized several provisions of the IFR, however its criticisms all related to statutory requirements in CFPA itself, rather than the regulatory choices that OSHA has made in these procedural rules. Accordingly, no changes were made to the rule based on public comments. Several small changes were made, however, to clarify the final rule and to make the final rule consistent with OSHA's other, recently promulgated whistleblower rules. These changes and OSHA's response to each of IBC's comments is discussed below.

The regulatory provisions in this part have been written and organized to be consistent with other whistleblower regulations promulgated by OSHA to the extent possible within the bounds of the statutory language of CFPA. Responsibility for receiving and investigating complaints under CFPA has been delegated to the Assistant Secretary for Occupational Safety and Health (Assistant Secretary) by Secretary's Order 1-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012). Hearings on determinations by the Assistant Secretary are conducted by the Office of Administrative Law Judges, and appeals from decisions by ALJs are decided by the ARB. Secretary of Labor's Order No. 2-2012, 77 FR 69378 (Nov. 16, 2012).

Subpart A—Complaints, Investigations, Findings and Preliminary Orders Section 1985.100 Purpose and Scope

This section describes the purpose of the regulations implementing CFPA and provides an overview of the procedures covered by these regulations. This section has been reworded slightly for consistency with other whistleblower procedural rules.

Section 1985.101 Definitions

This section includes the general definitions from Section 1002 of the Dodd-Frank Act, 12 U.S.C. 5481, which are applicable to CFPA's whistleblower provisions. The Act defines the term “affiliate” as “any person that controls, is controlled by, or is under common control with another person.” 12 U.S.C. 5481(1). It defines the term “consumer” as “an individual or an agent, trustee, or representative acting on behalf of an individual.” 12 U.S.C. 5481(4).

In the IFR, OSHA defined “Bureau” as “the Bureau of Consumer Financial Protection.” This definition was used in the CFPA. However, when the Bureau came into existence, it was named the Consumer Financial Protection Bureau. The definition of “Bureau” has been changed to reflect the current name of the agency.

The Act defines a “consumer financial product or service” to include a wide variety of financial products or services offered or provided for use by consumers primarily for personal, family, or household purposes, and certain financial products or services that are delivered, offered, or provided in connection with a consumer financial product or service. See 12 U.S.C. 5481(5), (15). Examples of these include, but are not limited to, residential mortgage origination, lending, brokerage and servicing, and related products and services such as mortgage loan modification and foreclosure relief; student loans; payday loans; and other financial services such as debt collection, credit reporting, credit cards and related activities, money transmitting, check cashing and related activities, prepaid cards, and debt relief services.

The Act defines “covered person” as “any person that engages in offering or providing a consumer financial product or service” and “any affiliate of [such] a person . . . if [the] affiliate acts as a service provider to such person.” 12 U.S.C. 5481(6). It defines the term “person” as “an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.” 12 U.S.C. 5481(19). The law defines “service provider” as “any person that provides a material service to a covered person in connection with the offering or provision by such covered person of a consumer financial product or service, including a person that—(i) participates in designing, operating, or maintaining the consumer financial product or service; or (ii) processes transactions relating to the consumer financial product or service. . . .” 12 U.S.C. 5481(26)(A). The term “service provider” does not include a person who solely offers or provides certain general business support services or advertising services. 12 U.S.C. 5481(26)(B). Anyone who is a “service provider” is also “deemed to be a covered person to the extent that such person engages in the offering or provision of its own consumer financial product or service.” 12 U.S.C. 5481(26)(C).

CFPA defines “covered employee” as “any individual performing tasks related to the offering or provision of a consumer financial product or service.” 12 U.S.C. 5567(b). Consistent with the other whistleblower protection provisions administered by OSHA, OSHA interprets the term “covered employee” to also include individuals presently or formerly working for, individuals applying to work for, and individuals whose employment could be affected by a covered person or service provider where such individual was performing tasks related to the offering or provision of a consumer financial product or service at the time that the individual engaged in protected activity under CFPA. See, e.g., 29 CFR 1979.101; 29 CFR 1980.101(g); 29 CFR 1981.101; 29 CFR 1982.101(d); 29 CFR 1983.101(h). OSHA believes this interpretation of the term “covered employee” best implements the broad statutory protections of CFPA, which aim to protect individuals who perform tasks related to the offering or provision of a consumer financial product or service from termination or any other form of retaliation resulting from their protected activity under CFPA. OSHA received no comments on this section of the IFR. In addition to the change in the Bureau's official name noted above, OSHA moved the rule of construction that a person that is a service provider shall be deemed to be a covered person to the extent that such person engages in the offering or provision of its own consumer financial product or service from the definition of “covered person” in paragraph (j) to the definition of “service provider” in paragraph (p) to better mirror the statutory definitions in 12 U.S.C. 5481.

Section 1985.102 Obligations and Prohibited Acts

This section describes the activities that are protected under CFPA and the conduct that is prohibited in response to any protected activities. As described above, CFPA protects individuals who provide information to their employer, to the Bureau, or to any other Federal, State, or local government authority or law enforcement agency relating to any violation of (or any act or omission that the employee reasonably believes to be a violation of) any provision of the Act or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau. CFPA also protects individuals who object to, or refuse to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believes to be in violation of any law, rule, order, standard, or prohibition, subject to the jurisdiction of, or enforceable by, the Bureau.

In order to have a “reasonable belief” under CFPA, a complainant must have both a subjective, good faith belief and an objectively reasonable belief that the complained-of conduct violates one of the listed categories of law. See Sylvester v. Parexel Int'l LLC, ARB No. 07-123, 2011 WL 2165854, at *11-12 (ARB May 25, 2011) (discussing the reasonable belief standard under analogous language in the Sarbanes-Oxley Act whistleblower provision, 18 U.S.C. 1514A). The requirement that the complainant have a subjective, good faith belief is satisfied so long as the complainant actually believed that the conduct complained of violated the relevant law, rule, order, standard, or prohibition. See id. The objective “reasonableness” of a complainant's belief is typically determined “based on the knowledge available to a reasonable person in the same factual circumstances with the same training and experience as the aggrieved employee.” Id. at *12 (internal quotation marks and citation omitted). However, the complainant need not show that the conduct complained of constituted an actual violation of law. Pursuant to this standard, an employee's whistleblower activity is protected where it is based on a reasonable, but mistaken, belief that a violation of the relevant law has occurred. Id. at *13.

IBC raised concerns that the scope of protected activity under this section had the potential to be so broad as to be practically unworkable. In particular, IBC was concerned that under 29 CFR 1985.102(b) covered employees are protected from reporting alleged violations of not only the federal consumer protection laws that were transferred, in whole or in part, to the Bureau, but also for violations of any law subject to the jurisdiction of, or enforceable by the Bureau, which includes the Bureau's “wide-ranging catchall authority to regulate `unfair, deceptive, or abusive practices' . . . related to the provision of consumer financial products or services.” The text of 29 CFR 1985.102(b) parallels the statutory text in 12 U.S.C. 5567(a). OSHA believes the provision accurately reflects the scope of protected activity in the statute and has made no changes in response to this comment.

Section 1985.103 Filing of Retaliation Complaint

This section explains the requirements for filing a retaliation complaint under CFPA. To be timely, a complaint must be filed within 180 days of when the alleged violation occurs. Under Delaware State College v. Ricks, 449 U.S. 250, 258 (1980), this is considered to be when the retaliatory decision has been both made and communicated to the complainant. In other words, the limitations period commences once the employee is aware or reasonably should be aware of the employer's decision to take an adverse action. Equal Emp't Opportunity Comm'n v. United Parcel Serv., Inc., 249 F.3d 557, 561-62 (6th Cir. 2001). The time for filing a complaint under CFPA may be tolled for reasons warranted by applicable case law. For example, OSHA may consider the time for filing a complaint equitably tolled if a complainant mistakenly files a complaint with an agency other than OSHA within 180 days after an alleged adverse action.

Complaints filed under CFPA need not be in any particular form. They may be either oral or in writing. If the complainant is unable to file the complaint in English, OSHA will accept the complaint in any language. With the consent of the employee, complaints may be filed by any person on the employee's behalf.

OSHA notes that a complaint of retaliation filed with OSHA under CFPA is not a formal document and need not conform to the pleading standards for complaints filed in federal district court articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). See Sylvester v. Parexel Int'l, Inc., ARB No. 07-123, 2011 WL 2165854, at *9-10 (ARB May 25, 2011) (holding that whistleblower complaints filed with OSHA under analogous provisions in the Sarbanes-Oxley Act need not conform to federal court pleading standards). Rather, the complaint filed with OSHA under this section simply alerts OSHA to the existence of the alleged retaliation and the complainant's desire that OSHA investigate the complaint. Upon receipt of the complaint, OSHA is to determine whether the “complaint, supplemented as appropriate by interviews of the complainant” alleges “the existence of facts and evidence to make a prima facie showing.” 29 CFR 1985.104(e). As explained in section 1985.104(e), if the complaint, supplemented as appropriate, contains a prima facie allegation, and the respondent does not show clear and convincing evidence that it would have taken the same action in the absence of the alleged protected activity, OSHA conducts an investigation to determine whether there is reasonable cause to believe that retaliation has occurred. See 12 U.S.C. 5567(c)(2)(B), 29 CFR 1985.104(e).

IBC commented that whistleblowers generally should be required to use employer-sponsored reporting programs as a condition of being entitled to a whistleblower award. IBC further expressed the concern that “the interim final rules do not require whistleblowers to first report internally before filing a complaint and thus, . . . many employees will bypass established internal procedures and take their concerns directly and exclusively to the DOL/OSHA.” IBC further noted that many financial institutions have developed strong internal compliance procedures to encourage employees, agents, and other company insiders to report suspected violations of applicable law, and to protect those who make such reports. These mechanisms assist financial institutions in promptly addressing violations of law and company policy. OSHA agrees with IBC that internal reporting mechanisms, particularly those that include protections of an employee's confidentiality and safeguards against retaliation, can play a constructive role in ensuring that a provider of consumer financial products and services fully complies with consumer financial protection laws and regulations. These policies can foster a culture of compliance by helping to ensure that employees feel free to come forward with concerns regarding potential violations of the law. However, CFPA protects employees regardless of whether they report internally or to a government agency. See 12 U.S.C. 5567(a) (listing activities protected under CFPA). The statute, moreover, requires employees who believe they have suffered retaliation for engaging in protected whistleblowing, to file a complaint with the Secretary of Labor within 180 days of the retaliation. See 12 U.S.C. 5567(c)(1). OSHA does not have authority to impose an internal reporting requirement as a prerequisite to filing a retaliation complaint with OSHA. Accordingly, OSHA has made no changes to this section.

Section 1985.104 Investigation

This section describes the procedures that apply to the investigation of CFPA complaints. Paragraph (a) of this section outlines the procedures for notifying the parties and the Bureau of the complaint and notifying the respondent of its rights under these regulations. Paragraph (b) describes the procedures for the respondent to submit its response to the complaint. Paragraph (c) describes OSHA's procedures for sharing a party's submissions during a whistleblower investigation with the other parties to the investigation. It has been revised to encourage the parties to provide documents to each other during the investigation and to clarify the opportunities for each party to provide information to OSHA during the investigation. Paragraph (d) of this section discusses confidentiality of information provided during investigations.

Paragraph (e) of this section sets forth the applicable burdens of proof. CFPA requires that a complainant make an initial prima facie showing that a protected activity was “a contributing factor” in the adverse action alleged in the complaint, i.e., that the protected activity, alone or in combination with other factors, affected in some way the outcome of the employer's decision. The qualifier “(i.e. a non-frivolous allegation)” has been removed from paragraph (e)(1) in order to make it consistent with other whistleblower regulations. The complainant will be considered to have met the required burden if the complaint on its face, supplemented as appropriate through interviews of the complainant, alleges the existence of facts and either direct or circumstantial evidence to meet the required showing. The complainant's burden may be satisfied, for example, if he or she shows that the adverse action took place within a temporal proximity of the protected activity, or at the first opportunity available to the respondent, giving rise to the inference that it was a contributing factor in the adverse action. See, e.g. Porter v. Cal. Dep't of Corrs., 419 F.3d 885, 895 (9th Cir. 2005) (years between the protected activity and the retaliatory actions did not defeat a finding of a causal connection where the defendant did not have the opportunity to retaliate until he was given responsibility for making personnel decisions).

If the complainant does not make the required prima facie showing, the investigation must be discontinued and the complaint dismissed. See Trimmer v. U.S. Dep't of Labor, 174 F.3d 1098, 1101 (10th Cir. 1999) (noting that the burden-shifting framework of the Energy Reorganization Act of 1974 (ERA), which is the same as that under CFPA, serves a “gatekeeping function” that “stem[s] frivolous complaints”). Even in cases where the complainant successfully makes a prima facie showing, the investigation must be discontinued if the employer demonstrates, by clear and convincing evidence, that it would have taken the same adverse action in the absence of the protected activity. Thus, OSHA must dismiss a complaint under CFPA and not investigate further if either: (1) The complainant fails to meet the prima facie showing that protected activity was a contributing factor in the adverse action; or (2) the employer rebuts that showing by clear and convincing evidence that it would have taken the same adverse action absent the protected activity.

Assuming that an investigation proceeds beyond the gatekeeping phase, the statute requires OSHA to determine whether there is reasonable cause to believe that protected activity was a contributing factor in the alleged adverse action. A contributing factor is “any factor which, alone or in connection with other factors, tends to affect in any way the outcome of the decision.” Marano v. Dep't of Justice, 2 F.3d 1137, 1140 (Fed. Cir. 1993) (internal quotation marks, emphasis and citation omitted) (discussing the Whistleblower Protection Act, 5 U.S.C. 1221(e)(1)); see also Addis v. Dep't of Labor, 575 F.3d 688, 689-91 (7th Cir. 2009) (discussing Marano as applied to analogous whistleblower provision in the ERA); Clarke v. Navajo Express, Inc., ARB No. 09-114, 2011 WL 2614326, at *3 (ARB June 29, 2011) (discussing burdens of proof under an analogous whistleblower provision in the Surface Transportation Assistance Act (STAA)). For protected activity to be a contributing factor in the adverse action, “ ‘a complainant need not necessarily prove that the respondent's articulated reason was a pretext in order to prevail,’ ” because a complainant, alternatively, can prevail by showing that the respondent's “ ‘reason, while true, is only one of the reasons for its conduct,’ ” and that another reason was the complainant's protected activity. See Klopfenstein v. PCC Flow Techs. Holdings, Inc., ARB No. 04-149, 2006 WL 3246904, at *13 (ARB May 31, 2006) (quoting Rachid v. Jack in the Box, Inc., 376 F.3d 305, 312 (5th Cir. 2004)) (discussing contributing factor test under the Sarbanes-Oxley Act of 2002 whistleblower provision), aff'd sub nom. Klopfenstein v. Admin. Review Bd., U.S. Dep't of Labor, 402 F. App'x 936, 2010 WL 4746668 (5th Cir. 2010).

If OSHA finds reasonable cause to believe that the alleged protected activity was a contributing factor in the adverse action, OSHA may not order relief if the employer demonstrates by “clear and convincing evidence” that it would have taken the same action in the absence of the protected activity. See 12 U.S.C. 5567(c)(3)(C). The “clear and convincing evidence” standard is a higher burden of proof than a “preponderance of the evidence” standard. Clear and convincing evidence is evidence indicating that the thing to be proved is highly probable or reasonably certain. Clarke, 2011 WL 2614326, at * 3.

Paragraph (f) describes the procedures OSHA will follow prior to the issuance of findings and a preliminary order when OSHA has reasonable cause to believe that a violation has occurred. Its purpose is to ensure compliance with the Due Process Clause of the Fifth Amendment, as interpreted by the Supreme Court in Brock v. Roadway Express, Inc., 481 U.S. 252 (1987) (requiring OSHA to give a STAA respondent the opportunity to review the substance of the evidence and respond, prior to ordering preliminary reinstatement). The phrase, “Before providing such materials, OSHA will redact them, if necessary, in accordance with the Privacy Act of 1974” has been changed to “Before providing such materials, OSHA will redact them, if necessary, consistent with the Privacy Act of 1974” to be consistent with OSHA's practices under other whistleblower statutes.

IBC commented on this section, noting that OSHA interprets the prima facie case requirement as allowing the complainant to meet its burden through the complaint supplemented by interviews of the complainant whereas the respondent must meet the more difficult “clear and convincing” standard. In IBC's view, this burden shifting regime is unfair and presents an unequal playing field placing the employer at a significant disadvantage.

However, as explained herein, the requirement that the complainant make a prima facie showing based on the complaint and interviews of the complainant is a threshold requirement for OSHA to conduct an investigation. The purpose of this threshold requirement is to stem frivolous complaints. Once an investigation commences, the statute requires OSHA to determine, based on all evidence submitted or developed by OSHA, whether there is reasonable cause to believe that the complaint has merit. 12 U.S.C. 5567(2)(A). In addition, even when OSHA has reasonable cause to believe that protected whistleblowing contributed to action taken against an employee, the statute states that the Secretary may not order relief if the employer demonstrates by clear and convincing evidence that it would have taken the same action in the absence of protected whistleblowing. 12 U.S.C. 5567(c)(3)(C). OSHA believes its regulations accurately reflect these statutory requirements. Apart from the changes to paragraphs (c) and (e) described above, OSHA has reworded paragraphs (a) and (f) slightly to clarify the paragraphs without changing their meaning.

Section 1985.105 Issuance of Findings and Preliminary Orders

This section provides that, on the basis of information obtained in the investigation, the Assistant Secretary will issue, within 60 days of the filing of a complaint, written findings regarding whether or not there is reasonable cause to believe that the complaint has merit. If the findings are that there is reasonable cause to believe that the complaint has merit, the Assistant Secretary will order appropriate relief, including preliminary reinstatement, affirmative action to abate the violation, back pay with interest, and compensatory damages. The findings and, where appropriate, preliminary order, advise the parties of their right to file objections to the findings of the Assistant Secretary and to request a hearing. The findings and, where appropriate, the preliminary order, also advise the respondent of the right to request an award of attorney fees not exceeding $1,000 from the ALJ, regardless of whether the respondent has filed objections, if the respondent alleges that the complaint was frivolous or brought in bad faith. If no objections are filed within 30 days of receipt of the findings, the findings and any preliminary order of the Assistant Secretary become the final decision and order of the Secretary. If objections are timely filed, any order of preliminary reinstatement will take effect, but the remaining provisions of the order will not take effect until administrative proceedings are completed.

As explained in the IFR, in ordering interest on back pay under CFPA, the Secretary has determined that interest due will be computed by compounding daily the Internal Revenue Service interest rate for the underpayment of taxes, which under 26 U.S.C. 6621 is generally the Federal short-term rate plus three percentage points. 79 FR 18635. The Secretary has long applied the interest rate in 26 U.S.C. 6621 to calculate interest on backpay in whistleblower cases. Doyle v. Hydro Nuclear Servs., ARB Nos. 99-041, 99-042, 00-012, 2000 WL 694384, at * 14-15, 17 (ARB May 17, 2000); see also Cefalu v. Roadway Express, Inc., ARB No. 09-070, 2011 WL 1247212, at * 2 (ARB Mar. 17, 2011); Pollock v. Cont'l Express, ARB Nos. 07-073, 08-051, 2010 WL 1776974, at * 8 (ARB Apr. 10, 2010); Murray v. Air Ride, Inc., ARB No. 00-045, slip op. at 9 (ARB Dec. 29, 2000). Section 6621 provides the appropriate measure of compensation under CFPA and other DOL-administered whistleblower statutes because it ensures the complainant will be placed in the same position he or she would have been in if no unlawful retaliation occurred. See Ass't Sec'y v. Double R. Trucking, Inc., ARB No. 99-061, slip op. at 5 (ARB July 16, 1999) (interest awards pursuant to § 6621 are mandatory elements of complainant's make-whole remedy). Section 6621 provides a reasonably accurate prediction of market outcomes (which represents the loss of investment opportunity by the complainant and the employer's benefit from use of the withheld money) and thus provides the complainant with appropriate make-whole relief. See EEOC v. Erie Cnty., 751 F.2d 79, 82 (2d Cir. 1984) (“[s]ince the goal of a suit under the [Fair Labor Standards Act] and the Equal Pay Act is to make whole the victims of the unlawful underpayment of wages, and since [§ 6621] has been adopted as a good indicator of the value of the use of money, it was well within” the district court's discretion to calculate prejudgment interest under § 6621); New Horizons for the Retarded, Inc., 283 N.L.R.B. No. 181, 1987 WL 89652, at * 2 (NLRB May 28, 1987) (observing that “the short-term Federal rate [used by § 6621] is based on average market yields on marketable Federal obligations and is influenced by private economic market forces”). Similarly, as explained in the IFR, daily compounding of the interest award ensures that complainants are made whole for unlawful retaliation in violation of CFPA. 79 FR 18635.

As explained in the IFR, in ordering back pay, OSHA will require the respondent to submit the appropriate documentation to the Social Security Administration allocating the back pay to the appropriate calendar quarters. Requiring the reporting of back pay allocation to the SSA serves the remedial purposes of CFPA by ensuring that employees subjected to retaliation are truly made whole. See 79 FR 18635; see also Don Chavas, LLC d/b/a Tortillas Don Chavas, 361 NLRB No. 10, 2014 WL 3897178, at * 4-5 (NLRB Aug. 8, 2014).

Finally, as noted in the IFR, in limited circumstances, in lieu of preliminary reinstatement, OSHA may order that the complainant receive the same pay and benefits that he or she received prior to termination, but not actually return to work. See 79 FR 18636. Such “economic reinstatement” is akin to an order for front pay and frequently is employed in cases arising under section 105(c) of the Federal Mine Safety and Health Act of 1977, which protects miners from retaliation. 30 U.S.C. 815(c); see, e.g., Sec'y of Labor ex rel. York v. BR&D Enters., Inc., 23 FMSHRC 697, 2001 WL 1806020, at * 1 (ALJ June 26, 2001). Front pay has been recognized as a possible remedy in cases under the whistleblower statutes enforced by OSHA in limited circumstances where reinstatement would not be appropriate. See, e.g., Luder v. Cont'l Airlines, Inc., ARB No. 10-026, 2012 WL 376755, at * 11 (ARB Jan. 31, 2012), aff'd, Cont'l Airlines, Inc. v. Admin. Rev. Bd., No. 15-60012, slip op. at 8, 2016 WL 97461, at * 4 (5th Cir. Jan. 7, 2016) (unpublished) (under Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, “front-pay is available when reinstatement is not possible”); Moder v. Vill. of Jackson, ARB Nos. 01-095, 02-039, 2003 WL 21499864, at * 10 (ARB June 30, 2003) (under environmental whistleblower statutes, “front pay may be an appropriate substitute when the parties prove the impossibility of a productive and amicable working relationship, or the company no longer has a position for which the complainant is qualified”).

IBC made two comments on this section of the rule. First, IBC expressed the view that 60 days is too short a time for OSHA to complete an investigation, and suggested that 120 days would be more appropriate. OSHA notes that the 60-day time frame for an investigation is provided for in the CFPA statute. See 12 U.S.C. 5567(2)(A). However, 60 days is often not enough time for the agency to complete a whistleblower investigation that gives the parties adequate opportunity to present their evidence to OSHA. The fact that an investigation extends beyond 60 days will not deprive OSHA of jurisdiction to complete the investigation. Cf., Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991) (finding Secretary does not lose jurisdiction over whistleblower complaint when a final decision is not issued within 120 days of completion of the hearing).

IBC also stated that the potential $1,000 penalty against complainants who submit frivolous whistleblower complaints is de minimis and will not deter such claims. In IBC's view, the rules did not provide much protection against frivolous complaints. OSHA notes that, as a protection against frivolous complaints, under 12 U.S.C. 5567(c)(3), OSHA must dismiss complaints that do not meet the prima facie allegation requirement without investigation. The $1,000 potential penalty for frivolous complaints is capped by the statute, and OSHA does not have authority to increase this penalty. See 12 U.S.C. 5567(c)(4)(C). Accordingly, OSHA has made no changes to this section in response to IBC's comments. OSHA has omitted an unnecessary abbreviation in paragraph (a)(1).

Subpart B—Litigation Section 1985.106 Objections to the Findings and the Preliminary Order and Requests for a Hearing

To be effective, objections to the findings of the Assistant Secretary must be in writing and must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, within 30 days of receipt of the findings. The date of the postmark, facsimile transmittal, or electronic communication transmittal is considered the date of the filing; if the objection is filed in person, by hand-delivery or other means, the objection is filed upon receipt. The filing of objections also is considered a request for a hearing before an ALJ. Although the parties are directed to serve a copy of their objections on the other parties of record, as well as the OSHA official who issued the findings and order, the Assistant Secretary, and the U.S. Department of Labor's Associate Solicitor for Fair Labor Standards, the failure to serve copies of the objections on the other parties of record does not affect the ALJ's jurisdiction to hear and decide the merits of the case. See Shirani v. Calvert Cliffs Nuclear Power Plant, Inc., ARB No. 04-101, 2005 WL 2865915, at * 7 (ARB Oct. 31, 2005).

The timely filing of objections stays all provisions of the preliminary order, except for the portion requiring reinstatement. A respondent may file a motion to stay the Assistant Secretary's preliminary order of reinstatement with the Office of Administrative Law Judges. However, such a motion will be granted only based on exceptional circumstances. The Secretary believes that a stay of the Assistant Secretary's preliminary order of reinstatement under CFPA would be appropriate only where the respondent can establish the necessary criteria for equitable injunctive relief, i.e., irreparable injury, likelihood of success on the merits, a balancing of possible harms to the parties, and the public interest favors a stay. If no timely objection to the Assistant Secretary's findings and/or preliminary order is filed, then the Assistant Secretary's findings and/or preliminary order become the final decision of the Secretary not subject to judicial review. OSHA received no comments on this section, and no changes were made to it.

Section 1985.107 Hearings

This section adopts the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges, as set forth in 29 CFR part 18 subpart A. This section provides that the hearing is to commence expeditiously, except upon a showing of good cause or unless otherwise agreed to by the parties. Hearings will be conducted de novo, on the record. As noted in this section, formal rules of evidence will not apply, but rules or principles designed to assure production of the most probative evidence will be applied. The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious. OSHA received no comments on this section, and no changes were made to it.

Section 1985.108 Role of Federal Agencies

The Assistant Secretary, at his or her discretion, may participate as a party or amicus curiae at any time in the administrative proceedings under CFPA. For example, the Assistant Secretary may exercise his or her discretion to prosecute the case in the administrative proceeding before an ALJ; petition for review of a decision of an ALJ, including a decision based on a settlement agreement between the complainant and the respondent, regardless of whether the Assistant Secretary participated before the ALJ; or participate as amicus curiae before the ALJ or in the ARB proceeding. Although OSHA anticipates that ordinarily the Assistant Secretary will not participate, the Assistant Secretary may choose to do so in appropriate cases, such as cases involving important or novel legal issues, multiple employees, alleged violations that appear egregious, or where the interests of justice might require participation by the Assistant Secretary. The Bureau, if interested in a proceeding, also may participate as amicus curiae at any time in the proceedings. OSHA received no comments on this section. However, OSHA has revised section (a)(2) slightly to clarify that documents must be provided to the Assistant Secretary and the Associate Solicitor for Fair Labor Standards during the litigation only upon request of OSHA, or when OSHA is participating in the proceeding, or when service on OSHA and the Associate Solicitor is otherwise required by these rules.

Section 1985.109 Decision and Orders of the Administrative Law Judge

This section sets forth the requirements for the content of the decision and order of the ALJ, and includes the standard for finding a violation under CFPA. Specifically, the complainant must demonstrate (i.e. prove by a preponderance of the evidence) that the protected activity was a “contributing factor” in the adverse action. See, e.g., Allen v. Admin. Rev. Bd., 514 F.3d 468, 475 n.1 (5th Cir. 2008) (“The term `demonstrates' [under identical burden-shifting scheme in the Sarbanes-Oxley whistleblower provision] means to prove by a preponderance of the evidence.”). If the employee demonstrates that the alleged protected activity was a contributing factor in the adverse action, the employer, to escape liability, must demonstrate by “clear and convincing evidence” that it would have taken the same action in the absence of the protected activity. See 12 U.S.C. 5567(c)(3)(C).

Paragraph (c) of this section further provides that OSHA's determination to dismiss the complaint without an investigation or without a complete investigation under section 1985.104 is not subject to review. Thus, section 1985.109(c) clarifies that OSHA's determinations on whether to proceed with an investigation under CFPA and whether to make particular investigative findings are discretionary decisions not subject to review by the ALJ. The ALJ hears cases de novo and, therefore, as a general matter, may not remand cases to OSHA to conduct an investigation or make further factual findings. Paragraph (d) notes the remedies that the ALJ may order under CFPA and, as discussed under section 1985.105 above, provides that interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily, and that the respondent will be required to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. Paragraph (e) requires that the ALJ's decision be served on all parties to the proceeding, OSHA, and the U.S. Department of Labor's Associate Solicitor for Fair Labor Standards. Paragraph (e) also provides that any ALJ decision requiring reinstatement or lifting an order of reinstatement by the Assistant Secretary will be effective immediately upon receipt of the decision by the respondent. All other portions of the ALJ's order will be effective 14 days after the date of the decision unless a timely petition for review has been filed with the ARB. If no timely petition for review is filed with the ARB, the decision of the ALJ becomes the final decision of the Secretary and is not subject to judicial review. OSHA received no comments on this section. OSHA omitted an unnecessary abbreviation from this section but has made no other changes to it.

Section 1985.110 Decision and Orders of the Administrative Review Board

Upon the issuance of the ALJ's decision, the parties have 14 days within which to petition the ARB for review of that decision. The date of the postmark, facsimile transmittal, or electronic communication transmittal is considered the date of filing of the petition; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt.

The appeal provisions in this part provide that an appeal to the ARB is not a matter of right but is accepted at the discretion of the ARB. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. The ARB has 30 days to decide whether to grant the petition for review. If the ARB does not grant the petition, the decision of the ALJ becomes the final decision of the Secretary. If a timely petition for review is filed with the ARB, any relief ordered by the ALJ, except for that portion ordering reinstatement, is inoperative while the matter is pending before the ARB. When the ARB accepts a petition for review, the ALJ's factual determinations will be reviewed under the substantial evidence standard.

This section also provides that, based on exceptional circumstances, the ARB may grant a motion to stay an ALJ's preliminary order of reinstatement under CFPA, which otherwise would be effective, while review is conducted by the ARB. The Secretary believes that a stay of an ALJ's preliminary order of reinstatement under CFPA would be appropriate only where the respondent can establish the necessary criteria for equitable injunctive relief, i.e., irreparable injury, likelihood of success on the merits, a balancing of possible harms to the parties, and the public interest favors a stay.

If the ARB concludes that the respondent has violated the law, it will issue a final order providing relief to the complainant. The final order will require, where appropriate: affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily, and the respondent will be required to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. If the ARB determines that the respondent has not violated the law, an order will be issued denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent reasonable attorney fees, not exceeding $1,000. OSHA received no comments on this section. OSHA has removed an unnecessary abbreviation from this section, but has made no other changes to it.

Subpart C—Miscellaneous Provisions Section 1985.111 Withdrawal of Complaints, Findings, Objections, and Petitions for Review; Settlement

This section provides the procedures and time periods for withdrawal of complaints, the withdrawal of findings and/or preliminary orders by the Assistant Secretary, and the withdrawal of objections to findings and/or orders. It permits complainants to withdraw their complaints orally, and provides that, in such circumstances, OSHA will confirm a complainant's desire to withdraw in writing. It also provides for approval of settlements at the investigative and adjudicative stages of the case. OSHA received no comments on this section and has made no changes to it.

Section 1985.112 Judicial Review

This section describes the statutory provisions for judicial review of decisions of the Secretary and requires, in cases where judicial review is sought, the ARB or the ALJ to submit the record of proceedings to the appropriate court pursuant to the rules of such court. OSHA received no comments on this section and has made no changes to it.

Section 1985.113 Judicial Enforcement

This section describes the Secretary's authority under CFPA to obtain judicial enforcement of orders and terms of settlement agreements. CFPA expressly authorizes district courts to enforce orders issued by the Secretary under 12 U.S.C. 5567. Specifically, the statute provides that “[i]f any person has failed to comply with a final order issued under paragraph (4), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to have occurred, or in the United States district court for the District of Columbia, to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including injunctive relief and compensatory damages.” 12 U.S.C. 5567(c)(5)(A).

All orders issued by the Secretary under 12 U.S.C. 5567 may also be enforced by any person on whose behalf an order was issued in district court, under 12 U.S.C. 5567(c)(5)(B). The Secretary interprets these provisions to grant the district court authority to enforce preliminary orders of reinstatement. Subsection (c)(2)(B) provides that the Secretary shall order the person who has committed a violation to reinstate the complainant to his or her former position (12 U.S.C. 5567(c)(2)(B)). Subsection (c)(2)(B) also instructs the Secretary to accompany any reasonable cause finding that a violation has occurred with a preliminary order containing the relief prescribed by paragraph (4)(B), which includes reinstatement, (see 12 U.S.C. 5567(c)(2)(B)). Subsection (c)(2)(C) declares that any reinstatement remedy contained in a preliminary order is not stayed upon the filing of objections. 12 U.S.C. 5567(c)(2)(C) (“The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order.”). Thus, under the statute, enforceable orders under paragraph (c)(5) include both preliminary orders issued under subsection (c)(2)(B), and final orders issued under subsection (c)(4)(A), both of which may contain the relief of reinstatement as prescribed by subsection (c)(4)(B).

This statutory interpretation is consistent with the Secretary's interpretation of similar language in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. 42121, and Section 806 of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A. See Brief for the Intervenor/Plaintiff-Appellee Secretary of Labor, Solis v. Tenn. Commerce Bancorp, Inc., No. 10-5602 (6th Cir. 2010); Solis v. Tenn. Commerce Bancorp, Inc., 713 F. Supp. 2d 701 (M.D. Tenn. 2010); but see Bechtel v. Competitive Techs., Inc., 448 F.3d 469 (2d Cir. 2006); Welch v. Cardinal Bankshares Corp., 454 F. Supp. 2d 552 (W.D. Va. 2006), (decision vacated, appeal dismissed, No. 06-2295 (4th Cir. Feb. 20, 2008)). OSHA received no comments on this section. OSHA has revised this section slightly to more closely parallel the provisions of the statute regarding the proper venue for an enforcement action.

Section 1985.114 District Court Jurisdiction of Retaliation Complaints

This section sets forth CFPA's provisions allowing a complainant to bring an original de novo action in district court, alleging the same allegations contained in the complaint filed with OSHA, under certain circumstances. CFPA permits a complainant to file an action for de novo review in the appropriate district court if there has been no final decision of the Secretary within 210 days after the date of the filing of the complaint, or within 90 days after the date of receipt of a written determination. 12 U.S.C. 5567(c)(4)(D)(i). “Written determination” refers to the Assistant Secretary's written findings issued at the close of OSHA's investigation under section 1985.105(a). See 12 U.S.C. 5567(c)(2)(A)(ii). The Secretary's final decision is generally the decision of the ARB issued under section 1985.110. In other words, a complainant may file an action for de novo review in the appropriate district court in either of the following two circumstances: (1) A complainant may file a de novo action in district court within 90 days of receiving the Assistant Secretary's written findings issued under section 1985.105(a), or (2) a complainant may file a de novo action in district court if more than 210 days have passed since the filing of the complaint and the Secretary has not issued a final decision. The plain language of 12 U.S.C. 5567(c)(4)(D)(i), by distinguishing between actions that can be brought if the Secretary has not issued a “final decision” within 210 days and actions that can be brought within 90 days after a “written determination,” supports allowing de novo actions in district court under either of the circumstances described above.

However the Secretary believes that CFPA does not permit complainants to initiate an action in federal court after the Secretary issues a final decision, even if the date of the final decision is more than 210 days after the filing of the complaint or within 90 days of the complainant's receipt of the Assistant Secretary's written findings. Thus, for example, after the ARB has issued a final decision denying a whistleblower complaint, the complainant no longer may file an action for de novo review in federal district court. The purpose of the “kick-out” provision is to aid the complainant in receiving a prompt decision. That goal is not implicated in a situation where the complainant already has received a final decision from the Secretary. In addition, permitting the complainant to file a new case in district court in such circumstances conflicts with the parties' rights to seek judicial review of the Secretary's final decision in the court of appeals. See 12 U.S.C. 5567(c)(4)(E) (providing that an order with respect to which review could have been obtained in the court of appeals shall not be subject to judicial review in any criminal or other civil proceeding).

Under CFPA, the Assistant Secretary's written findings become the final order of the Secretary, not subject to judicial review, if no objection is filed within 30 days. See 12 U.S.C. 5567(c)(2)(C). Thus, a complainant may need to file timely objections to the Assistant Secretary's findings in order to preserve the right to file an action in district court.

This section also requires that, within seven days after filing a complaint in district court, a complainant must provide a file-stamped copy of the complaint to OSHA, the ALJ, or the ARB, depending on where the proceeding is pending. In all cases, a copy of the district court complaint also must be provided to the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the U.S. Department of Labor's Associate Solicitor for Fair Labor Standards. This provision is necessary to notify OSHA that the complainant has opted to file a complaint in district court. This provision is not a substitute for the complainant's compliance with the requirements for service of process of the district court complaint contained in the Federal Rules of Civil Procedure and the local rules of the district court where the complaint is filed. The section also incorporates the statutory provisions which allow for a jury trial at the request of either party in a district court action and specify the remedies and burdens of proof in a district court action. OSHA received no comments on this section and has made no changes to it.

Section 1985.115  Special Circumstances; Waiver of Rules

This section provides that in circumstances not contemplated by these rules or for good cause the ALJ or the ARB may, upon application and notice to the parties, waive any rule as justice or the administration of CFPA requires. OSHA received no comments on this section and has made no changes to it.

IV. Paperwork Reduction Act

This rule contains a reporting provision (filing a retaliation complaint, Section 1985.103) which was previously reviewed and approved for use by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104-13). The assigned OMB control number is 1218-0236.

V. Administrative Procedure Act

The notice and comment rulemaking procedures of Section 553 of the Administrative Procedure Act (APA) do not apply “to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” 5 U.S.C. 553(b)(A). This is a rule of agency procedure, practice, and interpretation within the meaning of that section. Therefore, publication in the Federal Register of a notice of proposed rulemaking and request for comments are not required for these regulations, which provide the procedures for the handling of retaliation complaints. The Assistant Secretary, however, sought and considered comments to enable the agency to improve the rules by taking into account the concerns of interested persons.

Furthermore, because this rule is procedural and interpretative rather than substantive, the normal requirement of 5 U.S.C. 553(d) that a rule is effective 30 days after publication in the Federal Register is inapplicable. The Assistant Secretary also finds good cause to provide an immediate effective date for this final rule. It is in the public interest that the rule be effective immediately so both parties may know what procedures are applicable to pending cases.

VI. Executive Orders 12866 and 13563; Unfunded Mandates Reform Act of 1995; Executive Order 13132

The Department has concluded that this rule is not a “significant regulatory action” within the meaning of section 3(f)(4) of Executive Order 12866, as reaffirmed by Executive Order 13563, because it is not likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in Executive Order 12866. Therefore, no regulatory impact analysis under Section 6(a)(3)(C) of Executive Order 12866 has been prepared.

For this reason, and because no notice of proposed rulemaking has been published, no statement is required under Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 et seq. Finally, this rule does not have “federalism implications.” The rule does not have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government” and therefore is not subject to Executive Order 13132 (Federalism).

VII. Regulatory Flexibility Analysis

The notice and comment rulemaking procedures of Section 553 of the Administrative Procedure Act (APA) do not apply “to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” 5 U.S.C. 553(b)(A). Rules that are exempt from APA notice and comment requirements are also exempt from the Regulatory Flexibility Act (RFA). See SBA Office of Advocacy, A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act 9 (May 2012); also found at: http://www.sba.gov/sites/default/files/rfaguide_0512_0.pdf. This is a rule of agency procedure, practice, and interpretation within the meaning of that section; therefore, the rule is exempt from both the notice and comment rulemaking procedures of the APA and the requirements under the RFA.

List of Subjects in 29 CFR Part 1985

Administrative practice and procedure, Employment, Consumer financial protection, Investigations, Reporting and recordkeeping requirements, Whistleblower.

Authority and Signature

This document was prepared under the direction and control of David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health.

Signed at Washington, DC, on February 25, 2016. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

Accordingly, for the reasons set out in the preamble, 29 CFR part 1985 is revised to read as follows:

PART 1985—PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION ACT OF 2010 Subpart A—Complaints, Investigations, Findings and Preliminary Orders Sec. 1985.100 Purpose and scope. 1985.101 Definitions. 1985.102 Obligations and prohibited acts. 1985.103 Filing of retaliation complaint. 1985.104 Investigation. 1985.105 Issuance of findings and preliminary orders. Subpart B—Litigation 1985.106 Objections to the findings and the preliminary order and requests for a hearing. 1985.107 Hearings. 1985.108 Role of Federal agencies. 1985.109 Decision and orders of the administrative law judge. 1985.110 Decision and orders of the Administrative Review Board. Subpart C—Miscellaneous Provisions 1985.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement. 1985.112 Judicial review. 1985.113 Judicial enforcement. 1985.114 District court jurisdiction of retaliation complaints. 1985.115 Special circumstances; waiver of rules. Authority:

12 U.S.C. 5567; Secretary of Labor's Order No. 1-2012 (Jan. 18, 2012), 77 FR 3912 (Jan. 25, 2012); Secretary of Labor's Order No. 2-2012, 77 FR 69378 (Nov. 16, 2012).

Subpart A—Complaints, Investigations, Findings and Preliminary Orders
§ 1985.100 Purpose and scope.

(a) This Part sets forth procedures for, and interpretations of, the employee protection provision of the Consumer Financial Protection Act of 2010, Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA or the Act), Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010) (codified at 12 U.S.C. 5567). CFPA provides for employee protection from retaliation because the employee has engaged in protected activity pertaining to the offering or provision of consumer financial products or services.

(b) This part establishes procedures under CFPA for the expeditious handling of retaliation complaints filed by employees, or by persons acting on their behalf. These rules, together with those codified at 29 CFR part 18, set forth the procedures under CFPA for submission of complaints, investigations, issuance of findings and preliminary orders, objections to findings and orders, litigation before administrative law judges (ALJs), post-hearing administrative review, and withdrawals and settlements. In addition, these rules provide the Secretary's interpretations on certain statutory issues.

§ 1985.101 Definitions.

As used in this part:

(a) Affiliate means any person that controls, is controlled by, or is under common control with another person.

(b) Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health or the person or persons to whom he or she delegates authority under CFPA.

(c) Bureau means the Consumer Financial Protection Bureau.

(d) Business days means days other than Saturdays, Sundays, and Federal holidays.

(e) CFPA means Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010) (codified at 12 U.S.C. 5567).

(f) Complainant means the person who filed a CFPA complaint or on whose behalf a complaint was filed.

(g) Consumer means an individual or an agent, trustee, or representative acting on behalf of an individual.

(h) Consumer financial product or service means any financial product or service that is:

(1) Described in one or more categories in 12 U.S.C. 5481(15) and is offered or provided for use by consumers primarily for personal, family, or household purposes; or

(2) Described in clause (i), (iii), (ix), or (x) of 12 U.S.C. 5481(15)(A), and is delivered, offered, or provided in connection with a consumer financial product or service referred to in subparagraph (1).

(i) Covered employee means any individual performing tasks related to the offering or provision of a consumer financial product or service. The term “covered employee” includes an individual presently or formerly working for, an individual applying to work for, or an individual whose employment could be affected by a covered person or service provider where such individual was performing tasks related to the offering or provision of a consumer financial product or service at the time that the individual engaged in protected activity under CFPA.

(j) Covered person means —

(1) Any person that engages in offering or providing a consumer financial product or service, or

(2) Any affiliate of such a person if such affiliate acts as a service provider to such person, or

(k) Federal consumer financial law means any law described in 12 U.S.C. 5481(14).

(l) OSHA means the Occupational Safety and Health Administration of the United States Department of Labor.

(m) Person means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.

(n) Respondent means the person named in the complaint who is alleged to have violated the Act.

(o) Secretary means the Secretary of Labor or person to whom authority under CFPA has been delegated.

(p) Service provider means any person that provides a material service to a covered person in connection with the offering or provision by such covered person of a consumer financial product or service, including a person that—

(1) Participates in designing, operating, or maintaining the consumer financial product or service; or

(2) Processes transactions relating to the consumer financial product or service (other than unknowingly or incidentally transmitting or processing financial data in a manner that such data is undifferentiated from other types of data of the same form as the person transmits or processes);

(3) The term “service provider” does not include a person solely by virtue of such person offering or providing to a covered person:

(i) A support service of a type provided to businesses generally or a similar ministerial service; or

(ii) Time or space for an advertisement for a consumer financial product or service through print, newspaper, or electronic media.

(4) A person that is a service provider shall be deemed to be a covered person to the extent that such person engages in the offering or provision of its own consumer financial product or service.

(q) Any future statutory amendments that affect the definition of a term or terms listed in this section will apply in lieu of the definition stated herein.

§ 1985.102 Obligations and prohibited acts.

(a) No covered person or service provider may terminate or in any other way retaliate against, or cause to be terminated or retaliated against, including, but not limited to, intimidating, threatening, restraining, coercing, blacklisting or disciplining, any covered employee or any authorized representative of covered employees because such employee or representative, whether at the employee's initiative or in the ordinary course of the employee's duties (or any person acting pursuant to a request of the employee), engaged in any of the activities specified in paragraphs (b)(1) through (4) of this section. (b) A covered employee or authorized representative is protected against retaliation (as described in paragraph (a) of this section) by a covered person or service provider because he or she:

(1) Provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Bureau, or any other State, local, or Federal, government authority or law enforcement agency, information relating to any violation of, or any act or omission that the employee reasonably believes to be a violation of, any provision of Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010), or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;

(2) Testified or will testify in any proceeding resulting from the administration or enforcement of any provision of Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376, 1955 (July 21, 2010), or any other provision of law that is subject to the jurisdiction of the Bureau, or any rule, order, standard, or prohibition prescribed by the Bureau;

(3) Filed, instituted, or caused to be filed or instituted any proceeding under any Federal consumer financial law; or

(4) Objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any law, rule, order, standard, or prohibition subject to the jurisdiction of, or enforceable by, the Bureau.

§ 1985.103 Filing of retaliation complaint.

(a) Who may file. A person who believes that he or she has been discharged or otherwise retaliated against by any person in violation of CFPA may file, or have filed by any person on his or her behalf, a complaint alleging such retaliation.

(b) Nature of filing. No particular form of complaint is required. A complaint may be filed orally or in writing. Oral complaints will be reduced to writing by OSHA. If the complainant is unable to file the complaint in English, OSHA will accept the complaint in any language.

(c) Place of filing. The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the complainant resides or was employed, but may be filed with any OSHA officer or employee. Addresses and telephone numbers for these officials are set forth in local directories and at the following Internet address: http://www.osha.gov.

(d) Time for filing. Within 180 days after an alleged violation of CFPA occurs, any person who believes that he or she has been retaliated against in violation of the Act may file, or have filed by any person on his or her behalf, a complaint alleging such retaliation. The date of the postmark, facsimile transmittal, electronic communication transmittal, telephone call, hand-delivery, delivery to a third-party commercial carrier, or in-person filing at an OSHA office will be considered the date of filing. The time for filing a complaint may be tolled for reasons warranted by applicable case law. For example, OSHA may consider the time for filing a complaint equitably tolled if a complainant mistakenly files a complaint with an agency other than OSHA within 180 days after an alleged adverse action.

§ 1985.104 Investigation.

(a) Upon receipt of a complaint in the investigating office, OSHA will notify the respondent of the filing of the complaint, of the allegations contained in the complaint, and of the substance of the evidence supporting the complaint. Such materials will be redacted, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. OSHA will also notify the respondent of its rights under paragraphs (b) and (f) of this section and paragraph (e) of § 1985.110. OSHA will provide an unredacted copy of these same materials to the complainant (or the complainant's legal counsel if complainant is represented by counsel) and to the Bureau.

(b) Within 20 days of receipt of the notice of the filing of the complaint provided under paragraph (a) of this section, the respondent and the complainant each may submit to OSHA a written statement and any affidavits or documents substantiating its position. Within the same 20 days, the respondent and the complainant each may request a meeting with OSHA to present its position.

(c) During the investigation, OSHA will request that each party provide the other parties to the whistleblower complaint with a copy of submissions to OSHA that are pertinent to the whistleblower complaint. Alternatively, if a party does not provide its submissions to OSHA to the other party, OSHA will provide them to the other party (or the party's legal counsel if the party is represented by counsel) at a time permitting the other party an opportunity to respond. Before providing such materials to the other party, OSHA will redact them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. OSHA will also provide each party with an opportunity to respond to the other party's submissions.

(d) Investigations will be conducted in a manner that protects the confidentiality of any person who provides information on a confidential basis, other than the complainant, in accordance with part 70 of this title.

(e)(1) A complaint will be dismissed unless the complainant has made a prima facie showing that protected activity was a contributing factor in the adverse action alleged in the complaint.

(2) The complaint, supplemented as appropriate by interviews of the complainant, must allege the existence of facts and evidence to make a prima facie showing as follows:

(i) The employee engaged in a protected activity;

(ii) The respondent knew or suspected that the employee engaged in the protected activity;

(iii) The employee suffered an adverse action; and

(iv) The circumstances were sufficient to raise the inference that the protected activity was a contributing factor in the adverse action.

(3) For purposes of determining whether to investigate, the complainant will be considered to have met the required burden if the complaint on its face, supplemented as appropriate through interviews of the complainant, alleges the existence of facts and either direct or circumstantial evidence to meet the required showing, i.e., to give rise to an inference that the respondent knew or suspected that the employee engaged in protected activity and that the protected activity was a contributing factor in the adverse action. The burden may be satisfied, for example, if the complaint shows that the adverse action took place within a temporal proximity of the protected activity, or at the first opportunity available to the respondent, giving rise to the inference that it was a contributing factor in the adverse action. If the required showing has not been made, the complainant (or the complainant's legal counsel if complainant is represented by counsel) will be so notified and the investigation will not commence.

(4) Notwithstanding a finding that a complainant has made a prima facie showing, as required by this section, further investigation of the complaint will not be conducted if the respondent demonstrates by clear and convincing evidence that it would have taken the same adverse action in the absence of the complainant's protected activity.

(5) If the respondent fails to make a timely response or fails to satisfy the burden set forth in the prior paragraph, OSHA will proceed with the investigation. The investigation will proceed whenever it is necessary or appropriate to confirm or verify the information provided by the respondent.

(f) Prior to the issuance of findings and a preliminary order as provided for in § 1985.105, if OSHA has reasonable cause, on the basis of information gathered under the procedures of this part, to believe that the respondent has violated CFPA and that preliminary reinstatement is warranted, OSHA will contact the respondent (or the respondent's legal counsel if respondent is represented by counsel) to give notice of the substance of the relevant evidence supporting the complainant's allegations as developed during the course of the investigation. This evidence includes any witness statements, which will be redacted to protect the identity of confidential informants where statements were given in confidence; if the statements cannot be redacted without revealing the identity of confidential informants, summaries of their contents will be provided. The complainant will also receive a copy of the materials that must be provided to the respondent under this paragraph. Before providing such materials, OSHA will redact them, if necessary, consistent with the Privacy Act of 1974, 5 U.S.C. 552a, and other applicable confidentiality laws. The respondent will be given the opportunity to submit a written response, to meet with the investigators, to present statements from witnesses in support of its position, and to present legal and factual arguments. The respondent must present this evidence within 10 business days of OSHA's notification pursuant to this paragraph, or as soon thereafter as OSHA and the respondent can agree, if the interests of justice so require.

§ 1985.105 Issuance of findings and preliminary orders.

(a) After considering all the relevant information collected during the investigation, the Assistant Secretary will issue, within 60 days of the filing of the complaint, written findings as to whether or not there is reasonable cause to believe that the respondent has retaliated against the complainant in violation of CFPA.

(1) If the Assistant Secretary concludes that there is reasonable cause to believe that a violation has occurred, the Assistant Secretary will accompany the findings with a preliminary order providing relief to the complainant. The preliminary order will require, where appropriate: affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions and privileges of the complainant's employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The preliminary order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters.

(2) If the Assistant Secretary concludes that a violation has not occurred, the Assistant Secretary will notify the parties of that finding.

(b) The findings and, where appropriate, the preliminary order will be sent by certified mail, return receipt requested (or other means that allow OSHA to confirm receipt), to all parties of record (and each party's legal counsel if the party is represented by counsel). The findings and, where appropriate, the preliminary order will inform the parties of the right to object to the findings and/or order and to request a hearing, and of the right of the respondent to request an award of attorney fees not exceeding $1,000 from the ALJ, regardless of whether the respondent has filed objections, if the respondent alleges that the complaint was frivolous or brought in bad faith. The findings and, where appropriate, the preliminary order also will give the address of the Chief Administrative Law Judge, U.S. Department of Labor. At the same time, the Assistant Secretary will file with the Chief Administrative Law Judge a copy of the original complaint and a copy of the findings and/or order.

(c) The findings and any preliminary order will be effective 30 days after receipt by the respondent (or the respondent's legal counsel if the respondent is represented by counsel), or on the compliance date set forth in the preliminary order, whichever is later, unless an objection and/or a request for hearing has been timely filed as provided at § 1985.106. However, the portion of any preliminary order requiring reinstatement will be effective immediately upon the respondent's receipt of the findings and the preliminary order, regardless of any objections to the findings and/or the order.

Subpart B—Litigation
§ 1985.106 Objections to the findings and the preliminary order and requests for a hearing.

(a) Any party who desires review, including judicial review, of the findings and/or preliminary order, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees under CFPA, must file any objections and/or a request for a hearing on the record within 30 days of receipt of the findings and preliminary order pursuant to § 1985.105. The objections, request for a hearing, and/or request for attorney fees must be in writing and state whether the objections are to the findings, the preliminary order, and/or whether there should be an award of attorney fees. The date of the postmark, facsimile transmittal, or electronic communication transmittal is considered the date of filing; if the objection is filed in person, by hand delivery or other means, the objection is filed upon receipt. Objections must be filed with the Chief Administrative Law Judge, U.S. Department of Labor, and copies of the objections must be mailed at the same time to the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

(b) If a timely objection is filed, all provisions of the preliminary order will be stayed, except for the portion requiring preliminary reinstatement, which will not be automatically stayed. The portion of the preliminary order requiring reinstatement will be effective immediately upon the respondent's receipt of the findings and preliminary order, regardless of any objections to the order. The respondent may file a motion with the Office of Administrative Law Judges for a stay of the Assistant Secretary's preliminary order of reinstatement, which shall be granted only based on exceptional circumstances. If no timely objection is filed with respect to either the findings or the preliminary order, the findings and/or the preliminary order will become the final decision of the Secretary, not subject to judicial review.

§ 1985.107 Hearings.

(a) Except as provided in this part, proceedings will be conducted in accordance with the rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges, codified at subpart A of part 18 of this title.

(b) Upon receipt of an objection and request for hearing, the Chief Administrative Law Judge will promptly assign the case to an ALJ who will notify the parties, by certified mail, of the day, time, and place of hearing. The hearing is to commence expeditiously, except upon a showing of good cause or unless otherwise agreed to by the parties. Hearings will be conducted de novo on the record. ALJs have broad discretion to limit discovery in order to expedite the hearing.

(c) If both the complainant and the respondent object to the findings and/or order, the objections will be consolidated and a single hearing will be conducted.

(d) Formal rules of evidence will not apply, but rules or principles designed to assure production of the most probative evidence will be applied. The ALJ may exclude evidence that is immaterial, irrelevant, or unduly repetitious.

§ 1985.108 Role of Federal agencies.

(a)(1) The complainant and the respondent will be parties in every proceeding and must be served with copies of all documents in the case. At the Assistant Secretary's discretion, the Assistant Secretary may participate as a party or as amicus curiae at any time at any stage of the proceeding. This right to participate includes, but is not limited to, the right to petition for review of a decision of an ALJ, including a decision approving or rejecting a settlement agreement between the complainant and the respondent.

(2) Parties must send copies of documents to OSHA and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, only upon request of OSHA, or when OSHA is participating in the proceeding, or when service on OSHA and the Associate Solicitor is otherwise required by these rules.

(b) The Bureau, if interested in a proceeding, may participate as amicus curiae at any time in the proceeding, at the Bureau's discretion. At the request of the Bureau, copies of all documents in a case must be sent to the Bureau, whether or not it is participating in the proceeding.

§ 1985.109 Decision and orders of the administrative law judge.

(a) The decision of the ALJ will contain appropriate findings, conclusions, and an order pertaining to the remedies provided in paragraph (d) of this section, as appropriate. A determination that a violation has occurred may be made only if the complainant has demonstrated by a preponderance of the evidence that protected activity was a contributing factor in the adverse action alleged in the complaint.

(b) If the complainant has satisfied the burden set forth in the prior paragraph, relief may not be ordered if the respondent demonstrates by clear and convincing evidence that it would have taken the same adverse action in the absence of any protected activity.

(c) Neither OSHA's determination to dismiss a complaint without completing an investigation pursuant to § 1985.104(e) nor OSHA's determination to proceed with an investigation is subject to review by the ALJ, and a complaint may not be remanded for the completion of an investigation or for additional findings on the basis that a determination to dismiss was made in error. Rather, if there otherwise is jurisdiction, the ALJ will hear the case on the merits or dispose of the matter without a hearing if the facts and circumstances warrant.

(d)(1) If the ALJ concludes that the respondent has violated the law, the ALJ will issue an order that will require, where appropriate: Affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant's employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters.

(2) If the ALJ determines that the respondent has not violated the law, an order will be issued denying the complaint. If, upon the request of the respondent, the ALJ determines that a complaint was frivolous or was brought in bad faith, the ALJ may award to the respondent reasonable attorney fees, not exceeding $1,000.

(e) The decision will be served upon all parties to the proceeding, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. Any ALJ's decision requiring reinstatement or lifting an order of reinstatement by the Assistant Secretary will be effective immediately upon receipt of the decision by the respondent. All other portions of the ALJ's order will be effective 14 days after the date of the decision unless a timely petition for review has been filed with the Administrative Review Board (ARB), U.S. Department of Labor. The decision of the ALJ will become the final order of the Secretary unless a petition for review is timely filed with the ARB and the ARB accepts the petition for review.

§ 1985.110 Decision and orders of the Administrative Review Board.

(a) Any party desiring to seek review, including judicial review, of a decision of the ALJ, or a respondent alleging that the complaint was frivolous or brought in bad faith who seeks an award of attorney fees, must file a written petition for review with the ARB, which has been delegated the authority to act for the Secretary and issue final decisions under this part. The parties should identify in their petitions for review the legal conclusions or orders to which they object, or the objections may be deemed waived. A petition must be filed within 14 days of the date of the decision of the ALJ. The date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered to be the date of filing; if the petition is filed in person, by hand delivery or other means, the petition is considered filed upon receipt. The petition must be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB. Copies of the petition for review must be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

(b) If a timely petition for review is filed pursuant to paragraph (a) of this section, the decision of the ALJ will become the final order of the Secretary unless the ARB, within 30 days of the filing of the petition, issues an order notifying the parties that the case has been accepted for review. If a case is accepted for review, the decision of the ALJ will be inoperative unless and until the ARB issues an order adopting the decision, except that any order of reinstatement will be effective while review is conducted by the ARB, unless the ARB grants a motion by the respondent to stay that order based on exceptional circumstances. The ARB will specify the terms under which any briefs are to be filed. The ARB will review the factual determinations of the ALJ under the substantial evidence standard. If no timely petition for review is filed, or the ARB denies review, the decision of the ALJ will become the final order of the Secretary. If no timely petition for review is filed, the resulting final order is not subject to judicial review.

(c) The final decision of the ARB will be issued within 120 days of the conclusion of the hearing, which will be deemed to be 14 days after the decision of the ALJ, unless a motion for reconsideration has been filed with the ALJ in the interim. In such case, the conclusion of the hearing is the date the motion for reconsideration is ruled upon or 14 days after a new decision is issued. The ARB's final decision will be served upon all parties and the Chief Administrative Law Judge by mail. The final decision will also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, even if the Assistant Secretary is not a party.

(d) If the ARB concludes that the respondent has violated the law, the ARB will issue a final order providing relief to the complainant. The final order will require, where appropriate: Affirmative action to abate the violation; reinstatement of the complainant to his or her former position, together with the compensation (including back pay and interest), terms, conditions, and privileges of the complainant's employment; and payment of compensatory damages, including, at the request of the complainant, the aggregate amount of all costs and expenses (including attorney and expert witness fees) reasonably incurred. Interest on back pay will be calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will be compounded daily. The order will also require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters.

(e) If the ARB determines that the respondent has not violated the law, an order will be issued denying the complaint. If, upon the request of the respondent, the ARB determines that a complaint was frivolous or was brought in bad faith, the ARB may award to the respondent a reasonable attorney fee, not exceeding $1,000.

Subpart C—Miscellaneous Provisions
§ 1985.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.

(a) At any time prior to the filing of objections to the Assistant Secretary's findings and/or preliminary order, a complainant may withdraw his or her complaint by notifying OSHA, orally or in writing, of his or her withdrawal. OSHA then will confirm in writing the complainant's desire to withdraw and determine whether to approve the withdrawal. OSHA will notify the parties (and each party's legal counsel if the party is represented by counsel) of the approval of any withdrawal. If the complaint is withdrawn because of settlement, the settlement must be submitted for approval in accordance with paragraph (d) of this section. A complainant may not withdraw his or her complaint after the filing of objections to the Assistant Secretary's findings and/or preliminary order.

(b) The Assistant Secretary may withdraw the findings and/or preliminary order at any time before the expiration of the 30-day objection period described in § 1985.106, provided that no objection has been filed yet, and substitute new findings and/or a new preliminary order. The date of the receipt of the substituted findings or order will begin a new 30-day objection period.

(c) At any time before the Assistant Secretary's findings and/or order become final, a party may withdraw objections to the Assistant Secretary's findings and/or order by filing a written withdrawal with the ALJ. If the case is on review with the ARB, a party may withdraw a petition for review of an ALJ's decision at any time before that decision becomes final by filing a written withdrawal with the ARB. The ALJ or the ARB, as the case may be, will determine whether to approve the withdrawal of the objections or the petition for review. If the ALJ approves a request to withdraw objections to the Assistant Secretary's findings and/or order, and there are no other pending objections, the Assistant Secretary's findings and/or order will become the final order of the Secretary. If the ARB approves a request to withdraw a petition for review of an ALJ decision, and there are no other pending petitions for review of that decision, the ALJ's decision will become the final order of the Secretary. If objections or a petition for review are withdrawn because of settlement, the settlement must be submitted for approval in accordance with paragraph (d) of this section.

(d)(1) Investigative settlements. At any time after the filing of a complaint, but before the findings and/or order are objected to or become a final order by operation of law, the case may be settled if OSHA, the complainant, and the respondent agree to a settlement. OSHA's approval of a settlement reached by the respondent and the complainant demonstrates OSHA's consent and achieves the consent of all three parties.

(2) Adjudicatory settlements. At any time after the filing of objections to the Assistant Secretary's findings and/or order, the case may be settled if the participating parties agree to a settlement and the settlement is approved by the ALJ if the case is before the ALJ, or by the ARB if the ARB has accepted the case for review. A copy of the settlement will be filed with the ALJ or the ARB, as appropriate.

(e) Any settlement approved by OSHA, the ALJ, or the ARB will constitute the final order of the Secretary and may be enforced in United States district court pursuant to § 1985.113.

§ 1985.112 Judicial review.

(a) Within 60 days after the issuance of a final order under §§ 1985.109 and 1985.110, any person adversely affected or aggrieved by the order may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation allegedly occurred or the circuit in which the complainant resided on the date of the violation.

(b) A final order is not subject to judicial review in any criminal or other civil proceeding.

(c) If a timely petition for review is filed, the record of a case, including the record of proceedings before the ALJ, will be transmitted by the ARB or the ALJ, as the case may be, to the appropriate court pursuant to the Federal Rules of Appellate Procedure and the local rules of such court.

§ 1985.113 Judicial enforcement.

Whenever any person has failed to comply with a final order, including one approving a settlement agreement, issued under CFPA, the Secretary may file a civil action seeking enforcement of the order in the United States district court for the district in which the violation was found to have occurred or in the United States district court for the District of Columbia. Whenever any person has failed to comply with a preliminary order of reinstatement, or a final order, including one approving a settlement agreement, issued under CFPA, the person on whose behalf the order was issued may file a civil action seeking enforcement of the order in the appropriate United States district court.

§ 1985.114 District court jurisdiction of retaliation complaints.

(a) The complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which will have jurisdiction over such an action without regard to the amount in controversy, either:

(1) Within 90 days after receiving a written determination under § 1985.105(a) provided that there has been no final decision of the Secretary; or

(2) If there has been no final decision of the Secretary within 210 days of the filing of the complaint.

(b) At the request of either party, the action shall be tried by the court with a jury.

(c) A proceeding under paragraph (a) of this section shall be governed by the same legal burdens of proof specified in § 1985.109. The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including:

(1) Reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;

(2) The amount of back pay, with interest;

(3) Compensation for any special damages sustained as a result of the discharge or discrimination; and

(4) Litigation costs, expert witness fees, and reasonable attorney fees.

(d) Within seven days after filing a complaint in federal court, a complainant must file with OSHA, the ALJ, or the ARB, depending on where the proceeding is pending, a copy of the file-stamped complaint. In all cases, a copy of the complaint also must be served on the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

§ 1985.115 Special circumstances; waiver of rules.

In special circumstances not contemplated by the provisions of these rules, or for good cause shown, the ALJ or the ARB on review may, upon application, after three days' notice to all parties, waive any rule or issue such orders that justice or the administration of CFPA requires.

[FR Doc. 2016-05415 Filed 3-16-16; 8:45 am] BILLING CODE 4510-26-P
DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506-AB19 Financial Crimes Enforcement Network; Withdrawal of Finding Regarding JSC CredexBank AGENCY:

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

ACTION:

Withdrawal of finding.

SUMMARY:

This document withdraws FinCEN's finding that JSC CredexBank (“Credex”), renamed JSC InterPayBank (“InterPay”), is a financial institution of primary money laundering concern, pursuant to Section 311 of the USA PATRIOT Act (“Section 311”). Because of material subsequent developments that have mitigated the money laundering risks associated with Credex, FinCEN has determined that Credex is no longer a primary money laundering concern that warrants the implementation of a special measure under Section 311. Elsewhere in this issue of the Federal Register, FinCEN is publishing a withdrawal of the related notice of proposed rulemaking that would have imposed two special measures against Credex.

DATES:

The finding is withdrawn as of March 17, 2016.

FOR FURTHER INFORMATION CONTACT:

The FinCEN Resource Center at (800) 767-2825.

SUPPLEMENTARY INFORMATION:

I. Background

On October 26, 2001, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56 (the “USA PATRIOT Act,” codified at 31 U.S.C. 5318A). Title III of the USA PATRIOT Act amends the anti-money laundering provisions of the Bank Secrecy Act (“BSA”), codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5314, 5316-5332, to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism. Regulations implementing the BSA appear at 31 CFR chapter X. The authority of the Secretary of the Treasury to administer the BSA and its implementing regulations has been delegated to the Director of FinCEN.

Section 311 of the USA PATRIOT Act (“Section 311”) grants the Director of FinCEN the authority, upon finding that reasonable grounds exist for concluding that a foreign jurisdiction, foreign financial institution, class of transactions, or type of account is of “primary money laundering concern,” to require domestic financial institutions and financial agencies to take certain “special measures” to address the primary money laundering concern. The special measures enumerated under Section 311 are prophylactic safeguards that defend the U.S. financial system from money laundering and terrorist financing. FinCEN may impose one or more of these special measures in order to protect the U.S. financial system from these threats. To that end, special measures one through four, codified at 31 U.S.C. 5318A(b)(1-4), impose additional recordkeeping, information collection, and information reporting requirements on covered U.S. financial institutions. The fifth special measure, codified at 31 U.S.C. 5318A(b)(5), allows the Director to prohibit or impose conditions on the opening or maintaining of correspondent or payable-through accounts for the identified institution by U.S. financial institutions.

II. The Finding and Notice of Proposed Rulemaking A. The Finding and Notice of Proposed Rulemaking

Based upon review and analysis of relevant information, consultations with relevant Federal agencies and departments, and after consideration of the factors enumerated in Section 311, the Director of FinCEN found that reasonable grounds existed for concluding that JSC CredexBank (“Credex”) was a financial institution of primary money laundering concern, as published in the Federal Register on May 25, 2012.1 FinCEN published a notice of proposed rulemaking proposing (“NPRM”) to impose the first and fifth special measures on May 30, 2012, pursuant to the authority under 31 U.S.C. 5318A.2

1See 77 FR 31434 (May 25, 2012).

2See 77 FR 31795 (May 30, 2012) (RIN 1506-AB19).

B. Subsequent Developments

Since FinCEN's finding and related NPRM regarding Credex, material facts regarding the circumstances of the proposed rulemaking have changed. On May 8, 2015, the National Bank of the Republic of Belarus (“NBRB”), the Belarusian central bank and monetary authority with control over bank supervision and regulation, revoked the banking license of InterPay, the successor of Credex, and delisted InterPay from the list of banks published by the NBRB.3 In late January 2016, InterPay was also listed by the NBRB as being in the process of bankruptcy and liquidation.4 Because of the actions taken by the Belarusian banking authorities and the ongoing liquidation of InterPay's assets, InterPay no longer operates as a foreign financial institution.

3See Press Release, National Bank of the Republic of Belarus. About Revocation of the Banking License from `InterPayBank' Joint Stock Company. (May 8, 2015). http://www.nbrb.by/Press/?nId=101&l=en (accessed January 27, 2016); see also Press Release, National Bank of the Republic of Belarus. Register of Banking Licenses as at 27 January 2016. (January 27, 2016). http://www.nbrb.by/engl/system/register.asp (accessed January 27, 2016).

4See Press Release, National Bank of the Republic of Belarus. Information on Banks Under Bankruptcy or Liquidation in the Republic of Belarus as of 27.01.2016. (January 27, 2016). http://www.nbrb.by/engl/system/ex-banks.asp (accessed January 27, 2016).

III. Withdrawal of the Finding

For the reasons set forth above, FinCEN hereby withdraws its finding that Credex/InterPay is of primary money laundering concern, published on May 25, 2012. FinCEN's withdrawal of the finding does not acknowledge any remedial measure taken by Credex/InterPay, but results from the fact that Credex/InterPay no longer operates as a foreign financial institution.

Jamal El-Hindi, Deputy Director, Financial Crimes Enforcement Network.
[FR Doc. 2016-04412 Filed 3-16-16; 8:45 am] BILLING CODE 4810-02-P
DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation 33 CFR Part 402 [Docket No. SLSDC 2016-0003] RIN 2135-AA38 Tariff of Tolls AGENCY:

Saint Lawrence Seaway Development Corporation, DOT.

ACTION:

Final rule.

SUMMARY:

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2016 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See SUPPLEMENTARY INFORMATION.)

DATES:

This rule will become effective on March 21, 2016.

ADDRESSES:

Docket: For access to the docket to read background documents or comments received, go to http://www.Regulations.gov; or in person at the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT:

Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.

SUPPLEMENTARY INFORMATION:

The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls (Schedule of Fees and Charges in Canada) in their respective jurisdictions. A Notice of Proposed Rulemaking was published in the Federal Register on February 9, 2016. No comments were received. The joint regulations will become effective in Canada on March 21, 2016. For consistency, because these are joint regulations under international agreement, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make the U.S. version of the amendments effective on the same date.

The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising 33 CFR 402.12, “Schedule of tolls”, to reflect the fees and charges levied by the SLSMC in Canada beginning in the 2016 navigation season. With one exception, the changes affect the tolls for commercial vessels and are applicable only in Canada. The collection of tolls by the SLSDC on commercial vessels transiting the U.S. locks is waived by law (33 U.S.C. 988a(a)). Accordingly, no notice or comment is necessary on these amendments.

The SLSDC is amending 33 CFR 402.12, “Schedule of tolls”, to increase the minimum charge per vessel per lock for full or partial transit of the Seaway from $26.92 to $27.46. This charge is for vessels that are not pleasure craft or subject in Canada to the tolls under items 1 and 2 of the Tariff. This increase is due to higher operating costs at the locks.

Regulatory Notices: Privacy Act: 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.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

Regulatory Evaluation

This regulation involves a foreign affairs function of the United States and therefore Executive Order 12866 does not apply and evaluation under the Department of Transportation's Regulatory Policies and Procedures is not required.

Regulatory Flexibility Act Determination

I certify this regulation will not have a significant economic impact on a substantial number of small entities. The St. Lawrence Seaway Tariff of Tolls primarily relate to commercial users of the Seaway, the vast majority of whom are foreign vessel operators. Therefore, any resulting costs will be borne mostly by foreign vessels.

Environmental Impact

This regulation does not require an environmental impact statement under the National Environmental Policy Act (49 U.S.C. 4321, et seq.) because it is not a major federal action significantly affecting the quality of the human environment.

Federalism

The Corporation has analyzed this rule under the principles and criteria in Executive Order 13132, dated August 4, 1999, and has determined that this rule does not have sufficient federalism implications to warrant a Federalism Assessment.

Unfunded Mandates

The Corporation has analyzed this rule under Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and determined that it does not impose unfunded mandates on State, local, and tribal governments and the private sector requiring a written statement of economic and regulatory alternatives.

Paperwork Reduction Act

This regulation has been analyzed under the Paperwork Reduction Act of 1995 and does not contain new or modified information collection requirements subject to the Office of Management and Budget review.

List of Subjects in 33 CFR Part 402

Vessels, Waterways.

Accordingly, the Saint Lawrence Seaway Development Corporation is amending 33 CFR part 402, Tariff of Tolls, as follows:

PART 402—TARIFF OF TOLLS 1. The authority citation for part 402 continues to read as follows: Authority:

33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49 CFR 1.52.

2. In § 402.3, add definitions of “Gateway Incentive”, “Toll reduction”, and “Volume commitment” in alphabetical order to read as follows:
§ 402.3 Interpretation.

Gateway Incentive means a percentage reduction, as part of an incentive program, negotiated and offered on applicable cargo tolls for shipments of a specific commodity diverted to the Seaway from a competing gateway.

Toll reduction means the negotiated percentage of refund on applicable cargo tolls under the Gateway Incentive program.

Volume commitment means the negotiated annual cargo tonnage, with a minimum of 250,000 metric tons per year, a shipper must reach for the negotiated toll reduction under the Gateway Incentive to become applicable.

3. In § 402.4, revise paragraph (a) to read as follows:
§ 402.4 Tolls.

(a) Every vessel entering, passing through or leaving the Seaway shall pay a toll that is the sum of each applicable charge in § 402.12. Each charge is calculated on the description set out in column 1 of § 402.12 and the rate set out in column 2 or 3.

§§ 402.8, 402.9. 402.10, 402.11, 402.12, and 402.13 [Redesignated as §§ 402.9, 402.10, 402.11, 402.12, 402.13, and 402.14]

4. Redesignate §§ 402.8, 402.9. 402.10, 402.11, 402.12 and 402.13 as §§ 402.9, 402.10, 402.11, 402.12, 402.13 and 402.14, respectively. 5. Add § 402.8 to read as follows:
§ 402.8 Gateway Incentive.

(a) To be eligible for the Gateway Incentive, cargoes, must presently be moving between a specific origin and destination via other competing gateways.

(b) To be eligible for the refund applicable under the Gateway Incentive program, a shipper, or its representative, must:

(1) Submit an application to the Manager for the proposed movement (cargo/origin/destination) to be approved under the rules of the Gateway Incentive program;

(2) Supply to the Manager the information proving that the proposed movement is currently done via a competing gateway;

(3) Negotiate with the Manager the terms of the proposal, that is an applicable toll reduction, a volume commitment, and the duration of the proposal.

(c) The shipper, or its representative, will qualify annually for the negotiated toll reduction upon completion of the annual volume commitment during the agreed upon duration period.

(d) The Gateway Incentive applies only to movements of qualified cargoes done after the commencement date of the qualified Gateway Incentive. Movements done prior to the date of commencement of the Gateway Incentive will be ineligible for the rebate.

(e) The shipper, or its representative, will provide the Manager with a request for the Gateway Incentive refund, together with copies of any documents required to support the request, within sixty (60 days) of the close of the navigation season. Requests for refunds should be submitted to the Manager, Revenue and Forecast, who will be responsible for reviewing all documents and data and recommending the refund under the Gateway Incentive.

(f) The negotiated Gateway Incentive percentage of tolls reduction paid in respect of qualifying cargo shipped will be refunded by the Manager after the close of the navigation season, once the Manager has confirmed through the review of submitted support documents that the shipper has met the volume commitment. The SLSMC reserves the right to require the ultimate origin and destination of cargoes to validate the commitment.

6. In newly redesignated § 402.10, revise paragraph (a) to read as follows:
§ 402.10 Post-clearance date operational surcharges.

(a) Subject to paragraph (b) of this section, a vessel that reports for its final transit of the Seaway from a place set out in column 1 of § 402.12 within a period after the clearance date established by the Manager and the Corporation set out in column 2 of § 402.12 shall pay operational surcharges in the amount set out in column 3 of § 402.12, prorated on a per-lock basis.

7. Revise newly redesignated § 402.12 to read as follows:
§ 402.12 Schedule of tolls. Column 1 Item Description of charges Column 2 Rate ($) Montreal to or from Lake Ontario
  • (5 locks)
  • Column 3 Rate ($) Welland Canal—Lake Ontario to or from Lake Erie
  • (8 locks)
  • 1 Subject to item 3, for complete transit of the Seaway, a composite toll, comprising (1) a charge per gross registered ton of the ship, applicable whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to prescribed rules for measurement or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time.1 0.1061 0.1698. (2) a charge per metric ton of cargo as certified on the ship's manifest or other document, as follows: (a) bulk cargo 1.0997 0.7506. (b) general cargo 2.6498 1.2013. (c) steel slab 2.3981 0.8600. (d) containerized cargo 1.0997 0.7506. (e) government aid cargo n/a n/a. (f) grain 0.6756 0.7506. (g) coal 0.6756 0.7506. (3) a charge per passenger per lock 1.6476 1.6476. (4) a lockage charge per Gross Registered Ton of the vessel, as defined in tem 1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for transit of the Welland Canal in either direction by cargo ships, n/a 0.2827. Up to a maximum charge per vessel n/a 3,955. 2 Subject to item 3, for partial transit of the Seaway 20 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3) 13 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3). 3 Minimum charge per vessel per lock transited for full or partial transit of the Seaway 2 27.46 27.46. 4 A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 3 4 30.00 30.00. 5 Under the New Business Initiative Program, for cargo accepted as New Business, a percentage rebate on the applicable cargo charges for the approved period 20% 20%. 6 Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated based on the pre-approved maximum volume 10% 10%. 7 Under the New Service Incentive Program, for New Business cargo moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate 20% 20%. 1 Or under the US GRT for vessels prescribed prior to 2002. 2 The applicable charged under item 3 at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33U.S.C. 988a(a)). The other charges are in Canadian dollars and are for the Canadian share of tolls. 3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via paypal. 4 The applicable charge at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or $30 Canadian per lock.
    Issued at Washington, DC, on March 11, 2016. Saint Lawrence Seaway Development Corporation. Carrie Lavigne, Chief Counsel.
    [FR Doc. 2016-05950 Filed 3-16-16; 8:45 am] BILLING CODE 4910-61-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0045; FRL-9943-89-Region 7] Approval of Iowa Air Quality Implementation Plans; Withdrawal of Direct Final Rule; Polk County Board of Health Rules and Regulations, Chapter V, Revisions AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    Due to an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule to approve a state implementation plan revision submitted by the State of Iowa pertaining to the “Polk County Board of Health Rules and Regulations, Chapter V.” In the direct final rule published on February 17, 2016, we stated that if we received adverse comment by March 18, 2016, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on February 17, 2016. EPA will not institute a second comment period on this action.

    DATES:

    Effective March 17, 2016, the direct final rule published at 81 FR 7979, February 17, 2016, is withdrawn.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7039, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Due to an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule to approve a state implementation plan revision submitted by the State of Iowa pertaining to the “Polk County Board of Health Rules and Regulations, Chapter V.” In the direct final rule published on February 17, 2016, (81 FR 7979), we stated that if we received adverse comment by March 18, 2016, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment received in a subsequent final action based upon the proposed action also published on February 17, 2016, (81 FR 8030). EPA will not institute a second comment period on this action.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental relations, Incorporation by reference, Reporting and recordkeeping requirements.

    Dated: March 9, 2016. Mark Hague, Regional Administrator, Region 7. Accordingly, the direct final rule published at 81 FR 7979, February 17, 2016, is withdrawn as of March 17, 2016.
    [FR Doc. 2016-06061 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2013-0369; FRL-9943-91-OAR] RIN 2060-AS44 Protection of Stratospheric Ozone: The 2016 Critical Use Exemption From the Phaseout of Methyl Bromide; Correction AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; technical correction.

    SUMMARY:

    The Environmental Protection Agency (EPA) published a final rule in the Federal Register of October 15, 2015, issuing critical use allowances for 2016 and making non-substantive corrections to the quarantine and preshipment recordkeeping and reporting requirements. This document restores provisions that were inadvertently removed by that final rule.

    DATES:

    This rule is effective March 17, 2016.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2013-0369. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT:

    Jeremy Arling, Stratospheric Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202) 343-9055; email address [email protected] You may also visit the methyl bromide section of the Ozone Depletion Web site of EPA's Stratospheric Protection Division at www.epa.gov/ozone/mbr for further information about the methyl bromide critical use exemption, other Stratospheric Ozone Protection regulations, the science of ozone layer depletion, and related topics.

    SUPPLEMENTARY INFORMATION:

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

    Entities and categories of entities potentially regulated by this action include producers, importers, and exporters of methyl bromide; applicators and distributors of methyl bromide; and users of methyl bromide. This list is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility, company, business, or organization could be regulated by this action, you should carefully examine the regulations promulgated at 40 CFR part 82, subpart A. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding section.

    II. What does this correction do?

    In a final rule EPA published in the Federal Register of October 15, 2015, (80 FR 61985) EPA made two technical corrections to the quarantine and preshipment recordkeeping and reporting provisions in section 82.13(y) and (z). As discussed in that final rule, section 82.13(y) contained a reference to paragraph (aa) where it should reference paragraph (y). Similarly, section 82.13(z) contained a reference to paragraph (bb) where it should reference paragraph (z). That rule corrected the typographical error and was not intended to substantively change the recordkeeping and reporting requirements or the quarantine and preshipment exemption program. In making that edit, that rule inadvertently removed subparagraphs (y)(1)-(4) and (z)(1)-(2). This correction restores those subparagraphs under (y) and (z). The corrections will become effective immediately (without further rulemaking action) on March 17, 2016.

    III. Why is this correction issued as a final rule?

    Section 553(b)(B) of the Admin­is­tra­tive Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today's action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections and do not impose new requirements. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).

    This rule is subject to the rulemaking procedures in section 553 of the APA. Section 553(d) of the APA generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register. Section 553(d)(3) allows an agency, upon a finding of good cause, to make a rule effective less than 30 days after publication. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Because today's changes restore pre-existing provisions that are already familiar to affected parties, we find good cause to make these technical corrections effective immediately.

    IV. Statutory and Executive Order and Statutory Reviews

    This final rule implements a technical correction to the Code of Federal Regulations, and it does not otherwise impose or amend any requirements.

    A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060-0482. The application, recordkeeping, and reporting requirements have already been established under previous methyl bromide rulemakings.

    C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. This rule is not subject to notice and comment requirements because the Agency has invoked the APA “good cause” exemption under 5 U.S.C. 553(b).

    D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This is a technical correction to restore text that was inadvertently removed from the Code of Federal Regulations. This rule does not impose any duties or responsibilities on state governments.

    F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175. This rule does not significantly or uniquely affect the communities of Indian tribal governments nor does it impose any enforceable duties on communities of Indian tribal governments. Thus, Executive Order 13175 does not apply to this action.

    G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the Agency does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

    H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

    This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. This action does not pertain to any segment of the energy production economy nor does it regulate any manner of energy use.

    I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

    J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    EPA believes this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it affects the level of environmental protection equally for all affected populations. This is a technical correction to restore text that was inadvertently removed from the Code of Federal Regulations.

    K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States.

    Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement (5 U.S.C. 808(2)). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of March 17, 2016.

    EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register.

    List of Subjects in 40 CFR Part 82

    Environmental protection, Chemicals, Exports, Imports, Ozone depletion.

    Dated: March 10, 2014. Janet McCabe, Acting Administrator for the Office of Air and Radiation.

    For the reasons stated in the preamble, 40 CFR part 82 is amended as follows:

    PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: Authority:

    42 U.S.C. 7414, 7601, 7671-7671q.

    2. In § 82.13, revise paragraphs (y) and (z) to read as follows:
    § 82.13 Recordkeeping and reporting requirements for class I controlled substances.

    (y) Every distributor of methyl bromide (class I, Group VI controlled substances) who purchases or receives a quantity produced or imported solely for quarantine or preshipment applications under the exemptions in this subpart must comply with recordkeeping and reporting requirements specified in this paragraph (y).

    (1) Every distributor of methyl bromide must certify to the producer or importer that quantities received that were produced or imported solely for quarantine and preshipment applications under the exemptions in this subpart will be used only for quarantine applications or preshipment applications in accordance with the definitions in this subpart.

    (2) Every distributor of a quantity of methyl bromide that was produced or imported solely for quarantine or preshipment applications under the exemptions in this subpart must receive from an applicator a certification of the quantity of class I, Group VI controlled substances ordered, prior to delivery of the quantity, stating that the quantity will be used solely for quarantine or preshipment applications in accordance with definitions in this subpart.

    (3) Every distributor of methyl bromide who receives a certification from an applicator that the quantity ordered and delivered will be used solely for quarantine and preshipment applications in accordance with definitions in this subpart must maintain the certifications as records for 3 years.

    (4) Every distributor of methyl bromide who receives a certification from an applicator that the quantity ordered and delivered will be used solely for quarantine and preshipment applications in accordance with definitions in this subpart must report to the Administrator within 45 days after the end of each quarter, the total quantity delivered for which certifications were received that stated the class I, Group VI controlled substance would be used solely for quarantine and preshipment applications in accordance with definitions in this Subpart.

    (z) Every applicator of class I, Group VI controlled substances who purchases or receives a quantity produced or imported solely for quarantine and preshipment applications under the exemptions in this subpart must comply with recordkeeping and reporting requirements specified in this paragraph (z).

    (1) Recordkeeping—Applicators. Every applicator of class I, Group VI controlled substances produced or imported solely for quarantine and preshipment applications under the exemptions of this subpart must maintain, for every application, a document from the commodity owner, shipper or their agent requesting the use of class I, Group VI controlled substances citing the regulatory requirement that justifies its use in accordance with definitions in this subpart. These documents shall be retained for 3 years.

    (2) Reporting—Applicators. Every applicator of class I, Group VI controlled substances who purchases or receives a quantity of class I, Group VI controlled substance that was produced or imported solely for quarantine and preshipment applications under the exemptions in this subpart shall provide the distributor of the methyl bromide, prior to shipment of the class I, Group VI controlled substance, with a certification that the quantity of controlled substances will be used only for quarantine and preshipment applications as defined in this subpart.

    [FR Doc. 2016-06065 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8423] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

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

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4149.

    SUPPLEMENTARY INFORMATION:

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

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

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

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

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

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

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

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

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

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

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

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community
  • No.
  • Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain
  • federal assistance no longer available in SFHAs
  • Region III Pennsylvania: Adamstown, Borough of, Lancaster County 420541 December 4, 1973, Emerg; January 16, 1981, Reg; April 5, 2016, Susp April 5, 2016 April 5, 2016. Akron, Borough of, Lancaster County 422461 December 31, 1975, Emerg; December 16, 1980, Reg; April 5, 2016, Susp ......do   Do. Bart, Township of, Lancaster County 421761 June 10, 1975, Emerg; January 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Brecknock, Township of, Lancaster County 421762 July 9, 1975, Emerg; April 1, 1981, Reg; April 5, 2016, Susp ......do   Do. Caernarvon, Township of, Lancaster County 421763 April 29, 1975, Emerg; May 19, 1981, Reg; April 5, 2016, Susp ......do   Do. Christiana, Borough of, Lancaster County 420542 July 30, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Clay, Township of, Lancaster County 421764 April 29, 1975, Emerg; December 16, 1980, Reg; April 5, 2016, Susp ......do   Do. Colerain, Township of, Lancaster County 421765 September 17, 1975, Emerg; January 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Columbia, Borough of, Lancaster County 420543 March 9, 1973, Emerg; January 6, 1982, Reg; April 5, 2016, Susp ......do   Do. Conestoga, Township of, Lancaster County 420544 April 24, 1973, Emerg; March 18, 1980, Reg; April 5, 2016, Susp ......do   Do. Conoy, Township of, Lancaster County 420545 July 6, 1973, Emerg; June 4, 1980, Reg; April 5, 2016, Susp ......do   Do. Denver, Borough of, Lancaster County 420546 August 22, 1973, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Drumore, Township of, Lancaster County 421766 July 7, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Earl, Township of, Lancaster County 421767 January 13, 1975, Emerg; December 16, 1980, Reg; April 5, 2016, Susp ......do   Do. East Cocalico, Township of, Lancaster County 420547 April 24, 1974, Emerg; March 16, 1981, Reg; April 5, 2016, Susp ......do   Do. East Donegal, Township of, Lancaster County 421768 August 30, 1974, Emerg; January 16, 1980, Reg; April 5, 2016, Susp ......do   Do. East Drumore, Township of, Lancaster County 421769 August 27, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. East Earl, Township of, Lancaster County 421770 October 18, 1974, Emerg; September 4, 1987, Reg; April 5, 2016, Susp ......do   Do. East Hempfield, Township of, Lancaster County 420548 June 6, 1973, Emerg; September 28, 1979, Reg; April 5, 2016, Susp ......do   Do. East Lampeter, Township of, Lancaster County 421771 September 6, 1974, Emerg; December 16, 1980, Reg; April 5, 2016, Susp ......do   Do. East Petersburg, Borough of, Lancaster County 420549 September 27, 1974, Emerg; September 5, 1979, Reg; April 5, 2016, Susp ......do   Do. Eden, Township of, Lancaster County 421772 July 7, 1980, Emerg; December 16, 1980, Reg; April 5, 2016, Susp ......do   Do. Elizabeth, Township of, Lancaster County 421773 July 31, 1975, Emerg; September 28, 1979, Reg; April 5, 2016, Susp ......do   Do. Elizabethtown, Borough of, Lancaster County 420550 May 15, 1973, Emerg; April 17, 1978, Reg; April 5, 2016, Susp ......do   Do. Ephrata, Borough of, Lancaster County 420551 April 17, 1973, Emerg; April 1, 1981, Reg; April 5, 2016, Susp ......do   Do. Ephrata, Township of, Lancaster County 421208 May 20, 1974, Emerg; May 19, 1981, Reg; April 5, 2016, Susp ......do   Do. Fulton, Township of, Lancaster County 421774 July 11, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Lancaster, City of, Lancaster County 420552 May 12, 1972, Emerg; September 28, 1979, Reg; April 5, 2016, Susp ......do   Do. Lancaster, Township of, Lancaster County 420553 March 9, 1973, Emerg; December 18, 1979, Reg; April 5, 2016, Susp ......do   Do. Leacock, Township of, Lancaster County 420958 December 17, 1973, Emerg; March 1, 1978, Reg; April 5, 2016, Susp ......do   Do. Lititz, Borough of, Lancaster County 420554 October 6, 1972, Emerg; October 15, 1980, Reg; April 5, 2016, Susp ......do   Do. Little Britain, Township of, Lancaster County 421775 June 16, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Manheim, Borough of, Lancaster County 420555 April 19, 1973, Emerg; March 2, 1983, Reg; April 5, 2016, Susp ......do   Do. Manheim, Township of, Lancaster County 420556 July 5, 1973, Emerg; August 15, 1979, Reg; April 5, 2016, Susp ......do   Do. Manor, Township of, Lancaster County 420557 April 19, 1973, Emerg; March 18, 1980, Reg; April 5, 2016, Susp ......do   Do. Marietta, Borough of, Lancaster County 420558 July 5, 1973, Emerg; February 1, 1980, Reg; April 5, 2016, Susp ......do   Do. Martic, Township of, Lancaster County 421146 April 11, 1974, Emerg; January 16, 1980, Reg; April 5, 2016, Susp ......do   Do. Millersville, Borough of, Lancaster County 420559 November 11, 1974, Emerg; December 15, 1978, Reg; April 5, 2016, Susp ......do   Do. Mount Joy, Borough of, Lancaster County 420561 May 22, 1974, Emerg; October 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Mount Joy, Township of, Lancaster County 421776 September 20, 1974, Emerg; September 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Mountville, Borough of, Lancaster County 420560 August 5, 1975, Emerg; July 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Paradise, Township of, Lancaster County 421777 January 13, 1975, Emerg; May 19, 1981, Reg; April 5, 2016, Susp ......do   Do. Penn, Township of, Lancaster County 421778 February 5, 1975, Emerg; September 2, 1981, Reg; April 5, 2016, Susp ......do   Do. Pequea, Township of, Lancaster County 421779 January 24, 1975, Emerg; September 30, 1980, Reg; April 5, 2016, Susp ......do   Do. Providence, Township of, Lancaster County 421780 December 13, 1974, Emerg; September 30, 1981, Reg; April 5, 2016, Susp ......do   Do. Quarryville, Borough of, Lancaster County 420563 September 25, 1974, Emerg; January 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Rapho, Township of, Lancaster County 421781 June 25, 1975, Emerg; February 16, 1983, Reg; April 5, 2016, Susp ......do   Do. Sadsbury, Township of, Lancaster County 421782 July 30, 1975, Emerg; January 16, 1981, Reg; April 5, 2016, Susp ......do   Do. Salisbury, Township of, Lancaster County 421783 May 20, 1975, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. Strasburg, Borough of, Lancaster County 427790 N/A, Emerg; December 18, 2006, Reg; April 5, 2016, Susp ......do   Do. Strasburg, Township of, Lancaster County 421784 May 27, 1975, Emerg; February 4, 1981, Reg; April 5, 2016, Susp ......do   Do. Upper Leacock, Township of, Lancaster County 421785 June 19, 1975, Emerg; November 3, 1978, Reg; April 5, 2016, Susp ......do   Do. Warwick, Township of, Lancaster County 421786 July 2, 1975, Emerg; November 19, 1980, Reg; April 5, 2016, Susp ......do   Do. West Cocalico, Township of, Lancaster County 421787 August 5, 1974, Emerg; April 15, 1981, Reg; April 5, 2016, Susp ......do   Do. West Donegal, Township of, Lancaster County 421788 June 5, 1975, Emerg; July 16, 1981, Reg; April 5, 2016, Susp ......do   Do. West Earl, Township of, Lancaster County 420959 November 2, 1973, Emerg; May 19, 1981, Reg; April 5, 2016, Susp ......do   Do. West Hempfield, Township of, Lancaster County 421789 August 30, 1974, Emerg; September 5, 1979, Reg; April 5, 2016, Susp ......do   Do. West Lampeter, Township of, Lancaster County 420566 July 9, 1973, Emerg; January 2, 1981, Reg; April 5, 2016, Susp ......do   Do. Region IV Kentucky: Bullitt County, Unincorporated Areas 210273 April 11, 1989, Emerg; July 1, 1991, Reg; April 5, 2016, Susp ......do   Do. Hillview, City of, Bullitt County 210384 N/A, Emerg; November 24, 2009, Reg; April 5, 2016, Susp ......do   Do. Lebanon Junction, City of, Bullitt County 210304 February 23, 1978, Emerg; July 16, 1987, Reg; April 5, 2016, Susp ......do   Do. Shepherdsville, City of, Bullitt County 210028 June 7, 1976, Emerg; January 2, 1987, Reg; April 5, 2016, Susp ......do   Do. Region VII Kansas: Geary County, Unincorporated Areas 200579 January 8, 1979, Emerg; February 4, 1988, Reg; April 5, 2016, Susp ......do   Do. Junction City, City of, Geary County 200112 April 15, 1975, Emerg; September 29, 1978, Reg; April 5, 2016, Susp ......do   Do. Nebraska: Clarkson, City of, Colfax County 310359 December 5, 1977, Emerg; December 18, 1986, Reg; April 5, 2016, Susp ......do   Do. Colfax County, Unincorporated Areas 310426 March 31, 1978, Emerg; February 1, 1987, Reg; April 5, 2016, Susp ......do   Do. Howells, Village of, Colfax County 310380 May 22, 1978, Emerg; June 2, 1981, Reg; April 5, 2016, Susp ......do   Do. Leigh, Village of, Colfax County 310386 August 25, 1975, Emerg; July 1, 1987, Reg; April 5, 2016, Susp ......do   Do. Richland, Village of, Colfax County 310502 N/A, Emerg; March 4, 2014, Reg; April 5, 2016, Susp ......do   Do. Rogers, Village of, Colfax County 315497 November 30, 1990, Emerg; September 17, 1992, Reg; April 5, 2016, Susp ......do   Do. Schuyler, City of, Colfax County 310046 August 30, 1974, Emerg; March 5, 1990, Reg; April 5, 2016, Susp ......do   Do. Region VIII North Dakota: Bowman, City of, Bowman County 380012 September 16, 1975, Emerg; July 4, 1988, Reg; April 5, 2016, Susp ......do   Do. Bowman County, Unincorporated Areas 380355 April 3, 1978, Emerg; September 30, 1987, Reg; April 5, 2016, Susp ......do   Do. Gascoyne, City of, Bowman County 380677 April 8, 1987, Emerg; September 30, 1987, Reg; April 5, 2016, Susp ......do   Do. Scranton, City of, Bowman County 380014 August 27, 1975, Emerg; September 30, 1987, Reg; April 5, 2016, Susp ......do   Do. Region IX California: San Diego, City of, San Diego County 060295 January 29, 1971, Emerg; August 15, 1983, Reg; April 5, 2016, Susp ......do   Do. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Dated: February 11, 2016. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-05988 Filed 3-16-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8425] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

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

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4149.

    SUPPLEMENTARY INFORMATION:

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

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

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

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

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

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

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

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

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

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

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

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain federal assistance no longer available in SFHAs Region III Maryland: Aberdeen, City of, Harford County 240041 May 22, 1974, Emerg; July 16, 1981, Reg; April 19, 2016, Susp. April 19, 2016 April 19, 2016. Bel Air, Town of, Harford County 240042 January 17, 1974, Emerg; September 16, 1981, Reg; April 19, 2016, Susp. ......do *   Do. Harford County, Unincorporated Areas 240040 May 5, 1972, Emerg; March 2, 1983, Reg; April 19, 2016, Susp. ......do   Do. Havre de Grace, City of, Harford County 240043 February 26, 1975, Emerg; March 15, 1977, Reg; April 19, 2016, Susp. ......do   Do. Region V Indiana: Beech Grove, City of, Marion County 180158 October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp. ......do   Do. Indianapolis, City of, Marion County 180159 October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp. ......do   Do. Lawrence, City of, Marion County 180160 October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp. ......do   Do. Southport, City of, Marion County 180161 October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp. ......do   Do. Speedway, Town of, Marion County 180162 October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp. ......do   Do. Michigan: Chocolay, Charter Township of, Marquette County 260448 October 29, 1976, Emerg; May 4, 1987, Reg; April 19, 2016, Susp. ......do   Do. Ely, Township of, Marquette County 260449 November 9, 1981, Emerg; September 1, 1988, Reg; April 19, 2016, Susp. ......do   Do. Marquette, Charter Township of, Marquette County 260758 April 7, 1986, Emerg; December 18, 1986, Reg; April 19, 2016, Susp. ......do   Do. Marquette, City of, Marquette County 260716 April 13, 1987, Emerg; September 30, 1988, Reg; April 19, 2016, Susp. ......do   Do. Powell, Township of, Marquette County 260452 N/A, Emerg; May 4, 2006, Reg; April 19, 2016, Susp. ......do   Do. Skandia, Township of, Marquette County 260987 March 26, 1997, Emerg; N/A, Reg; April 19, 2016, Susp. ......do   Do. West Branch, Township of, Marquette County 260993 June 11, 1997, Emerg; N/A, Reg; April 19, 2016, Susp. ......do   Do. Ohio: Akron, City of, Summit County 390523 February 18, 1975, Emerg; February 18, 1981, Reg; April 19, 2016, Susp. ......do   Do. Barberton, City of, Summit County 390524 September 13, 1974, Emerg; January 16, 1981, Reg; April 19, 2016, Susp. ......do   Do. Boston Heights, Village of, Summit County 390749 November 16, 1976, Emerg; February 18, 1981, Reg; April 19, 2016, Susp. ......do   Do. Clinton, Village of, Summit County 390525 June 9, 1975, Emerg; July 2, 1980, Reg; April 19, 2016, Susp. ......do   Do. Cuyahoga Falls, City of, Summit County 390526 February 27, 1975, Emerg; February 18, 1981, Reg; April 19, 2016, Susp. ......do   Do. Fairlawn, City of, Summit County 390657 December 29, 1975, Emerg; January 16, 1981, Reg; April 19, 2016, Susp. ......do   Do. Green, City of, Summit County 390927 N/A, Emerg; May 29, 2002, Reg; April 19, 2016, Susp. ......do   Do. Hudson, City of, Summit County 390660 May 19, 1975, Emerg; September 30, 1980, Reg; April 19, 2016, Susp. ......do   Do. Lakemore, Village of, Summit County 390527 August 8, 1975, Emerg; May 25, 1978, Reg; April 19, 2016, Susp. ......do   Do. Macedonia, City of, Summit County 390750 November 11, 1976, Emerg; February 4, 1981, Reg; April 19, 2016, Susp. ......do   Do. Mogadore, Village of, Portage and Summit Counties 390528 June 11, 1975, Emerg; September 3, 1979, Reg; April 19, 2016, Susp. ......do   Do. Munroe Falls, City of, Summit County 390843 October 26, 1988, Emerg; May 16, 1994, Reg; April 19, 2016, Susp. ......do   Do. New Franklin, City of, Summit County 390993 N/A, Emerg; November 14, 2008, Reg; April 19, 2016, Susp. ......do   Do. Norton, City of, Summit County 390529 July 2, 1975, Emerg; January 16, 1981, Reg; April 19, 2016, Susp. ......do   Do. Peninsula, Village of, Summit County 390530 June 25, 1975, Emerg; March 2, 1979, Reg; April 19, 2016, Susp. ......do   Do. Reminderville, Village of, Summit County 390855 July 9, 1980, Emerg; May 17, 1990, Reg; April 19, 2016, Susp. ......do   Do. Richfield, Village of, Summit County 390083 N/A, Emerg; December 7, 2009, Reg; April 19, 2016, Susp. ......do   Do. Silver Lake, Village of, Summit County 390531 June 4, 1975, Emerg; March 16, 1981, Reg; April 19, 2016, Susp. ......do   Do. Stow, City of, Summit County 390532 November 12, 1973, Emerg; July 17, 1978, Reg; April 19, 2016, Susp. ......do   Do. Summit County, Unincorporated Areas 390781 November 21, 1975, Emerg; April 15, 1981, Reg; April 19, 2016, Susp. ......do   Do. Tallmadge, City of, Summit County 390533 June 9, 1975, Emerg; April 15, 1981, Reg; April 19, 2016, Susp. ......do   Do. Twinsburg, City of, Summit County 390534 September 18, 1973, Emerg; February 4, 1981, Reg; April 19, 2016, Susp. ......do   Do. Region VII Iowa: Churdan, City of, Greene County 190395 December 27, 1993, Emerg; November 7, 2001, Reg; April 19, 2016, Susp. ......do   Do. Farnhamville, City of, Calhoun County 190730 September 18, 1990, Emerg; July 1, 1991, Reg; April 19, 2016, Susp. ......do   Do. Greene County, Unincorporated Areas. 190869 January 27, 1994, Emerg; September 1, 1996, Reg; April 19, 2016, Susp. ......do   Do. Jefferson, City of, Greene County 190396 December 23, 1976, Emerg; September 1, 1986, Reg; April 19, 2016, Susp. ......do   Do. Knierim, City of, Calhoun County 190339 September 21, 1976, Emerg; May 1, 1987, Reg; April 19, 2016, Susp. ......do   Do. Lohrville, City of, Calhoun County 190609 November 12, 1976, Emerg; April 15, 1985, Reg; April 19, 2016, Susp. ......do   Do. Paton, City of, Greene County 190397 May 23, 1990, Emerg; September 1, 1996, Reg; April 19, 2016, Susp. ......do   Do. Rippey, City of, Greene County 190399 November 6, 1975, Emerg; April 15, 1985, Reg; April 19, 2016, Susp. ......do   Do. Rockwell City, City of, Calhoun County 190343 December 5, 1980, Emerg; February 1, 1987, Reg; April 19, 2016, Susp. ......do   Do. Somers, City of, Calhoun County 190344 March 11, 1994, Emerg; September 1, 1996, Reg; April 19, 2016, Susp. ......do   Do. Region VIII Colorado: Lamar, City of, Prowers County 080146 April 8, 1975, Emerg; November 17, 1982, Reg; April 19, 2016, Susp. ......do   Do. Prowers County, Unincorporated Areas. 080272 June 30, 1975, Emerg; July 1, 1986, Reg; April 19, 2016, Susp. ......do   Do. Wiley, Town of, Prowers County 080228 August 3, 1995, Emerg; October 6, 2000, Reg; April 19, 2016, Susp. ......do   Do. Montana: Drummond, Town of, Granite County 300033 August 4, 1977, Emerg; July 5, 1982, Reg; April 19, 2016, Susp. ......do   Do. Granite County, Unincorporated Areas. 300141 October 8, 1976, Emerg; July 5, 1982, Reg; April 19, 2016, Susp. ......do   Do. Philipsburg, Town of, Granite County 300117 April 29, 1976, Emerg; July 5, 1982, Reg; April 19, 2016, Susp. ......do   Do. North Dakota: Cavalier, City of, Pembina County 380081 June 18, 1975, Emerg; July 2, 1981, Reg; April 19, 2016, Susp. ......do   Do. Cavalier, Township of, Pembina County 380274 July 20, 1981, Emerg; July 20, 1981, Reg; April 19, 2016, Susp. ......do   Do. Drayton, City of, Pembina County 380150 April 23, 1974, Emerg; August 1, 1980, Reg; April 19, 2016, Susp. ......do   Do. Drayton, Township of, Pembina County 380276 October 6, 1982, Emerg; May 1, 1986, Reg; April 19, 2016, Susp. ......do   Do. Joliette, Township of, Pembina County 380281 January 6, 1983, Emerg; May 1, 1986, Reg; April 19, 2016, Susp. ......do   Do. Pembina, City of, Pembina County 385368 June 12, 1970, Emerg; November 2, 1977, Reg; April 19, 2016, Susp. ......do   Do. Pembina County, Unincorporated Areas. 380079 May 1, 1974, Emerg; November 19, 1987, Reg; April 19, 2016, Susp. ......do   Do. * -do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: March 2, 2016. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-05986 Filed 3-16-16; 8:45 am] BILLING CODE 9110-12-P
    81 52 Thursday, March 17, 2016 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-4225; Directorate Identifier 2015-NM-139-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model Trent 800 engines. This proposed AD was prompted by reports of damage to the upper bifurcation forward fire seal and seal deflector, and localized damage to the insulation blanket installed just aft of the fire seal. This proposed AD would require installing serviceable thrust reverser (T/R) halves on the left and right engines. We are proposing this AD to prevent a breach in the engine firewall due to a failed upper bifurcation forward fire seal. A breach could delay or prevent the fire detection and suppression system from functioning properly, and could result in an increased risk of a fire, prolonged burning, and breach of the fire zone; and could allow fire to reach unprotected areas of the engine, the strut, and wing after engine shutdown. Also, fan air bypassing the fire seal could cause localized damage to the T/R insulation blanket installed just aft of the fire seal, which could allow limited thermal degradation of the thrust reverser inner wall. This could aggravate existing damage and cause the thrust reverser's inner wall to fail.

    DATES:

    We must receive comments on this proposed AD by May 2, 2016.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4225.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4225; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-4225; Directorate Identifier 2015-NM-139-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    We received reports of damage to the upper bifurcation forward fire seal and seal deflector. The damage included cracking, wear, and missing material on the fire seal; and cracking and wear on the seal deflector. There was also a report of localized damage to the insulation blanket installed just aft of the damaged fire seal. Boeing has determined that a design deficiency is the most probable root cause for the damage to the upper bifurcation forward fire seal and seal deflector. A combination of factors including operational pressure differential and seal deflections that the system is subjected to during high thrust operation were not accounted for in the design. This design deficiency allows the upper bifurcation forward fire seal to allow air to bypass the sealing interface at the unsupported section, which, over time, damages the upper bifurcation forward fire seal and seal deflector.

    The T/R firewall seal is an integral part of the fire suppression system for the engine core compartment. A damaged upper bifurcation forward fire seal and seal deflector can result in a breach of the engine firewall and allow airflow into the engine fire zone, which can decrease the effectiveness of the engine fire detection and suppression systems due to excess fan air entering the core compartment fire zone. A breach in the engine firewall could delay or prevent the fire detection and suppression system from functioning properly, and could result in an increased risk of a fire, prolonged burning, and potential breach of the fire zone. A breach of the fire wall could allow fire to reach unprotected areas of the engine, strut, and wing after engine shutdown. Also, engine fan air bypassing the seal could cause localized damage to the T/R insulation blanket installed just aft of the fire seal, which could allow limited thermal degradation of the thrust reverser inner wall. This could aggravate existing damage and cause the thrust reverser's inner wall to fail.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, dated October 30, 2015. The service information describes procedures for installing serviceable left and right T/R halves on the left and right engines. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously.

    Differences Between This Proposed AD and the Service Information

    The service information specifies the compliance time as 1,875 days. For this proposed AD, we specified a compliance time of 60 months.

    Other Relevant Rulemaking

    We have issued additional proposed rulemaking related to the T/Rs for Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model RB211-Trent 800 engines. We issued a supplemental NPRM (SNPRM), Docket No. FAA-2011-0027, Directorate Identifier 2010-NM-127-AD, that published in the Federal Register on September 25, 2015 (80 FR 57744). The SNPRM proposes to require repetitive inspections requirements for T/R halves having a thermal protective system installed. The SNPRM also proposes to require installation of serviceable T/R halves. The SNPRM also proposes to revise the maintenance or inspection program by incorporating new airworthiness limitations.

    Costs of Compliance

    We estimate that this proposed AD affects 55 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on
  • U.S. operators
  • Install serviceable T/R halves Up to 91 work-hours × $85 per hour = $7,735 Up to $7,338 Up to $15,073 per airplane Up to $829,015.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2016-4225; Directorate Identifier 2015-NM-139-AD. (a) Comments Due Date

    We must receive comments by May 2, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model Trent 800 engines.

    (d) Subject

    Air Transport Association (ATA) of America Code 78, Engine Exhaust.

    (e) Unsafe Condition

    This AD was prompted by reports of damage to the upper bifurcation forward fire seal and seal deflector, and localized damage to the insulation blanket installed just aft of the fire seal. We are issuing this AD to prevent a breach in the engine firewall due to a failed upper bifurcation forward fire seal. A breach could delay or prevent the fire detection and suppression system from functioning properly, and could result in an increased risk of a fire, prolonged burning, and breach of the fire zone; and could allow fire to reach unprotected areas of the engine, the strut, and wing after engine shutdown. Also, fan air bypassing the seal could cause localized damage to the thrust reverser (T/R) insulation blanket installed just aft of the fire seal, which could allow limited thermal degradation of the thrust reverser inner wall. This could aggravate existing damage and cause the thrust reverser's inner wall to fail.

    (f) Compliance

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

    (g) Installation of Serviceable T/R Halves on Each Engine

    Within 60 months after the effective date of this AD: Install serviceable left and right T/R halves on the left and right engines, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, dated October 30, 2015. A serviceable T/R half is defined in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, dated October 30, 2015.

    (h) Alternative Methods of Compliance (AMOCs)

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

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

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

    (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (h)(4)(i) and (h)(4)(ii) apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

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

    (i) Related Information

    (1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email: [email protected]

    (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 9, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-05831 Filed 3-16-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-4226; Directorate Identifier 2015-NM-095-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2003-25-07 for certain Airbus Model A319 and A320 series airplanes; and AD 2005-13-39 for certain Airbus Model A321 series airplanes. AD 2003-25-07 currently requires a revision to the airplane flight manual (AFM) and replacement of both elevator aileron computers (ELACs) having L80 standards with new ELACs having L81 standards. AD 2005-13-39 currently requires a revision to the AFM, replacement of existing ELACs with ELACs having either L83 or L91 standards, as applicable; and a concurrent action. Since we issued AD 2003-25-07 and AD 2005-13-39, we have determined that new ELAC standards must be incorporated. The ELAC standards have been upgraded to version L97+, which implements enhanced angle-of-attack (AOA) monitoring to better detect AOA blockage, including multiple AOA blockages. This proposed AD would require replacing existing ELACs with new ELACs having L97+ standards or revising the software in an existing ELAC to the L97+ standards, as applicable, which would terminate the requirements of AD 2003-25-07 and AD 2005-13-39. This proposed AD would also add Airbus Model A318 series airplanes to the applicability. We are proposing this AD to prevent inadvertent activation of the AOA protections. Inadvertent activation of the AOA protections could result in a continuous nose down pitch rate that could result in reduced controllability of the airplane.

    DATES:

    We must receive comments on this proposed AD by May 2, 2016.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4226; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-4226; Directorate Identifier 2015-NM-095-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

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

    Discussion

    On December 5, 2003, we issued AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003). AD 2003-25-07 requires a revision of the AFM and replacement of both ELACs having L80 standards with new ELACs having L81 standards on Airbus Model A319 and A320 series airplanes equipped with L80 standards. The replacement of both ELACs terminates the requirement for the AFM revision.

    On June 17, 2005, we issued AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005). AD 2005-13-39 requires a revision of the AFM, a concurrent action, and replacement of existing ELACs with ELACs having L83 or L91 standards on certain Airbus Model A321 series airplanes.

    Since we issued AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003); and AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005); we have determined that new ELAC standards must be incorporated. The ELAC standard software has been updated to version L97+ and the hardware is available in a data loadable version and a non-data-loadable version.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0088R1, dated June 2, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

    The latest elevator aileron computer (ELAC) standard, L97+, implements enhanced Angle of Attack (AOA) monitoring in order to better detect cases of AOA blockage, including multiple AOA blockage.

    Two ELAC L97+ versions are currently available, Part Number (P/N) 3945129109 with data loading capability, and P/N 3945128215 without the data loading capability. Three existing [EASA] ADs requiring installation of earlier ELAC (software) have been identified and taken into account for cancellation by this new [EASA] AD.

    For the reasons described above, EASA issued AD 2015-0088, cancelling DGAC [Direction Générale de l'Aviation Civile] France AD 95-203-072 (no requirements retained) [which corresponds to FAA AD 98-09-18, Amendment 39-10499 (63 FR 23374, April 29, 1998)], and partially retaining the requirements of DGAC France AD 2001-508 [which corresponds to FAA AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003), and [DGAC] AD F-2004-147 (EASA approval ref. 2004-8601) [which corresponds to FAA AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005)], which were superseded, and to require replacement of all ELAC with ELAC L97+ standard.

    Since that [EASA] AD was issued, some errors were detected in Appendix 1 of the [EASA] AD, and one P/N ELAC was inadvertently omitted. This [EASA] AD revises EASA AD 2015-0088 to correct these errors and to add clarification to paragraph (7) [of the EASA AD].

    The required actions include either replacing existing ELACs with new ELACs having L97+ standards uploaded, or revising the software in the existing ELACs to L97+ standards. This proposed AD also adds Airbus Model A318 series airplanes to the applicability. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4226.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-27-1243, dated March 17, 2015. The service information describes procedures for replacing the existing ELACs with new ELACs having L97+ standards, and modifying existing ELACs into units with L97+ standards.

    Airbus has also issued Service Bulletin A320-27-1244, dated March 5, 2015. The service information describes procedures for modification of an airplane by replacing any existing ELAC unit with an ELAC 97+ unit having P/N 3945128215.

    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 940 airplanes of U.S. registry.

    The actions required by AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003), and retained in this proposed AD take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2003-25-07 is $85 per product.

    The actions required by AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005), and retained in this proposed AD take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2005-13-39 is $85 per product.

    We also estimate that it would take about 3 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $7,230 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $7,035,900, or $7,485 per product.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003); and AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005); and b. Adding the following new AD: Airbus: Docket No. FAA-2016-4226; Directorate Identifier 2015-NM-095-AD. (a) Comments Due Date

    We must receive comments by May 2, 2016.

    (b) Affected ADs

    This AD replaces AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003); and AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005).

    (c) Applicability

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

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

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

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

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

    (d) Subject

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

    (e) Reason

    This AD was prompted by a determination that new elevator aileron computers (ELAC) standards must be incorporated. The ELAC standards have been upgraded to version L97+, which implements enhanced angle-of-attack (AOA) monitoring to better detect AOA blockage, including multiple AOA blockages. We are issuing this AD to prevent inadvertent activation of the AOA protections. Inadvertent activation of the AOA protections could result in a continuous nose down pitch rate that could result in reduced controllability of the airplane.

    (f) Compliance

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

    (g) Retained Replacement of ELAC L80 Units With L81 Units, With No Changes

    For Model A319 and A320 series airplanes, equipped with ELAC L80 standards having part numbers listed in Airbus Service Bulletin A320-27-1135, dated June 29, 2001: This paragraph restates the requirements of paragraph (b) of AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003), with no changes. Within 1 year after January 22, 2004 (the effective date of AD 2003-25-07): Replace both ELACs having L80 standards with new ELACs having L81 standards, by doing all the actions per paragraphs A., B., C., and D. of the Accomplishment Instructions of Airbus Service Bulletin A320-27-1135, dated June 29, 2001.

    (h) Retained Installation of ELAC L83 or L91 Software, With No Changes

    For Model A321-111, -112, -131, -211, and -231 airplanes, except those with Airbus Modification 34043 installed in production: This paragraph restates the requirements of paragraph (g) of AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005), with no changes. Within 16 months after August 9, 2005 (the effective date of AD 2005-13-39): Replace existing ELACs with ELACs having L83 standards, by accomplishing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320-27-1151, dated March 9, 2004, including Appendix 01, dated March 9, 2004; or with ELACs having L91 standards, by accomplishing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320-27-1152, dated June 4, 2004, including Appendix 01, dated June 4, 2004; as applicable.

    (i) New Requirement of This AD: ELAC Replacement or Modification

    At the applicable times specified in table 1 to paragraph (i) of this AD: Replace each ELAC unit with an ELAC L97+ unit having part number (P/N) 3945129100 and software having P/N 3945129109, or modify existing ELAC units into ELAC L97+ units having P/N 3945129100 with L97+ operational software P/N 3945129109 loaded, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27-1243, dated March 17, 2015. Accomplishing this replacement terminates the actions required by paragraphs (g) and (h) of this AD.

    Table 1 to Paragraph (i) of This AD—Compliance Times Airbus airplane models Compliance time
  • (after the effective date of this AD)
  • Model A318 series airplanes with UTAS (formerly Goodrich) AOA P/N 0861ED or P/N 0861ED2 installed in all 3 positions (captain, first officer, and standby) Within 5 months. Model A319 series airplanes with UTAS (formerly Goodrich) AOA P/N 0861ED or P/N 0861ED2 installed in all 3 positions (captain, first officer, and standby) Within 10 months. Model A320 series airplanes with UTAS (formerly Goodrich) AOA P/N 0861ED or P/N 0861ED2 installed in all 3 positions (captain, first officer, and standby) Within 10 months. Model A321 series airplanes with UTAS (formerly Goodrich) AOA P/N 0861ED or P/N 0861ED2 installed in all 3 positions (captain, first officer, and standby) Within 5 months. Model A318, A319, A320, and A321 series airplanes that do not have UTAS (formerly Goodrich) AOA P/N 0861ED or P/N 0861ED2 installed in all 3 positions (captain, first officer, and standby) Within 25 months.
    (j) Optional Method of Compliance

    Modification of an airplane by replacing any existing ELAC unit with an ELAC 97+ unit having P/N 3945128215, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-27-1244, dated March 5, 2015, is an acceptable method of compliance for the requirements of paragraph (i) of this AD, for only that modified airplane. Accomplishing this modification terminates the actions required by paragraphs (g) and (h) of this AD for that modified airplane.

    Note 1 to paragraph (j) of this AD:

    ELAC unit P/N 3945128215 is not data-loadable, but it is fully interchangeable and mixable with data-loadable ELAC 97+ unit P/N 3945129100 with software P/N 3945129109 loaded.

    (k) Exclusion From Requirements of Paragraphs (g), (h), and (i), and the Actions in Paragraph (j), of This AD

    Airplanes on which Airbus Modification 156546 (installation of ELAC L97+ with software P/N 3945129109) was installed in production are excluded from the requirements of paragraphs (g), (h), and (i) of this AD and the actions specified in paragraph (j) of this AD, provided it can be determined that no ELAC having a part number identified in table 2 to paragraph (k) of this AD has been installed on that airplane since the date of issuance of the original airworthiness certificate or the date of issuance of the original export certificate of airworthiness.

    Table 2 to Paragraph (k) of This AD—Prohibited ELAC Part Numbers Part number Designation FIN 3945122202 ELAC A320-111 Type Def 2 CE 1/2. 3945122203 ELAC L50C 2 CE 1/2. 3945122303 ELAC L50C 2 CE 1/2. 3945122304 ELAC L60 2 CE 1/2. 3945122305 ELAC L61B 2 CE 1/2. 3945122306 ELAC L61F 2 CE 1/2. 3945122307 ELAC L62C 2 CE 1/2. C12370AA01 ELAC L68C 2 CE 1/2. 3945122501 ELAC L69 2 CE 1/2. 3945122502 ELAC L69J 2 CE 1/2. 3945122503 ELAC L77 2 CE 1/2. 3945122504 ELAC L78 2 CE 1/2. 3945122505 ELAC A L80 2 CE 1/2. 3945123505 ELAC A' L80 2 CE 1/2. 3945128101 ELAC B L80 2 CE 1/2. 3945122506 ELAC A L81 2 CE 1/2. 3945123506 ELAC A' L81 2 CE 1/2. 3945128102 ELAC B L81 2 CE 1/2. 3945122507 ELAC A L82 2 CE 1/2. 3945123507 ELAC A' L82 2 CE 1/2. 3945128103 ELAC B L82 2 CE 1/2. 3945122608 ELAC A L83 2 CE 1/2. 3945123608 ELAC A' L83 2 CE 1/2. 3945122609 ELAC A L84 2 CE 1/2. 3945123609 ELAC A' L84 2 CE 1/2. 3945128204 ELAC B L90L 2 CE 1/2. 3945128205 ELAC B L90N 2 CE 1/2. 3945128206 ELAC B L91 2 CE 1/2. 3945129101 ELAC B L91 data loadable 2 CE 1/2 SW1. 3945128207 ELAC B L92 2 CE 1/2. 3945128208 ELAC B L92L 2 CE 1/2. 3945128209 ELAC B L93 2 CE 1/2. 3945129103 ELAC B L93 data loadable 2 CE 1/2 SW1. 3945128210 ELAC B L94 2 CE 1/2. 3945129104 ELAC B L94 data loadable 2 CE 1/2 SW1. 3945128212 ELAC B L96 2 CE 1/2. 3945129106 ELAC B L96 data loadable 2 CE 1/2 SW1. 3945129107 ELAC B L96 H-A data loadable 2 CE 1/2 SW1. 3945128214 ELAC B L97 2 CE 1/2. 3945129108 ELAC B L97 data loadable 2 CE 1/2 SW1. (l) Later-Approved Parts

    Installation of an ELAC version (part number) approved after the effective date of this AD is an approved method of compliance with the requirements of paragraphs (i) and (j) of this AD, provided the requirements specified in paragraphs (l)(1) and (l)(2) of this AD are met.

    (1) The version (part number) must be approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

    (2) The installation must be done using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA.

    (m) Parts Installation Limitation

    As of the applicable time specified in paragraph (m)(1) or (m)(2) of this AD, do not install on any airplane an ELAC unit having a part number identified in table 2 to paragraph (k) of this AD, except as specified in paragraph (m)(3) of this AD.

    (1) For an airplane that, as of the effective date of this AD, has any ELAC unit installed having a part number identified in table 2 to paragraph (k) of this AD: After modification of that airplane as required by paragraph (i) of this AD, or as specified in paragraph (j) of this AD.

    (2) For an airplane that, as of the effective date of this AD, does not have any ELAC unit installed having a part number identified in table 2 to paragraph (k) of this AD: As of the effective date of this AD.

    (3) As of the effective date of this AD, a data-loadable ELAC B unit having a part number identified in table 2 to paragraph (k) of this AD can be installed on an airplane provided that L97+ software P/N 3945129109 is uploaded at the applicable time specified in paragraph (m)(3)(i) or (m)(3)(ii) of this AD.

    (i) For all airplanes except those identified in paragraph (m)(3)(ii) of this AD: Before further flight after the ELAC B unit installation.

    (ii) For airplanes that have not been modified as required by paragraph (i) of this AD: Within the applicable compliance time specified in table 1 to paragraph (i) of this AD.

    (n) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch send it to ATTN: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149. Information may be emailed to: [email protected]

    (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (ii) AMOCs approved previously for AD 2003-25-07, Amendment 39-13390 (68 FR 70431, December 18, 2003), are approved as AMOCs for the corresponding provisions of paragraph (g) of this AD.

    (iii) AMOCs approved previously for AD 2005-13-39, Amendment 39-14176 (70 FR 38580, July 5, 2005), are approved as AMOCs for the corresponding provisions of paragraph (h) of this AD.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.

    (o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0088R1, dated June 2, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-4226.

    (2) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 9, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-05830 Filed 3-16-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506-AB19 Financial Crimes Enforcement Network; Withdrawal of Notice of Proposed Rulemaking Regarding JSC CredexBank AGENCY:

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

    ACTION:

    Proposed rule; withdrawal.

    SUMMARY:

    This document withdraws FinCEN's proposed rulemaking to impose the first and fifth special measure regarding JSC CredexBank (“Credex”), renamed JSC InterPayBank (“InterPay”), as a financial institution of primary money laundering concern, pursuant to Section 311 of the USA PATRIOT Act (“Section 311”).

    Because of material subsequent developments that have mitigated the money laundering risks associated with Credex, FinCEN has determined that Credex is no longer a primary money laundering concern that warrants the implementation of a special measure under Section 311. Elsewhere in this issue of the Federal Register, FinCEN is publishing a withdrawal of the related finding regarding Credex.

    DATES:

    As of March 17, 2016 the proposed rule published May 30, 2012, at 77 FR 31794, is withdrawn.

    FOR FURTHER INFORMATION CONTACT:

    The FinCEN Resource Center at (800) 767-2825.

    SUPPLEMENTARY INFORMATION:

    I. Background

    On October 26, 2001, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56 (the “USA PATRIOT Act”). Title III of the USA PATRIOT Act amends the anti-money laundering provisions of the Bank Secrecy Act (“BSA”), codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5314, 5316-5332, to promote the prevention, detection, and prosecution of money laundering, tax evasion, the financing of terrorism, and other financial crimes. Regulations implementing the BSA appear at 31 CFR Chapter X. The authority of the Secretary of the Treasury to administer the BSA and its implementing regulations has been delegated to the Director of FinCEN.

    Section 311 of the USA PATRIOT Act (“Section 311”), codified at 31 U.S.C. 5318A), grants the Director of FinCEN the authority, upon finding that reasonable grounds exist for concluding that a foreign jurisdiction, foreign financial institution, class of transactions, or type of account is of “primary money laundering concern,” to require domestic financial institutions and financial agencies to take certain “special measures” to address the primary money laundering concern. The special measures enumerated under Section 311 are prophylactic safeguards that defend the U.S. financial system from money laundering and terrorist financing. FinCEN may impose one or more of these special measures in order to protect the U.S. financial system from these threats. To that end, special measures one through four, codified at 31 U.S.C. 5318A(b)(1-4), impose additional recordkeeping, information collection, and information reporting requirements on covered U.S. financial institutions. The fifth special measure, codified at 31 U.S.C. 5318A(b)(5), allows the Director to prohibit or impose conditions on the opening or maintaining of correspondent or payable-through accounts for the identified institution by U.S. financial institutions.

    II. The Finding and Notice of Proposed Rulemaking A. The Finding and Notice of Proposed Rulemaking

    Based upon review and analysis of relevant information, consultations with relevant Federal agencies and departments, and after consideration of the factors enumerated in Section 311, the Director of FinCEN found that reasonable grounds existed for concluding that JSC CredexBank (“Credex”) was a financial institution of primary money laundering concern.1 FinCEN published a notice of proposed rulemaking proposing to impose the first and fifth special measures on May 30, 2012, pursuant to the authority under 31 U.S.C. 5318A.2

    1See 77 FR 31434 (May 25, 2012).

    2See 77 FR 31794 (May 30, 2012) (RIN 1506-AB19).

    B. Subsequent Developments

    Since FinCEN's notice of proposed rulemaking regarding Credex, material facts regarding the circumstances of the proposed rulemaking have changed. On May 8, 2015, the National Bank of the Republic of Belarus (“NBRB”), the Belarusian central bank and monetary authority with control over bank supervision and regulation, revoked the banking license of InterPay, the successor of Credex, and delisted InterPay from the list of banks published by the NBRB.3 In late January 2016, InterPay was also listed by the NBRB as being in the process of bankruptcy and liquidation.4 Because of the actions taken by the Belarusian banking authorities and the ongoing liquidation of InterPay's assets, InterPay no longer operates as a foreign financial institution.

    3See Press Release, National Bank of the Republic of Belarus. About Revocation of the Banking License from `InterPayBank' Joint Stock Company. (May 8, 2015). http://www.nbrb.by/Press/?nId=101&l=en (accessed January 27, 2016); see also Press Release, National Bank of the Republic of Belarus. Register of Banking Licenses as at 27 January 2016. (January 27, 2016). http://www.nbrb.by/engl/system/register.asp (accessed January 27, 2016).

    4See Press Release, National Bank of the Republic of Belarus. Information on Banks Under Bankruptcy or Liquidation in the Republic of Belarus as of 27.01.2016. (accessed January 27, 2016). http://www.nbrb.by/engl/system/ex-banks.asp (accessed January 27, 2016).

    III. Withdrawal of the Proposed Rule

    For the reasons set forth above, FinCEN hereby withdraws the May 30, 2012 proposed rule proposing to impose the first and fifth special measure authorized by 31 U.S.C. 5318A(b)(5) regarding Credex/InterPay. FinCEN's withdrawal of the proposed rule does not acknowledge any remedial measure taken by Credex/InterPay, but results from the fact that Credex/InterPay no longer operates as a foreign financial institution.

    Jamal El-Hindi, Deputy Director, Financial Crimes Enforcement Network.
    [FR Doc. 2016-04413 Filed 3-16-16; 8:45 am] BILLING CODE 4810-02-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648-XE502 New England 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 New England Fishery Management Council (Council) is scheduling a public meeting of its Whiting Committee on April 5, 2016, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Tuesday, April 5, 2016, at 10 a.m.

    ADDRESSES:

    The meeting will be held at the Hilton Garden, 1 Thurber Street, Warwick, RI 02886; telephone: (401) 734-9600; fax: (401) 734-9700.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Agenda

    The Committee will evaluate options for limited access qualification criteria for Amendment 22. They will discuss other potential measures that could reduce the risk that catches exceed Annual Catch Limits for `choke' species, including but not limited to Georges Bank yellowtail flounder and northern red hake. The Committee will also discuss other business as necessary.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 14, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-06048 Filed 3-16-16; 8:45 am] BILLING CODE 3510-22-P
    81 52 Thursday, March 17, 2016 Notices DEPARTMENT OF AGRICULTURE Forest Service Hiawatha East Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The Hiawatha East Resource Advisory Committee (RAC) will meet in Kincheloe, Michigan. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcwPAAS.

    DATES:

    The meeting will be held on April 14, 2016, at 5:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under For Further Information Contact.

    ADDRESSES:

    The meeting will be held at Chippewa County 911 Center, 4657 West Industrial Park Drive, Kincheloe, Michigan.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Hiawatha National Forest Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Janel Crooks, RAC Coordinator, by phone at 906-428-5800 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Provide updates regarding implementation of past projects;

    2. Review the role of the RAC, especially for new members;

    3. Review and discuss proposals; and

    4. Vote to recommend proposals to the Deciding Federal Official.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by April 1, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Hiawatha National Forest; Attention: RAC; 820 Rains Drive, Gladstone, Michigan 49837; by email to [email protected]s; or via facsimile to 906-428-9030.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: February 26, 2016. Robert West, District Ranger.
    [FR Doc. 2016-06013 Filed 3-16-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service Hiawatha East Resource Advisory Committee AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meetings.

    SUMMARY:

    The Hiawatha East Resource Advisory Committee (RAC) will meet in Kincheloe, Michigan. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act. RAC information can be found at the following Web site: http://cloudapps-usda-gov.force.com/FSSRS/RAC_Page?id=001t0000002JcwPAAS.

    DATES:

    The meeting will be held on April 21, 2016, at 5:00 p.m.

    All RAC meetings are subject to cancellation. For status of meeting prior to attendance, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    ADDRESSES:

    The meeting will be held at Chippewa County 911 Center, 4657 West Industrial Park Drive, Kincheloe, Michigan.

    Written comments may be submitted as described under SUPPLEMENTARY INFORMATION. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at Hiawatha National Forest Supervisor's Office. Please call ahead to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Janel Crooks, RAC Coordinator, by phone at 906-428-5800 or via email at [email protected]

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to:

    1. Provide updates regarding implementation of past projects;

    2. Review the role of the RAC, especially for new members;

    3. Review and discuss proposals; and

    4. Vote to recommend proposals to the Deciding Federal Official.

    The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by April 1, 2016, to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Hiawatha National Forest; Attention: RAC; 820 Rains Drive, Gladstone, Michigan 49837; by email to [email protected]; or via facsimile to 906-428-9030.

    Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices, or other reasonable accommodation. For access to the facility or proceedings, please contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis.

    Dated: February 26, 2016. Robert West, District Ranger.
    [FR Doc. 2016-06014 Filed 3-16-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2016-0002] Notice of Meeting of the Agricultural Air Quality Task Force AGENCY:

    Natural Resources Conservation Service, Department of Agriculture.

    ACTION:

    Notice of Meeting.

    SUMMARY:

    The U.S. Department of Agriculture (USDA) Agricultural Air Quality Task Force (AAQTF) will meet for discussions on critical air quality issues relating to agriculture. Special emphasis will be placed on obtaining a greater understanding about the relationship between agricultural production and air quality. The meeting is open to the public, and a draft agenda is included in this notice.

    DATES:

    The meeting will convene at 8:00 a.m. EDT on Wednesday and Thursday April 6-7, 2016. A public comment period will be held on the morning of April 7. The meeting will end at approximately 3:00 p.m. on April 7.

    ADDRESSES:

    The meeting will be held at the DoubleTree Hilton Hotel, 300 Army Navy Drive, Arlington, Virginia 22202.

    FOR FURTHER INFORMATION CONTACT:

    Questions and comments should be directed to Dr. Greg Johnson, Designated Federal Official, USDA, NRCS, 1201 Lloyd Boulevard, Suite 800, Portland Oregon 97232; telephone: (503) 273-2424; fax: (503) 273-2401; or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2. Additional information concerning AAQTF, including revised agendas for the April 6-7, 2016 meeting that occurs after this Federal Register Notice is published, may be viewed at: www.nrcs.usda.gov/wps/portal/nrcs/detail/national/air/taskforce

    Draft Agenda Meeting of the AAQTF April 6-7, 2016 Arlington, Virginia A. Welcome remarks and introductions B. U.S. Department of Agriculture (USDA) and the Environmental Protection Agency (EPA) Leadership Remarks C. AAQTF Charge, History and Direction D. Federal Advisory Committee Rules and Guidelines E. USDA Climate Change Building Blocks, Greenhouse Gas Mitigation, and US Agriculture F. Update on agricultural air quality regulatory issues at the EPA G. Updates from USDA agencies (Forest Service, NRCS, National Institute of Food and Agriculture, and Agricultural Research Service) H. AAQTF Subcommittee Formation and Break Out Sessions I. Agricultural Air Quality Issues and Solutions J. Ammonia Emissions Measurement and Modeling, and USDA-EPA Collaboration K. Public Input (Individual presentations limited to 5 minutes)

    Please note that the timing of events in the agenda is subject to change to accommodate changing schedules of expected speakers and or extended discussions.

    Procedural

    This meeting is open to the public. On April 7, 2016, the public will have an opportunity to provide up to 5 minutes of input to the AAQTF.

    Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please contact Greg Johnson (contact information listed above). USDA prohibits discrimination in its programs and activities on the basis of race, color, national origin, gender, religion, age, sexual orientation, or disability. Additionally, discrimination on the basis of political beliefs and marital or family status is also prohibited by statutes enforced by USDA. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternate means for communication of program information (Braille, large print, audio tape, etc.) should contact the USDA's Target Center at (202) 720-2000 (voice and TDD).

    Signed this 10th day of March 2016, in Washington, DC Jason A. Weller, Chief.
    [FR Doc. 2016-06078 Filed 3-16-16; 8:45 am] BILLING CODE 3410-16-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Inviting Applications for the Rural Business Development Grant Program To Provide Technical Assistance for Rural Transportation Systems AGENCY:

    Rural Business-Cooperative Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice is to invite applications for grants to provide technical assistance for rural transportation (RT) systems under the Rural Business Development Grant (RBDG) program for fiscal year (FY) 2016. Funding shall be made available to qualified national organizations to provide technical assistance for RT systems and for RT systems to Federally Recognized Native American Tribes' (FRNAT) (collectively “Programs”) from funds appropriated for the RBDG program. The Rural Business-Cooperative Service (RBS) will administer these awards for FY 2016 under the RBDG program and the Consolidated Farm and Rural Development Act. This notice is subject to the terms and funds for the Programs made available in the Consolidated Appropriations Act, 2016 (Pub. L. 114-113) (FY 2016 appropriation).

    All applicants are responsible for any expenses incurred in developing their applications.

    DATES:

    Completed applications must be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) on March 31, 2016. Applications received at a USDA Rural Development State Office after this date will not be considered for FY 2016 funding.

    ADDRESSES:

    Submit applications in paper format to the USDA Rural Development State Office for the State where the project is located. A list of the USDA Rural Development State Office contacts can be found at: http://www.rurdev.usda.gov/StateOfficeAddresses.html.

    FOR FURTHER INFORMATION CONTACT:

    Cindy Mason and Kristi Kubista-Hovis, Specialty Programs Division, Business Programs, Rural Business-Cooperative Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., MS 3226, Room 4204-South, Washington, DC 20250-3226, or call 202-720-1400. For further information on this notice, please contact the USDA Rural Development State Office in the State in which the applicant's headquarters is located.

    SUPPLEMENTARY INFORMATION: Overview

    Solicitation Opportunity Title: Rural Business Development Grants.

    Announcement Type: Initial Announcement.

    Catalog of Federal Domestic Assistance Number: 10.351.

    Dates: Completed applications must be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) on March 31, 2016, to be eligible for FY 2016 grant funding. Applications received after this date will not be eligible for FY 2016 grant funding.

    A. Program Description

    1. Purpose of the Program. The purpose of this program is to improve the economic conditions of rural areas.

    2. Statutory Authority. This program is authorized under section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Regulations are contained in 7 CFR part 4280, subpart E. The program is administered on behalf of RBS at the State level by the USDA Rural Development State Offices. Assistance provided to rural areas under the program may include the provision of on-site technical assistance to local and regional governments, public transit agencies, and related non-profit and for-profit organizations in rural areas; the development of training materials; and the provision of necessary training assistance to local officials and agencies in rural areas.

    Awards under the RBDG passenger transportation program will be made on a competitive basis using specific selection criteria contained in 7 CFR part 4280, subpart E, and in accordance with section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Information required to be in the application package includes Standard Form (SF) 424, “Application for Federal Assistance;” RD 1940-20, “Request for Environmental Information;” Scope of Work Narrative; Income Statement; Balance Sheet or Audit for previous 3 years; AD-1047, “Debarment/Suspension Certification;” AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion;” AD-1049, “Certification Regarding Drug-Free Workplace Requirements;” SF LLL, “Disclosure of Lobbying Activities;” RD 400-1, “Equal Opportunity Agreement;” RD 400-4, “Assurance Agreement;” and a letter stating Board authorization to obtain assistance. For the FRNAT grant, which must benefit FRNATs, at least 75 percent of the benefits of the project must be received by members of FRNATs. The project that scores the greatest number of points based on the RBDG selection criteria and the discretionary points will be selected for each grant.

    Applicants must be qualified national non-profit organizations with experience in providing technical assistance and training to rural communities nationwide for the purpose of improving passenger transportation service or facilities. To be considered “national,” RBS requires a qualified organization to provide evidence that it operates RT assistance programming Nation-wide. There is not a requirement to use the grant funds in a multi-State area. Grants will be made to qualified national non-profit organizations for the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities.

    3. Definition of Terms. The definitions applicable to this notice are published at 7 CFR 4280.403.

    4. Application Awards. The Agency will review, evaluate, and score applications received in response to this notice based on the provisions in 7 CFR 4280, subpart E and as indicated in this notice. However, the Agency advises all interested parties that the applicant bears the burden in preparing and submitting an application in response to this notice.

    B. Federal Award Information

    Type of Award: Grants.

    Fiscal Year Funds: FY 2016.

    Approximate Number of Awards: To be determined based on qualified applications received. Historically two awards have been made.

    Expected Amounts of Individual Awards and Amount of Funding per Federal Award: $500,000 and $250,000 depending on the number of applicants.

    Maximum Awards: A total of $500,000 will be awarded for technical assistance for rural transportation systems and a maximum of $250,000 for FRNATs.

    Award Date: Prior to September 30, 2016.

    Performance Period: October 1, 2016, through September 30, 2017.

    Renewal or Supplemental Awards: None.

    C. Eligibility Information 1. Eligible Applicants

    To be considered eligible, an entity must be a qualified national non-profit organization serving rural areas as evidenced in its organizational documents and demonstrated experience, per 7 CFR part 4280, subpart E. Grants will be competitively awarded to qualified national non-profit organizations.

    The Agency requires the following information to make an eligibility determination that an applicant is a national non-profit organization. These applications must include, but are not limited to, the following:

    (a) An original and one copy of SF 424, “Application for Federal Assistance (For Non-construction);”

    (b) Copies of applicant's organizational documents showing the applicant's legal existence and authority to perform the activities under the grant;

    (c) A proposed scope of work, including a description of the proposed Project, details of the proposed activities to be accomplished and timeframes for completion of each task, the number of months duration of the Project, and the estimated time it will take from grant approval to beginning of Project implementation;

    (d) A written narrative that includes, at a minimum, the following items:

    (i) An explanation of why the Project is needed, the benefits of the proposed Project, and how the Project meets the grant eligible purposes;

    (ii) Area to be served, identifying each governmental unit, i.e., town, county, etc., to be affected by the Project;

    (iii) Description of how the Project will coordinate Economic Development activities with other Economic Development activities within the Project area;

    (iv) Businesses to be assisted, if appropriate, and Economic Development to be accomplished;

    (v) An explanation of how the proposed Project will result in newly created, increased, or supported jobs in the area and the number of projected new and supported jobs within the next 3 years;

    (vi) A description of the applicant's demonstrated capability and experience in providing the proposed Project assistance, including experience of key staff members and persons who will be providing the proposed Project activities and managing the Project;

    (vii) The method and rationale used to select the areas and businesses that will receive the service;

    (viii) A brief description of how the work will be performed, including whether organizational staff or consultants or contractors will be used; and

    (ix) Other information the Agency may request to assist it in making a grant award determination.

    (e) The latest 3 years of financial information to show the applicant's financial capacity to carry out the proposed work. If the applicant is less than 3 years old, at a minimum, the information should include all balance sheet(s), income statement(s) and cash flow statement(s). A current audited report is required if available;

    (f) Documentation regarding the availability and amount of other funds to be used in conjunction with the funds from RBDG;

    (g) A budget which includes salaries, fringe benefits, consultant costs, indirect costs, and other appropriate direct costs for the Project.

    2. Cost Sharing or Matching.

    Matching funds are not required.

    3. Other

    Applications will only be accepted from qualified national non-profit organizations to provide technical assistance for RT. There are no “responsiveness,” or “threshold” eligibility criteria for these grants. There is no limit on the number of applications an applicant may submit under this announcement. In addition to the forms listed under program description, Form AD-3030 “Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants,” must be completed in the affirmative.

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    4. Completeness Eligibility

    Applications will not be considered for funding if they do not provide sufficient information to determine eligibility or are missing required elements.

    D. Application and Submission Information 1. Address To Request Application Package

    For further information, entities wishing to apply for assistance should contact the USDA Rural Development State Office provided in the ADDRESSES section of this notice to obtain copies of the application package.

    Applications must be submitted in paper format. Applications submitted to a Rural Development State Office must be received by the closing date and local time deadline.

    2. Content and Form of Application Submission

    An application must contain all of the required elements. Each application received in a USDA Rural Development State Office will be reviewed to determine if it is consistent with the eligible purposes contained in section 310B(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)). Each selection priority criterion outlined in 7 CFR 4280.435 must be addressed in the application. Failure to address any of the criterion will result in a zero-point score for that criterion and will impact the overall evaluation of the application. Copies of 7 CFR part 4280, subpart E, will be provided to any interested applicant making a request to a USDA Rural Development State Office.

    All projects to receive technical assistance through these passenger transportation grant funds are to be identified when the applications are submitted to the USDA Rural Development State Office. Multiple project applications must identify each individual project, indicate the amount of funding requested for each individual project, and address the criteria as stated above for each individual project.

    For multiple-project applications, the average of the individual project scores will be the score for that application.

    The applicant documentation and forms needed for a complete application are located in the Program Description section of this notice, and 7 CFR part 4280, subpart E.

    (a) There are no specific formats, specific limitations on number of pages, font size and type face, margins, paper size, number of copies, and the sequence or assembly requirements.

    (b) The component pieces of this application should contain original signatures on the original application.

    (c) Since these grants are for technical assistance for transportation purposes, no additional information requirements other than those described in this notice and 7 CFR part 4280, subpart E are required.

    3. Unique Entity identifier and System for Award Management (SAM)

    All applicants must have a Dun and Bradstreet Data Universal Numbering System (DUNS) number which can be obtained at no cost via a toll-free request line at (866) 705-5711 or at http://fedgov.dnb.com/webform. Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from the requirements under 2 CFR 25.110(b) or (c) or has an exception approved by the Federal awarding agency under 2 CFR 25.110(d)) is required to: (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

    4. Submission Dates and Times

    (a) Application Deadline Date: No later than 4:30 p.m. (local time) on March 31, 2016.

    Explanation of Deadlines: Applications must be in the USDA Rural Development State Office by the local deadline date and time as indicated above. If the due date falls on a Saturday, Sunday, or Federal holiday, the application is due the next business day.

    (b) The deadline date means that the completed application package must be received in the USDA Rural Development State Office by the deadline date established above. All application documents identified in this notice are required.

    (c) If completed applications are not received by the deadline established above, the application will neither be reviewed nor considered under any circumstances. (d) The Agency will determine the application receipt date based on the actual date postmarked.

    (e) This notice is for RT technical assistance grants only and therefore, intergovernmental reviews are not required.

    (f) These grants are for RT technical assistance grants only, no construction or equipment purchases are permitted. If the grantee has a previously approved indirect cost rate, it is permissible, otherwise, the applicant may elect to charge the 10 percent indirect cost permitted under 2 CFR 200.414(f) or request a determination of its Indirect Cost Rate. Due to the time required to evaluate Indirect Cost Rates, it is likely that all funds will be awarded by the time the Indirect Cost Rate is determined. No foreign travel is permitted. Pre-Federal award costs will only be permitted with prior written approval by the Agency.

    (g) Applicants must submit applications in hard copy format as previously indicated in the Application and Submission Information section of this notice. If the applicant wishes to hand deliver its application, the addresses for these deliveries can be located in the ADDRESSES section of this notice.

    (h) If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    E. Application Review Information 1. Criteria

    All eligible and complete applications will be evaluated and scored based on the selection criteria and weights contained in 7 CFR 4280.435 and will select grantees subject to the grantees' satisfactory submission of the additional items required by 7 CFR part 4280, subpart E and the USDA Rural Development Letter of Conditions. Failure to address any one of the criteria by the application deadline will result in the application being determined ineligible, and the application will not be considered for funding. The amount of an RT grant may be adjusted, at RBS's discretion, to enable RBS to award RT grants to the applications with the highest priority scores in each category.

    2. Review and Selection Process

    The State Offices will review applications to determine if they are eligible for assistance based on requirements contained in 7 CFR 4280.416 and 4280.417. If determined eligible, your application will be submitted to the National Office. Funding of projects is subject to the applicant's satisfactory submission of the additional items required by that subpart and the USDA Rural Development Letter of Conditions. The Agency reserves the right to award additional discretionary points under 7 CFR 4280.435(k).

    In awarding discretionary points, the Agency scoring criteria regularly assigns points to applications that direct loans or grants to projects based in or serving census tracts with poverty rates greater than or equal to 20 percent. This emphasis will support Rural Development's mission of improving the quality of life for rural Americans and commitment to directing resources to those who most need them.

    F. Federal Award Administration Information 1. Federal Award Notices

    Successful applicants will receive notification for funding from the USDA Rural Development State Office. Applicants must comply with all applicable statutes and regulations before the grant award will be approved. Unsuccessful applications will receive notification by mail.

    2. Administrative and National Policy Requirements

    Additional requirements that apply to grantees selected for this program can be found in 7 CFR 4280.408, 4280.410, and 4280.439. Awards are subject to USDA grant regulations at 2 CFR chapter IV which incorporates the new Office of Management and Budget (OMB) regulations 2 CFR part 200.

    All successful applicants will be notified by letter, which will include a letter of conditions, and a letter of intent to meet the conditions. This letter is not an authorization to begin performance. If the applicant wishes to consider beginning performance prior to the grant being officially closed, all pre-award costs must be approved in writing and in advance by the Agency. The grant will be considered officially awarded when all conditions in the letter of conditions have been met and the Agency obligates the funding for the project.

    Additional requirements that apply to grantees selected for this program can be found in 7 CFR part 4280, subpart E; the Grants and Agreements regulations of the U.S. Department of Agriculture codified in 2 CFR parts 400.1 to 400.18, and successor regulations to these parts.

    In addition, all recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive compensation (see 2 CFR part 170). You will be required to have the necessary processes and systems in place to comply with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) reporting requirements (see 2 CFR 170.200(b), unless you are exempt under 2 CFR 170.110(b)). More information on these requirements can be found at http://www.rd.usda.gov/programs-services/value-added-producer-grants.

    The following additional requirements apply to grantees selected for this program:

    (a) Form RD 4280-2 “Rural Business-Cooperative Service Financial Assistance Agreement.”

    (b) Letter of Conditions.

    (c) Form RD 1940-1, “Request for Obligation of Funds.”

    (d) Form RD 1942-46, “Letter of Intent to Meet Conditions.”

    (e) Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.”

    (f) Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions.”

    (g) Form AD-1049, “Certification Regarding a Drug-Free Workplace Requirement (Grants).”

    (h) Form AD-3030, “Representation Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants.” Must be signed by corporate applicants who receive an award under this notice.

    (i) Form RD 400-4, “Assurance Agreement.”

    (j) SF LLL, “Disclosure of Lobbying Activities,” if applicable.

    (k) use Form SF 270, “Request for Advance or Reimbursement.”

    3. Reporting

    (a) A Financial Status Report and a project performance activity report will be required of all grantees on a quarterly basis until initial funds are expended and yearly thereafter, if applicable, based on the Federal fiscal year. The grantee will cause the project to be completed within the total sums available to it in accordance with the Scope of Work and any necessary modifications thereof prepared by the grantee and approved by the Agency. A final project performance report will be required with the final Financial Status Report. The final report may serve as the last quarterly report. The final report must provide complete information regarding the jobs created and supported as a result of the grant if applicable. Grantees must continuously monitor performance to ensure that time schedules are being met, projected work by time periods is being accomplished, and other performance objectives are being achieved. Grantees must submit an original of each report to the Agency no later than 30 days after the end of the quarter. The project performance reports must include, but not be limited to, the following:

    (1) A comparison of actual accomplishments to the objectives established for that period;

    (2) Problems, delays, or adverse conditions, if any, which have affected or will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or planned to resolve the situation;

    (3) Objectives and timetable established for the next reporting period;

    (4) Any special reporting requirements, such as jobs supported and created, businesses assisted, or economic development which results in improvements in median household incomes, and any other specific requirements, should be placed in the reporting section in the Letter of Conditions; and

    (5) Within 90 days after the conclusion of the project, the grantee will provide a final project evaluation report. The last quarterly payment will be withheld until the final report is received and approved by the Agency. Even though the grantee may request reimbursement on a monthly basis, the last 3 months of reimbursements will be withheld until a final project, project performance, and financial status report are received and approved by the Agency.

    G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact your USDA Rural Development State Office provided in the ADDRESSES section of this notice.

    H. Other Information Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, the paperwork burden has been cleared by OMB.

    Federal Funding Accountability and Transparency Act

    All applicants, in accordance with 2 CFR part 25, must have a DUNS number, which can be obtained at no cost via a toll-free request line at (866)705-5711 or online at http://fedgov.dnb.com/webform. Similarly, all applicants must be registered in SAM prior to submitting an application. Applicants may register for the SAM at http://www.sam.gov. All recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive total compensation in accordance with 2 CFR part 170.

    I. Nondiscrimination

    The U.S. Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment, or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at [email protected]

    Individuals who are deaf, hard of hearing, or have speech disabilities and wish to file either an EEO or program complaint may contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).

    Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email.

    Dated: March 9, 2016. Samuel H. Rikkers, Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2016-06036 Filed 3-16-16; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2016 AGENCY:

    Rural Business-Cooperative Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice is to invite applications for loans and grants under the Rural Economic Development Loan and Grant (REDLG) programs for fiscal year (FY) 2016. Funding to support up to $37 million in loans and $11 million in grants is currently available. The commitment of program dollars will be made to applicants of selected responses that have fulfilled the necessary requirements for obligation.

    All applicants are responsible for any expenses incurred in developing their applications.

    DATES:

    The deadlines for completed applications to be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) are: Third Quarter, March 31, 2016; and Fourth Quarter, June 30, 2016.

    ADDRESSES:

    Submit applications in paper format to the USDA Rural Development State Office for the State where the project is located. A list of the USDA Rural Development State Office contacts can be found at: http://www.rurdev.usda.gov/StateOfficeAddresses.html.

    FOR FURTHER INFORMATION CONTACT:

    Cindy Mason at (202) 690-1433, [email protected], and Kristi Kubista-Hovis at (202) 720-1400, [email protected] Please contact the USDA Rural Development State Office in which the project will be located.

    SUPPLEMENTARY INFORMATION: Overview

    Solicitation Opportunity Type: Rural Economic Development Loans and Grants.

    Announcement Type: Initial Announcement.

    Catalog of Federal Domestic Assistance Number: 10.854.

    Dates: The deadline for completed applications to be received in the USDA Rural Development State Office no later than 4:30 p.m. (local time) are: Third Quarter, March 31, 2016; and Fourth Quarter, June 30, 2016.

    A. Program Description

    1. Purpose of the Program. The purpose of the program is to promote rural economic development and job creation projects.

    2. Statutory Authority. These programs are authorized under 7 U.S.C. 940c and 7 CFR part 4280, subpart A. Assistance provided to rural areas, as defined, under this program may include business startup costs, business expansion, business incubators, technical assistance feasibility studies, advanced telecommunications services and computer networks for medical, educational, and job training services, and community facilities projects for economic development.

    Awards under the REDLG programs will be made on a competitive basis using specific selection criteria contained in 7 CFR part 4280, subpart A. Information required to be in the application package includes Standard Form (SF) 424, “Application for Federal Assistance;” a Resolution of the Board of Directors; AD-1047, “Debarment/Suspension Certification;” AD-1049 “Certification Regarding Drug-Free Workplace Requirements;” SF LLL, Restrictions on Lobbying; RD 400-1, “Equal Opportunity Agreement;” RD 400-4, “Assurance Agreement;” Assurance Statement for the Uniform Act; Seismic Certification (if construction); paperwork required in accordance with 7 CFR 1940, subpart G, “Environmental Program.” If the proposal involves new construction; large increases in employment; hazardous waste; a change in use, size, capacity, purpose or location from an original facility; or is publicly controversial, the following is required: RD 1940-20, “Request for Environmental Information;” RUS Form 7, “Financial and Statistical Report;” and RUS Form 7a, “Investments, Loan Guarantees, and Loans,” or similar information; and written narrative of project description. Applications will be tentatively scored by the State Offices and submitted to the National Office for review.

    3. Definition of Terms. The definitions applicable to this notice are published at 7 CFR 4280.3.

    4. Application Awards. The Agency will review, evaluate, and score applications received in response to this notice based on the provisions found in 7 CFR part 4280, subpart A, and as indicated in this notice. However, the Agency advises all interested parties that the applicant bears the burden in preparing and submitting an application in response to this notice whether or not funding is appropriated for these programs in FY 2016.

    B. Federal Award Information

    Type of Awards: Loans and Grants.

    Fiscal Year Funds: FY 2016.

    Available Funds: Loans: $37 million ; Grants: $11 million.

    Maximum Award: The Agency anticipates the following maximum amounts per award: Loans—$1,000,000; Grants—$300,000.

    Award Dates: Second Quarter, March 16, 2016; Third Quarter, June 15, 2016; and Fourth Quarter, September 15, 2016.

    Performance Period: October 1, 2015, through September 30, 2016.

    Renewal or Supplemental Awards: None.

    C. Eligibility Information 1. Eligible Applicants

    Loans and grants may be made to any entity that is identified by USDA Rural Development as an eligible borrower under the Rural Electrification Act of 1936, as amended (Act). In accordance with 7 CFR 4280.13, applicants that are not delinquent on any Federal debt or otherwise disqualified from participation in these programs are eligible to apply. An applicant must be eligible under 7 U.S.C. 940c. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct, or guaranteed loan under the Act, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. All other restrictions in this notice will apply.

    The Agency requires the following information to make an eligibility determination. These applications must include, but are not limited to, the following:

    (a) An original and one copy of SF 424, “Application for Federal Assistance (For Non-construction);”

    (b) Copies of applicant's organizational documents showing the applicant's legal existence and authority to perform the activities under the grant;

    (c) A proposed scope of work, including a description of the proposed project, details of the proposed activities to be accomplished and timeframes for completion of each task, the number of months duration of the project, and the estimated time it will take from grant approval to beginning of project implementation;

    (d) A written narrative that includes, at a minimum, the following items:

    (i) An explanation of why the project is needed, the benefits of the proposed project, and how the project meets the grant eligible purposes;

    (ii) Area to be served, identifying each governmental unit, i.e., town, county, etc., to be affected by the project;

    (iii) Description of how the project will coordinate Economic Development activities with other Economic Development activities within the project area;

    (iv) Businesses to be assisted, if appropriate, and Economic Development to be accomplished;

    (v) An explanation of how the proposed project will result in newly created, increased, or supported jobs in the area and the number of projected new and supported jobs within the next 3 years;

    (vi) A description of the applicant's demonstrated capability and experience in providing the proposed project assistance, including experience of key staff members and persons who will be providing the proposed project activities and managing the project;

    (vii) The method and rationale used to select the areas and businesses that will receive the service;

    (viii) A brief description of how the work will be performed, including whether organizational staff or consultants or contractors will be used; and

    (ix) Other information the Agency may request to assist it in making a grant award determination.

    (e) The latest 3 years of financial information to show the applicant's financial capacity to carry out the proposed work. If the applicant is less than 3 years old, at a minimum, the information should include all balance sheet(s), income statement(s) and cash flow statement(s). A current audited report is required if available;

    (f) Documentation regarding the availability and amount of other funds to be used in conjunction with the funds from REDLG; and

    (g) A budget which includes salaries, fringe benefits, consultant costs, indirect costs, and other appropriate direct costs for the project.

    2. Cost Sharing or Matching

    For loans, either the Ultimate Recipient or the Intermediary must provide supplemental funds for the project equal to at least 20 percent of the loan to the Intermediary. For grants, the Intermediary must establish a Revolving Loan Fund and contribute an amount equal to at least 20 percent of the Grant. The supplemental contribution must come from Intermediary's funds which may not be from other Federal Grants, unless permitted by law.

    3. Other

    Applications will only be accepted for projects that promote rural economic development and job creation.

    There are no “responsiveness” or “threshold” eligibility criteria for these loans and grants. There is no limit on the number of applications an applicant may submit under this announcement. In addition to the forms listed under the program description, Form AD 3030 “Representations Regulation Felony Conviction and Tax Delinquent Status for Corporate Applicants,” must be completed in the affirmative.

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

    4. Completeness Eligibility

    Applications will not be considered for funding if they do not provide sufficient information to determine eligibility or are missing required elements.

    D. Application and Submission Information 1. Address To Request Application Package

    For further information, entities wishing to apply for assistance should contact the USDA Rural Development State Office provided in the ADDRESSES section of this notice to obtain copies of the application package.

    Applications must be submitted in paper format. Applications submitted to a Rural Development State Office must be received by the closing date and local time deadline.

    All applicants must have a Dun and Bradstreet Data Universal Numbering System (DUNS) number which can be obtained at no cost via a toll-free request line at (866) 705-5711 or at http://fedgov.dnb.com/webform. Each applicant (unless the applicant is an individual or Federal awarding agency that is exempt from the requirements under 2 CFR 25.110(b) or (c) or has an exception approved by the Federal awarding agency under 2 CFR 25.110(d)) is required to: (i) Be registered in the System for Award Management (SAM) before submitting its application; (ii) provide a valid unique entity identifier in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

    Please note that applicants must locate the downloadable application package for this program by the Catalog of Federal Domestic Assistance Number or FedGrants Funding Opportunity Number, which can be found at http://www.grants.gov.

    2. Content and Form of Application Submission

    An application must contain all of the required elements. Each selection priority criterion outlined in 7 CFR 4280.42(b) must be addressed in the application. Failure to address any of the criterion will result in a zero-point score for that criterion and will impact the overall evaluation of the application. Copies of 7 CFR part 4280, subpart A, will be provided to any interested applicant making a request to a Rural Development State Office. An original copy of the application must be filed with the Rural Development State Office for the State where the Intermediary is located.

    The applicant documentation and forms needed for a complete application are located in the Program Description section of this notice, and 7 CFR part 4280, subpart A. There are no specific formats required per this notice, and applicants may request forms and addresses from the ADDRESSES section of this notice.

    (a) There are no specific limitations on the number of pages or other formatting requirements other than those described in the Program Description section.

    (b) There are no specific limitations on the number of pages, font size and type face, margins, paper size, number of copies, and the sequence or assembly requirements.

    (c) The component pieces of this application should contain original signatures on the original application.

    3. Submission Dates and Times

    (a) Application Deadline Dates: No later than 4:30 p.m. (local time) on: Third Quarter, March 31, 2016; and Fourth Quarter, June 30, 2016.

    Explanation of Dates: Applications must be in the USDA Rural Development State Office by the dates and times as indicated above. If the due date falls on a Saturday, Sunday, or Federal holiday, the application is due the next business day.

    (b) The deadline date means that the completed application package must be received in the USDA Rural Development State Office by the deadline date and time established above. All application documents identified in this notice are required.

    (c) If completed applications are not received by the deadline established above, the application will neither be reviewed nor considered under any circumstances.

    (d) The Agency will determine the application receipt date based on the actual date postmarked.

    (e) If the grantee has a previously approved indirect cost rate, it is permissible, otherwise, the applicant may elect to charge the 10 percent indirect cost permitted under 2 CFR 200.414(f). Due to the time required to evaluate Indirect Cost Rates, it is likely that all funds will be awarded by the time the Indirect Cost Rate is determined. No foreign travel is permitted. Pre-Federal award costs will only be permitted with prior written approval by the Agency.

    (f) Applicants must submit applications in hard copy format as previously indicated in the Application and Submission Information section of this notice. If the applicant wishes to hand deliver its application, the addresses for these deliveries can be located in the ADDRESSES section of this notice.

    (g) If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    E. Application Review Information 1. Criteria

    All eligible and complete applications will be evaluated and scored based on the selection criteria and weights contained in 7 CFR part 4280, subpart A. Failure to address any one of the criteria by the application deadline will result in the application being determined ineligible, and the application will not be considered for funding.

    2. Review and Selection Process

    The State Offices will review applications to determine if they are eligible for assistance based on requirements contained in 7 CFR part 4280, subpart A. If determined eligible, your application will be submitted to the National Office. Funding of projects is subject to the Intermediary's satisfactory submission of the additional items required by that subpart and the USDA Rural Development Letter of Conditions. The Agency reserves the right to award additional discretionary points under 7 CFR 4280.43.

    In order to distribute funds among the greatest number of projects possible, applications will be reviewed, prioritized, and funded by ranking each State's highest scoring project in highest to lowest score order. The highest scoring project from each State will be considered that State's Priority One project. Priority One projects will be ranked according to score from highest to lowest. The second highest scoring project from each State will be considered the State's Priority Two project. Priority Two projects will be ranked according to score from highest to lowest and so forth until all projects have been scored and ranked in priority order. All Priority One projects will be funded before any Priority Two projects and so forth until funds are depleted, so as to ensure broad geographic distribution of funding.

    F. Federal Award Administration Information 1. Federal Award Notices

    Successful applicants will receive notification for funding from the Rural Development State Office. Applicants must comply with all applicable statutes and regulations before the loan/grant award can be approved. Provided the application and eligibility requirements have not changed, an application not selected will be reconsidered in three subsequent quarterly funding competitions for a total of four competitions. If an application is withdrawn, it can be resubmitted and will be evaluated as a new application.

    2. Administrative and National Policy Requirements

    Additional requirements that apply to intermediaries/grantees selected for these programs can be found in 7 CFR part 4280, subpart A. Awards are subject to USDA grant regulations at 2 CFR chapter IV which incorporated the Office of Management and Budget (OMB) regulations 2 CFR part 200.

    All successful applicants will be notified by letter which will include a letter of conditions, and a letter of intent to meet the conditions. This letter is not an authorization to begin performance. If the applicant wishes to consider beginning performance prior to the loan or grant being officially closed, all pre-award costs must be approved in writing and in advance by the Agency. The loan or grant will be considered officially awarded when all conditions in the Letter of Conditions have been met and the Agency obligates the funding for the project.

    Additional requirements that apply to intermediaries or grantees selected for these programs can be found in 7 CFR part 4280, subpart A; the Grants and Agreements regulations of the U.S. Department of Agriculture codified in 2 CFR 400.1 to 400.18, and successor regulations to these parts.

    In addition, all recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive compensation (see 2 CFR part 170). You will be required to have the necessary processes and systems in place to comply with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) reporting requirements (see 2 CFR 170.200(b), unless you are exempt under 2 CFR 170.110(b)).

    The following additional requirements apply to intermediaries/grantees selected for these programs:

    (a) Form RD 4280-2 “Rural Business-Cooperative Service Financial Assistance Agreement.”

    (b) Letter of Conditions

    (c) Form RD 1940-1, “Request for Obligation of Funds.”

    (d) Form RD 1942-46, “Letter of Intent To Meet Conditions.”

    (e) Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.”

    (f) Form AD-1048 “Certification Regarding Debarment, Suspension, Ineligibility and voluntary Exclusion-Lower Tier Covered Transactions.”

    (g) Form AD-1049, “Certification Regarding a Drug-Free Workplace Requirement (Grants).”

    (h) Form AD-3031, “Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants.” Must be signed by corporate applicants who receive an award under this notice.

    (i) Form RD 400-4, “Assurance Agreement.”

    (j) SF LLL, “Disclosure of Lobbying Activities,” if applicable.

    (k) Use Form SF 270, “Request for Advance or Reimbursement.”

    3. Reporting

    (a) A Financial Status Report and a project performance activity report will be required of all grantees on a quarterly basis until initial funds are expended and yearly thereafter, if applicable, based on the Federal fiscal year. The grantee will cause the project to be completed within the total sums available to it in accordance with the Scope of Work and any necessary modifications thereof prepared by the grantee and approved by the Agency. A final project performance report will be required with the final Financial Status Report. The final report may serve as the last quarterly report. The final report must provide complete information regarding the jobs created and supported as a result of the grant if applicable. Grantees must continuously monitor performance to ensure that time schedules are being met, projected work by time periods is being accomplished, and other performance objectives are being achieved. Grantees must submit an original of each report to the Agency no later than 30 days after the end of the quarter. The project performance reports must include, but not be limited to, the following:

    (1) A comparison of actual accomplishments to the objectives established for that period;

    (2) Problems, delays, or adverse conditions, if any, which have affected or will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements doing established time periods. This disclosure shall be accompanied by a statement of the action taken or planned to resolve the situation; and

    (3) Objectives and timetable established for the next reporting period.

    (4) Any special reporting requirements, such as jobs supported and created, businesses assisted, or economic development which results in improvements in median household incomes, and any other specific requirements, should be placed in the reporting section of the Letter of Conditions.

    (5) Within 90 after the conclusion of the project, the grantee will provide a final project evaluation report. The last quarterly payment will be withheld until the final report is received and approved by the Agency. Even though the grantee may request reimbursement on a monthly basis, the last 3 months of reimbursements will be withheld until a final report, project performance, and financial status report are received and approved by the Agency.

    In addition to any reports required by 2 CFR part 200 and 2 CFR 400.1 to 400.18, the intermediary/grantee must provide reports as required by 7 CFR part 4280, subpart A.

    G. Federal Awarding Agency Contact(s)

    For general questions about this announcement, please contact your USDA Rural Development State Office provided in the ADDRESSES section of this notice.

    H. Other Information VIII. Paperwork Reduction Act

    In accordance with the Paperwork Reduction, the paperwork burden has been cleared by OMB.

    Federal Funding Accountability and Transparency Act

    All applicants, in accordance with 2 CFR part 25, must have a DUNS number, which can be obtained at no cost via a toll-free request line at (866) 705-5711 or online at http://fedgov.dnb.com/webform. Similarly, all applicants must be registered in SAM prior to submitting an application. Applicants may register for the SAM at http://www.sam.gov. All recipients of Federal financial grant assistance are required to report information about first-tier sub-awards and executive total compensation in accordance with 2 CFR part 170.

    I. Nondiscrimination Statement

    The U.S. Department of Agriculture (USDA) prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

    If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, by fax (202) 690-7442 or email at [email protected]

    Individuals who are deaf, hard of hearing, or have speech disabilities and wish to file either an EEO or program complaint may contact USDA through the Federal Relay Service at (800) 877-8339 or (800) 845-6136 (in Spanish).

    Persons with disabilities, who wish to file a program complaint, please see information above on how to contact us by mail directly or by email. If you require alternative means of communication for program information (e.g., Braille, large print, audiotape, etc.) please contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Dated: March 10, 2016. Samuel H. Rikkers, Administrator, Rural Business-Cooperative Service.
    [FR Doc. 2016-06034 Filed 3-16-16; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Housing Service Rural Utilities Service Farm Bill: Strategic Economic and Community Development—Reservation of Fiscal Year 2016 Program Funds AGENCY:

    Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    Section 6025 of the Agricultural Act of 2014 (2014 Farm Bill) provides the Secretary of Agriculture the authority to give priority to projects that support strategic economic development or community development plans. The Agency has the authority to reserve funds for those programs (referred to as the “underlying programs”) included in 7 CFR part 1980, subpart K, Strategic Economic and Community Development (SECD), for projects that support multi-jurisdictional strategic economic and community development plans. This notice identifies for fiscal year 2016 the underlying programs from which funds will be reserved for Section 6025 SECD requirements. Those programs are listed in the SUPPLEMENTARY INFORMATION section.

    DATES:

    Effective Date: October 1, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For more information, please contact your respective Rural Development State Office listed here: http://www.rd.usda.gov/browse-state. A checklist of all required application information for Section 6025 SECD can be found at: http://www.rd.usda.gov/programs-services/strategic-economic-and-community-development.

    For all other inquiries, contact Regional Community Economic Development Coordinators as follows:

    • Midwest Region—Christine Sorensen: 202-568-9832, [email protected].

    • Northeast Region—Angela Callie: 610-791-9810 ext. 123, [email protected].

    • Southern Region—Greg Dale: (870) 633-3055 Ext. 123, [email protected].

    • National Office—Farah Ahmad, Program Manager: Rural Business-Cooperative Service, U.S. Department of Agriculture, Stop 3254, 1400 Independence Avenue SW., Washington, DC 20250-0783, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This action has been reviewed and determined not to be a rule or regulation as defined in Executive Order 12866, as amended by Executive Order 13258.

    As provided for in 7 CFR 1980.1004, this notice identifies for fiscal year 2016 the underlying programs from which funds will be reserved for Section 6025 SECD requirements. The following table specifies the level of program funding allocations from which the Section 6025 SECD reserved funds will be drawn, and the percentage of funds being reserved from the underlying program funding allocations.

    Program Level of
  • funding allocations
  • Percentage of funds reserved for section 6025
    Community Facility Loans (7 CFR part 1942, subpart A) State 5 percent. Fire and Rescue and Other Small Community Facilities Projects (7 CFR part 1942, subpart C) State 5 percent. Community Facilities Grant Program (7 CFR part 3570, subpart B) State 10 percent. Community Programs Guaranteed Loans (7 CFR part 3575, subpart A) National 10 percent. Water and Waste Disposal Programs Guaranteed Loans (7 CFR part 1779) National 10 percent. Water and Waste Loans and Grants (7 CFR part 1780, subparts A, B, C, and D) National 10 percent loan; 5 percent grant. Business and Industry Guaranteed Loanmaking and Servicing (7 CFR part 4279, subparts A and B; 7 CFR part 4287, subpart B) National 5 percent. Rural Business Development Grants (7 CFR part 4280, subpart E) State 5 percent.

    The U.S. Department of Agriculture remains committed to assisting high-poverty communities as one of its strategic priorities. The programs listed above consider poverty-related criteria in its application requirements. For this reason, Section 6025 offers an incentive for high poverty communities to have increased access to these programs so long as they have eligible projects that support the implementation of a multi-jurisdictional plan. This is particularly beneficial for areas such as Promise Zones, the Delta, Appalachia, Colonias, and other rural places with persistent poverty issues.

    If submitting projects for consideration for the underlying program's Section 6025 SECD reserved funds, applicants must (1) meet the eligibility requirements of the underlying program based on its annual notice, policies and/or regulations, including application deadlines; (2) meet the eligibility requirements of Section 6025 SECD in accordance with this Notice and 7 CFR part 1980, subpart K; and (3) submit Form RD 1980-88 and supporting documentation. Applicants are encouraged to submit Form RD 1980-88 and supporting documentation concurrent with the application for the underlying program for which the applicant is applying, in an effort to avoid improper or duplicative awards to recipients as required by law. Rural Development will work with programs to ensure the review process is compliant and consistent with Section 6025 SECD regulation.

    All of the underlying program's reserves for Section 6025 SECD competition must be obligated by the Agency no later than June 30, 2016. As provided for in 7 CFR 1980.1004(c), the Agency will return any reserved funds that are not obligated by June 30, 2016, to the underlying program's regular funding account for obligation to all eligible projects in that program. After June 30, 2016, any project that supports a multi-jurisdictional strategic economic and community development plan may be competed with all other projects within the applicable underlying program for the remainder of FY 2016, but without the benefit of any mandated priority points and access to reserved funds available under 7 CFR part 1980, subpart K.

    This notice establishes the listed percentages of funds reserved for Section 6025 and is effective October 1, 2015 for the entirety of FY 2016 and the entirety of each succeeding fiscal year unless changed in accordance with 7 CFR 1980.1004(b).

    USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

    Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

    1. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, DC 20250-9410;

    2. Fax: (202) 690-7442; or

    3. Email: [email protected]

    USDA is an equal opportunity provider, employer, and lender.

    Dated: March 3, 2016. Lisa Mensah, Under Secretary, Rural Development.
    [FR Doc. 2016-06035 Filed 3-16-16; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF COMMERCE Economic Development Administration Proposed Information Collection; Comment Request; Form ED-840P Petition by a Firm for Certification of Eligibility To Apply for Trade Adjustment Assistance; Trade Adjustment Assistance for Firms Program AGENCY:

    Economic Development Administration (EDA), Department of 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 the proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before May 16, 2016.

    ADDRESSES:

    Direct all written comments and recommendations for the proposed information collection 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 Miriam Kearse, Lead Program Analyst, Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, 1401 Constitution Ave. NW., Washington, DC 20230, telephone (202) 482-3963, facsimile (202) 482-2883 (or via the Internet at [email protected]).

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    EDA administers the Trade Adjustment Assistance for Firms (TAAF) Program, which is authorized under chapters 3 and 5 of title II of the Trade Act of 1974, as amended (19 U.S.C. 2341 et seq.) (Trade Act), and the Trade Adjustment Assistance Reauthorization Act of 2015 (Pub. L. 114-27) which reauthorized the program, through a national network of non-profit and university-affiliated Trade Adjustment Assistance Centers (TAACs), each of which serves a different geographic service region. EDA certifies firms as eligible to participate in the TAAF Program and provides funding to allow eligible client-firms to receive adjustment assistance through the TAACs. The information collected on Form ED-840P and relevant supporting documentation is used to determine if a firm is eligible to participate in the program. In accordance with the Trade Act and EDA's regulations as set out at 13 CFR part 315, EDA must verify that the following have occurred: (1) A significant reduction in the number or proportion of the workers in the firm, a reduction in the workers' wage or work hours, or an imminent threat of such reductions; (2) sales or production of the firm have decreased absolutely, as defined in EDA's regulations, or sales or production, or both, of any article or service accounting for at least 25 percent of the firm's sales or production has decreased absolutely; and (3) an increase in imports of articles or services like or directly competitive with those produced or provided by the petitioning firm, which has contributed importantly to the decline in employment and sales or production of that firm. Additionally, the firm must demonstrate that its customers have reduced purchases from the firm in favor of buying items or services from foreign suppliers. The use of the form standardizes and limits the information collected as part of the certification process and eases the burden on applicants and reviewers alike.

    In addition, after being determined eligible for TAAF Program assistance using Form ED-840P, firms must create an EDA-approved adjustment proposal, which is each firm's business plan to remain viable in the current global economy, in order to receive financial assistance under the TAAF Program. Each adjustment proposal must meet certain requirements as set out in the Trade Act and EDA's regulation at 13 CFR 315.6. This notice also includes an estimate for adjustment proposals.

    II. Method of Collection

    Form ED-840P may be obtained in Portable Document Format (PDF) from EDA or the TAACs upon request. TAACs are responsible for preparing the application on the firm's behalf. Although there is no form associated with adjustment proposals, they must meet the requirements for adjustment proposals set out in EDA's regulation at 13 CFR 315.16. Both petitions for certification on Form ED-840P and adjustment proposals may be submitted via email to [email protected] or in hard copy to EDA at Trade Adjustment Assistance for Firms, 1401 Constitution Avenue NW., Room 71030, Washington DC 20230.

    III. Data

    OMB Control Number: 0610-0091.

    Form Number(s): ED-840P.

    Type of Review: Regular submission.

    Affected Public: Businesses or other for-profit organizations.

    Estimated Number of Respondents: 800 (500 petitions for certification and 300 adjustment proposals).

    Estimated Time per Response: 128.2 hours (8.2 for petitions for certification and 120 for adjustment proposals).

    Estimated Total Annual Burden Hours: 40,100 (4,100 for petitions for certification and 36,000 for adjustment proposals).

    Estimated Total Annual Cost to Public: $1,664,000 ($179,550 for petitions for certification and $1,485,000 for adjustment proposals).

    IV. Request for Comments

    Comments are invited on: (1) 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; (2) the accuracy of the agency's estimate of the burden (including hours and cost) 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 other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: March 14, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-06006 Filed 3-16-16; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE International Trade Administration Notice of Scope Rulings AGENCY:

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

    DATES:

    Effective Date: March 17, 2016.

    SUMMARY:

    The Department of Commerce (“Department”) hereby publishes a list of scope rulings and anticircumvention determinations made between July 1, 2015, and September 30, 2015, inclusive. We intend to publish future lists after the close of the next calendar quarter.

    FOR FURTHER INFORMATION CONTACT:

    Brenda E. Waters, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4735.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department's regulations provide that the Secretary will publish in the Federal Register a list of scope rulings on a quarterly basis.1 Our most recent notification of scope rulings was published on September 23, 2015.2 This current notice covers all scope rulings and anticircumvention determinations made by Enforcement and Compliance between July 1, 2015, and September 30, 2015, inclusive. Subsequent lists will follow after the close of each calendar quarter.

    1See 19 CFR 351.225(o).

    2See Notice of Scope Rulings, 80 FR 57339 (September 23, 2015).

    Scope Rulings Made Between July 1, 2015 and September 31, 2015 Mexico A-201-805: Circular Welded Non-Alloy Steel Pipe From Mexico

    Requestor: Maquilacero, S.A. de C.V. (Maquilacero); Maquilacero's black pipe manufactured to the ASTM A-513 specification is within the scope of the order, as it does not meet the exclusion for mechanical tubing set forth in the Order; July 27, 2015.

    A-201-805: Circular Welded Non-Alloy Steel Pipe From Mexico

    Requestor: Perfiles y Herrajes LM, S.A. de C.V. (Perfiles); Perfiles' black pipe manufactured to the ASTM A-513 specification meets the exclusion for mechanical tubing set forth in the Order and is, therefore, outside the scope of the order; August 19, 2015.

    Japan A-588-845: Stainless Steel Sheet and Strip in Coils From Japan

    Requestor: American BOA, Inc. (ABI); ABI's precision strip products are within the scope of the order because they possess all of the essential physical characteristics of subject stainless steel sheet and strip in coils; July 22, 2015.

    People's Republic of China A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic of China

    Requestor: Agilent Technologies, Inc. (Agilent); Agilent's Foreline Hose Assembly is excluded from the scope because (a) when assembled, it represents finished merchandise fully and permanently completed and assembled containing aluminum extrusions as well as non-extruded aluminum components; and (b) when unassembled, it is a finished goods kit, imported as a combination of all necessary parts to assemble a finished good, and requires no further finishing or fabrication after importation; August 27, 2015.

    A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic of China

    Requestor: Ruubermaid Commercial Products LLC (Rubbermaid); Rubbermaid's 13 product models, which fall into three categories of floor cleaning products: Quick-Connect frames, Quick-Connect handles, and mopping kits, are excluded from the AD and CVD scope pursuant to the CIT's remand order in Rubbermaid Commercial Products LLC v. United States, Court No. 11-00463, Slip Op. 14-113 (CIT September 23, 2014) (Rubbermaid I). Specifically, on remand, the Department found that Rubbermaid's quick-connect frames and quick-connect handles meet the description of excluded finished merchandise, and that its mopping kits meet the description of excluded finished goods kits; see Aluminum Extrusions From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 80 FR 51535; August 25, 2015.

    A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic of China

    Requestor: Ace Hardware, Inc.; Ace's telescoping extension poles are outside the scope of the order because they are finished merchandise fully and permanently completed and assembled containing aluminum extrusions as well as non-extruded aluminum components; September 3, 2015.

    A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic of China

    Requestor: Blue Blade, Inc. (Blue Blade); Blue Blade's extension tension poles are outside the scope of the order because they are finished merchandise fully and permanently completed and assembled containing aluminum extrusions as well as non-extruded aluminum components; September 30, 2015.

    A-570-983 and C-570-984: Drawn Stainless Steel Sinks From the People's Republic of China

    Requestor: Component Hardware Group Inc.; Industrial Handwashing Sinks are within the scope of the order because they possess all the physical characteristics of subject drawn stainless steel sinks; July 2, 2015.

    A-570-909: Certain Steel Nails From the People's Republic of China

    Requestor: Lumber Liquidators Services, LLC; Lumber Liquidators' L-Cleat Brads were within the scope of the order based on 19 CFR 351.225(k)(2); July 23, 2015.

    A-570-970: Multilayered Wood Flooring From the People's Republic of China

    Requestor: Zhejiang Dadongwo GreenHome Wood Co., Ltd.; GreenHome's two-layer wood flooring is not within the scope because it lacks two or more layers of plies of wood veneer(s) in combination with a core; August 6, 2015.

    A-570-832: Pure Magnesium From the People's Republic of China

    Requestor: Dead Sea Magnesium Ltd. (“DSM”); DSM's patented magnesium alloys are subject to the order on Pure Magnesium from the People's Republic of China because they contain 50 percent or greater, but less than 99.8 percent primary magnesium, by weight, and do not conform to ASTM specifications for alloy magnesium. DSM's magnesium alloys are not subject to the order on Magnesium Metal from the People's Republic of China; July 16, 2015.

    Republic of Korea A-580-834 and A-580-835: Stainless Steel Sheet and Strip in Coils From Republic of Korea

    Requestor: American BOA, Inc. (ABI); ABI's precision strip products are within the scope of the order because they possess all of the essential physical characteristics of subject stainless steel sheet and strip in coils; July 22, 2015.

    Taiwan A-583-831: Stainless Steel Sheet and Strip in Coils From Taiwan

    Requestor: American BOA, Inc. (ABI); ABI's precision strip products are within the scope of the order because they possess all of the essential physical characteristics of subject stainless steel sheet and strip in coils; July 22, 2015.

    Anticircumvention Determinations Made Between July 1, 2015, and September 30, 2015 United Arab Emirates A-520-803: Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates

    Requestor: Polyplex USA LLC and Flex USA Inc.; PET film produced in Bahrain by JBF Bahrain from inputs (PET chips and silica chips) manufactured in the United Arab Emirates, and that is subsequently exported from Bahrain to the United States undergoes a process of completion or assembly that is not minor or insignificant and, therefore, should not be included within the scope of the order.

    Interested parties are invited to comment on the completeness of this list of completed scope and anticircumvention inquiries. Any comments should be submitted to the Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, 14th Street and Constitution Avenue NW., APO/Dockets Unit, Room 1870, Washington, DC 20230.

    This notice is published in accordance with 19 CFR 351.225(o).

    Dated: March 11, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2016-06042 Filed 3-16-16; 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: International Dolphin Conservation Program.

    OMB Control Number: 0648-0387.

    Form Number(s): None.

    Type of Request: Emergency revision of a currently approved information collection. Per the Paperwork Reduction Act regulations, 5 CFR 1320.13, we believe that use of this emergency process is essential to the mission of the agency. NOAA finds good cause to issue this interim final rule without advance notice in a proposed rule, and to make the rule effective immediately without providing a 30-day delay, because the limited time available to the United States to come into compliance with its World Trade Organization obligations makes advance notice and comment or delaying the effectiveness contrary to the public interest. Furthermore, because this interim final rule involves a foreign affairs function of the United States, the procedural requirements of the Administrative Procedure Act, 5 U.S.C. 553, are not applicable. However, NMFS will consider public comments on this interim final rule and issue a final rule.

    Number of Respondents: 144.

    Average Hours per Response: 30 minutes.

    Burden Hours: This change would add an additional 130 responses per year at 30 minutes per response, or 65 hours, to the currently approve burden of 183 hours.

    Needs and Uses: This is a request for comments on the proposed revision of OMB Control No. 0648-0387, in conjunction with Interim Final Rule 0648-BF73. The information collection currently approved under OMB Control No. 0648-0387 was developed to implement the International Dolphin Conservation Program Act (Act). The Act allows entry of yellowfin tuna into the United States (U.S.), under specific conditions, from nations in the International Dolphin Conservation Program that would otherwise be under embargo. The Act also allows U.S. fishing vessels to participate in the yellowfin tuna fishery in the eastern tropical Pacific Ocean on terms equivalent with the vessels of other nations. NOAA collects information to allow tracking and verification of dolphin-safe and non-dolphin-safe tuna products from catch through the U.S. market.

    This revision will add the requirement that, for a fishing trip that begins on or after 60 days of the Interim Final Rule publishing date, related information may be selected for audit (at random or as a result of screening/targeting), and thus there may be a burden on the importer of record to locate and provide copies of supporting documentation. In some instances, NMFS may be able to complete an audit (verify the information about the harvest event and chain-of-custody) based on the information submitted via the Customs and Border Protectcion ACE portal. In other instances, NMFS may contact the importer of record to provide supporting documentation to corroborate the information submitted via the ACE portal.

    Affected Public: Businesses and other for-profit organizations.

    Frequency: 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 10 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: March 11, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-05984 Filed 3-16-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE500 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council's (Council) Tilefish Advisory Panel will hold a public meeting.

    DATES:

    The meeting will be held Tuesday, April 5, 2016, from 10 a.m. to 12 p.m., to view the agenda, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held via webinar with a telephone-only connection option.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255. The Council's Web site, www.mafmc.org also has details on the proposed agenda, webinar listen-in access, and briefing materials.

    SUPPLEMENTARY INFORMATION: Agenda

    This meeting will gather input on Framework 2 to the Golden Tilefish Fishery Management Plan. Specifically, Golden Tilefish Advisory Panel Members input will be sought on the overall framework (and following measure in specific: “That the Council restricts the recreational Golden Tilefish Fishery to rod and real fishery only (with a five hook limit)).” The Council will take action on this Framework at the April 2016 Council meeting.

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

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 working days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 14, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-06047 Filed 3-16-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Multistakeholder Process To Develop Consumer Data Privacy Code of Conduct Concerning Facial Recognition Technology AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The National Telecommunications and Information Administration (NTIA) will convene a meeting of a privacy multistakeholder process concerning the commercial use of facial recognition technology on March 29, 2016.

    DATES:

    The meeting will be held on March 29, 2016 from 1:00 p.m. to 5:00 p.m., Eastern Time. See SUPPLEMENTARY INFORMATION for details.

    ADDRESSES:

    The meeting will be held in the Boardroom at the American Institute of Architects, 1735 New York Avenue NW., Washington, DC 20006.

    FOR FURTHER INFORMATION CONTACT:

    John Verdi, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Room 4725, Washington, DC 20230; telephone (202) 482-8238; email [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: On February 23, 2012, the White House released Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (the “Privacy Blueprint”).1 The Privacy Blueprint directs NTIA to convene multistakeholder processes to develop legally enforceable codes of conduct that specify how the Consumer Privacy Bill of Rights applies in specific business contexts.2 On December 3, 2013, NTIA announced that it would convene a multistakeholder process with the goal of developing a code of conduct to protect consumers' privacy and promote trust regarding facial recognition technology in the commercial context.3 On February 6, 2014, NTIA convened the first meeting of the multistakeholder process, followed by additional meetings through July 2015.

    1 The Privacy Blueprint is available at http://www.whitehouse.gov/sites/default/files/privacy-final.pdf.

    2Id.

    3 NTIA, Facial Recognition Technology, http://www.ntia.doc.gov/other-publication/2015/privacy-multistakeholder-process-facial-recognition-technology.

    Matters To Be Considered: The March 29, 2016 meeting is a continuation of a series of NTIA-convened multistakeholder discussions concerning facial recognition technology. Stakeholders will engage in an open, transparent, consensus-driven process to develop a code of conduct regarding facial recognition technology. The March 29, 2016 meeting will build on stakeholders' previous work. More information about stakeholders' work is available at: http://www.ntia.doc.gov/other-publication/2015/privacy-multistakeholder-process-facial-recognition-technology.

    Time and Date: NTIA will convene a meeting of the privacy multistakeholder process regarding facial recognition technology on March 29, 2016, from 1:00 p.m. to 5:00 p.m., Eastern Time. The meeting date and time are subject to change. The meeting is subject to cancellation if stakeholders complete their work developing a code of conduct. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2015/privacy-multistakeholder-process-facial-recognition-technology, for the most current information.

    Place: The meeting will be held in the Boardroom at the American Institute of Architects, 1735 New York Avenue NW., Washington, DC 20006. The location of the meeting is subject to change. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2015/privacy-multistakeholder-process-facial-recognition-technology, for the most current information.

    Other Information: The meeting is open to the public and the press. The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to John Verdi at (202) 482-8238 or [email protected] at least seven (7) business days prior to the meeting. The meeting will also be webcast. Requests for real-time captioning of the webcast or other auxiliary aids should be directed to John Verdi at (202) 482-8238 or [email protected] at least seven (7) business days prior to the meeting. There will be an opportunity for stakeholders viewing the webcast to participate remotely in the meeting through a moderated conference bridge, including polling functionality. Access details for the meeting are subject to change. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2015/privacy-multistakeholder-process-facial-recognition-technology, for the most current information.

    Dated: March 14, 2016. Kathy Smith, Chief Counsel, National Telecommunications and Information Administration.
    [FR Doc. 2016-06028 Filed 3-16-16; 8:45 am] BILLING CODE 3510-60-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Multistakeholder Process To Develop Best Practices for Privacy, Transparency, and Accountability Regarding Commercial and Private Use of Unmanned Aircraft Systems AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    The National Telecommunications and Information Administration (NTIA) will convene a meeting of a multistakeholder process concerning privacy, transparency, and accountability issues regarding commercial and private use of unmanned aircraft systems on April 8, 2016.

    DATES:

    The meeting will be held on April 8, 2016 from 1 p.m. to 5 p.m., Eastern Time. See Supplementary Information for details.

    ADDRESSES:

    The meeting will be held in the Boardroom at the American Institute of Architects, 1735 New York Avenue NW., Washington, DC 20006.

    FOR FURTHER INFORMATION CONTACT:

    John Verdi, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4725, Washington, DC 20230; telephone (202) 482-8238; email [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: Congress recognized the potential wide-ranging benefits of Unmanned Aircraft Systems (UAS) operations within the United States in the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (Pub. L. 112-95), which requires a plan to safely integrate civil UAS into the National Airspace System (NAS) by 2015. On February 15, 2015, President Obama issued the Presidential Memorandum “Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems.” 1 The Presidential Memorandum establishes a “multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the NAS.” 2 The process includes stakeholders from industry, civil society, and academia, and will be initiated by the Department of Commerce, through NTIA, and in consultation with other interested agencies. On August 3, 2015, NTIA convened the first meeting of the multistakeholder process, followed by additional meetings through February 2016.

    1 Presidential Memorandum, Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems, (Feb. 15, 2015), available at: http://www.whitehouse.gov/the-press-office/2015/02/15/presidential-memorandum-promoting-economic-competitiveness-while-safegua.

    2 Presidential Memorandum at 4.

    Matters To Be Considered: The April 8, 2016 meeting is a continuation of a series of NTIA-convened multistakeholder discussions concerning privacy, transparency, and accountability issues regarding commercial and private use of UAS. Additional meetings may be scheduled as needed. Stakeholders will engage in an open, transparent, consensus-driven process to develop best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the NAS. The April 8, 2016 meeting will build on stakeholders' previous work. More information about stakeholders' work is available at: http://www.ntia.doc.gov/other-publication/2015/multistakeholder-process-unmanned-aircraft-systems.

    Time and Date: NTIA will convene a meeting of the multistakeholder process regarding unmanned aircraft systems on April 8, 2016 from 1 p.m. to 5 p.m., Eastern Time. The meeting date and time are subject to change. The meeting is subject to cancellation if stakeholders complete their work developing best practices. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2016/multistakeholder-process-unmanned-aircraft-systems, for the most current information.

    Place: The meeting will be held in the Boardroom at the American Institute of Architects, 1735 New York Avenue NW., Washington, DC 20006. The location of the meeting is subject to change. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2016/multistakeholder-process-unmanned-aircraft-systems, for the most current information.

    Other Information: The meeting is open to the public and the press. The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to John Verdi at (202) 482-8238 or [email protected] at least seven (7) business days prior to the meeting. The meeting will also be webcast. Requests for real-time captioning of the webcast or other auxiliary aids should be directed to John Verdi at (202) 482-8238 or [email protected] at least seven (7) business days prior to the meeting. There will be an opportunity for stakeholders viewing the webcast to participate remotely in the meeting through a moderated conference bridge, including polling functionality. Access details for the meeting are subject to change. Please refer to NTIA's Web site, http://www.ntia.doc.gov/other-publication/2016/multistakeholder-process-unmanned-aircraft-systems, for the most current information.

    Dated: March 14, 2016. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration.
    [FR Doc. 2016-06029 Filed 3-16-16; 8:45 am] BILLING CODE 3510-60-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures ACTION:

    Notice and request for comment.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

    DATES:

    Written comments must be submitted on or before May 16, 2016.

    ADDRESSES:

    Written comments may be submitted by any of the following methods:

    Email: [email protected] Include “0651-0024 inquiry” in the subject line of the message.

    Federal Rulemaking Portal: http://www.regulations.gov.

    Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email at [email protected] with “0651-0024 inquiry” in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under “Information Collection Review.”

    SUPPLEMENTARY INFORMATION: I. Abstract

    Patent applications that contain nucleotide and/or amino acid sequence disclosures must include a copy of the sequence listing in accordance with the requirements in 37 CFR 1.821-1.825. Applicants may submit sequence listings for both U.S. and international patent applications. Submissions of sequence listings in international applications are in accordance with Patent Cooperation Treaty (PCT) Rule 13ter.

    This information collection contains the sequence listing information itself. Information pertaining to the filing of the initial U.S. application is collected under OMB Control Number 0651-0032, and information pertaining to the filing of the initial international application is collected under OMB Control Number 0651-0021.

    In particular, this information collection accounts for sequence listings submitted on paper, compact disc (CD), or through EFS-Web, the USPTO's online filing system. For U.S. applications, 37 CFR 1.821(c) permits all three modes of submission: Paper, CD, or EFS-Web. Sequence listings for international applications may be submitted on paper or through EFS-Web only, though sequence listings that are too large to be filed electronically though EFS-Web may be submitted on a separate CD.

    The USPTO uses the sequence listings during the examination process to determine the patentability of the associated patent application. Sequence listings are also disclosed as part of the published patent application or issued patent.

    This information collection also contains requests for transfer of a computer readable form under 37 CFR 1.821(e). Under 37 CFR 1.821(e)-(f), applicants who submit their sequence listings on paper or CD must submit a copy of the sequence listing in “computer readable form” (CRF) with a statement indicating that the CRF copy of the sequence listing is identical to the paper or CD copy required by 1.821(c). Applicants may submit the CRF copy of the sequence listing to the USPTO on CD or other acceptable media as provided in 37 CFR 1.824. Sequence listings that are submitted online through EFS-Web in the proper text format do not require a separate CRF copy or the associated statement.

    If the CRF sequence listing in a new application is identical to the CRF sequence listing of another application that the applicant already has on file at the USPTO, 37 CFR 1.821(e) permits the applicant to refer to the CRF listing in the other application, rather than having to submit a duplicate copy of the CRF listing for the new application. In such a case, the applicant may submit a letter identifying the application and CRF sequence listing that is already on file and stating that the sequence listing submitted in the new application is identical to the CRF copy already filed with the previous application. The USPTO provides a form, Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93), in order to assist customers in submitting this statement.

    II. Method of Collection

    By mail, hand delivery, or electronic submission to the USPTO.

    III. Data

    OMB Number: 0651-0024.

    Type of Review: Revision of a currently-approved collection.

    Affected Public: Individuals or households; business or other for-profit organizations; and not-for-profit organizations.

    Estimated Number of Respondents: 27,200 responses per year. Of this total, the USPTO expects that 25% will be from small entities.

    Estimated Time per Response: The USPTO estimates that it will take approximately 6 minutes (0.10 hours) to 6 hours to complete a single IC item in this collection, depending on the instrument. This includes the time to gather the necessary information, create the documents, and submit the completed request to the USPTO.

    Estimated Total Annual Hour Burden: 152,285 hours.

    Estimated Total Annual Cost Burden (Hourly): $26,260,375.00. The USPTO estimates that a sequence listing will take approximately five hours of paraprofessional time at an estimated rate of $125 per hour and one hour of attorney time at $410 per hour, for a weighted average rate of $172.50 per hour for preparing a sequence listing. The USPTO expects that the Request for Transfer of a CRF will be prepared by a paraprofessional at an estimated rate of $125 per hour. Using this hourly rate, the USPTO estimates $26,260,375.00 per year for the total hourly costs associated with respondents.

    Table 1—Burden Hour/Burden Cost to Respondents IC No. Item Estimated
  • response
  • time
  • (hours)
  • Estimated
  • annual
  • responses
  • Estimated
  • annual
  • burden
  • hours
  • Rate
  • ($/hr)
  • Total cost
  • ($/yr)
  • (a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 1 Sequence Listing in Application (paper) 6.00 6,000 36,000 $172.50 $6,210,000.00 1 Sequence Listing in Application (CD) 6.00 350 2,100 172.50 362,250.00 1 Sequence Listing in Application (electronic) 6.00 19,000 114,000 172.50 19,665,000.00 2 Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93) 0.10 1,850 185 125.00 23,125.00 Totals 27,200 152,285 26,260,375.00

    Estimated Total Annual Cost Burden (Non-Hourly): $1,774,500.00. This collection has no capital startup, maintenance, or operating fees. This collection does have a non-hourly cost burden in the form of filing fees and postage costs.

    Filing Fees

    In accordance with 35 U.S.C. 41(a)(1)(G), the USPTO only charges a fee for submitting a sequence listing as part of a U.S. application or as part of an international application entering the U.S. national stage if the sequence listing (i) is not filed via EFS-Web or not filed on an electronic medium in compliance with §§ 1.52(e) and 1.821(c) or (e), and (ii) causes the application to exceed 100 pages. (See 37 CFR 1.52(f).) Under 37 CFR 1.16(s) and 1.492(j) for U.S. applications and international applications entering the U.S. national stage, respectively, if the application, including the sequence listings filed on paper or on a non-compliant electronic medium, exceeds 100 pages, the application size fee is $400 (or $200 for small entities and $100 for micro entities) for each additional 50 pages or fraction thereof. The USPTO estimates the following with respect to the number of applications that will include long sequence listings filed on paper or on a non-compliant electronic medium and the average application size fee that such applications will incur: (i) Approximately 200 applications from large entities will incur an average application size fee of $1,200; (ii) approximately 100 applications from small entities will incur an average application size fee of $600; and (iii) approximately 40 applications from micro entities will incur an average application size fee of $300. The estimate corresponds to a total fee cost of $240,000, $60,000, and $12,000, respectively.

    As a Receiving Office, the USPTO collects the international filing fee for each international application it receives. The basic international filing fee only covers the first 30 pages of the international application. As a result, a $15 fee per page is added to the international filing fee for each page over 30 pages of an international application including a sequence listing filed on paper or in PDF format. No page fees are triggered by sequence listings that are submitted via EFS-Web in the proper text format. The average length of a sequence listing filed on paper or in PDF format in an international application is 150 pages, which would carry an additional fee of $2,250 if the international application were already at least 30 pages long without the listing. The USPTO estimates that approximately 650 of the 6,000 sequence listings filed per year on paper or in PDF format will be for international applications, for a cost of $1,462,500.

    Therefore, the USPTO estimates that the total fee costs for this collection will total $1,774,500.00.

    Postage Costs

    Mailed submissions may include the sequence listing on either paper or CD, the CRF copy of the listing on CD, and a transmittal letter containing the required identifying information. The USPTO estimates that the average postage cost for a paper or CD sequence listing submission will be $6.45 (USPS Priority Mail, flat rate envelope) and that 6,350 sequence listings will be mailed to the USPTO per year, for a total of $40,957.50 in postage costs.

    With filing fee costs totaling $1,774,500.00 and postage costs totaling $40,957.50, the USPTO estimates that the total annual non-hourly cost burden for this collection will amount to $1,815,457.50.

    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, including the validity of the methodology and assumptions used;

    (c) ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record.

    Dated: March 11, 2016. Marcie Lovett, Records Management Division Director, OCIO, United States Patent and Trademark Office.
    [FR Doc. 2016-06011 Filed 3-16-16; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DOD-2016-OS-0021] Privacy Act of 1974; System of Records AGENCY:

    Office of the Inspector General, DoD.

    ACTION:

    Notice to alter a System of Records.

    SUMMARY:

    The Office of Inspector General proposes to alter a system of records, CIG-16, Defense Case Activity Tracking System (D-CATS) to carry out its responsibilities pursuant to the Inspector General Act of 1978, as amended. The OIG is statutorily directed to conduct and supervise investigations relating to the programs and operations of the Department of Defense, to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and to prevent and detect fraud, waste, and abuse in such programs and operations. Accordingly, the records in this system are used in the course of investigating individuals suspected of administrative or criminal misconduct.

    This system is also used for case management, case tracking, information storage, to respond to requests for information, and to fulfill mandatory reporting requirements. It fulfills these purposes by enabling users to record complaints, allegations of wrongdoing, and requests for assistance; to document inquiries; to store investigative case records; to compile statistical information; to provide prompt, responsive and accurate information regarding the status of ongoing cases; to provide a record of complaint disposition; and to record actions taken and notifications of interested parties and agencies.

    DATES:

    Comments will be accepted on or before April 18, 2016. This proposed action will be effective the date following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    * Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate of Oversight and Compliance, Regulatory and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.

    Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    FOR FURTHER INFORMATION CONTACT:

    Mark Dorgan, DoD IG FOIA/Privacy Office, Department of Defense, Office of Inspector General, 4800 Mark Center Drive, Alexandria, VA 22350-1500 or telephone: (703) 699-5680.

    SUPPLEMENTARY INFORMATION:

    The Office of Inspector General notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or from the Defense Privacy and Civil Liberties Web site at http://dpcld.defense.gov/.

    The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act, as amended, were submitted on March 7, 2016, to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: March 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. CIG-16 System name:

    Defense Case Activity Tracking System (D-CATS) (July 26, 2013, 78 FR 45185)

    Changes: System location:

    Delete entry and replace with “Office of the Deputy Inspector General for Administrative Investigations, Office of Inspector General Department of Defense (DoD), 4800 Mark Center Drive, Alexandria, VA 22350-1500.”

    Categories of individuals covered by the system:

    Delete entry and replace with “DoD employees, military personnel, members of the general public, and contractors who file hotline complaints; individuals alleged to have been involved in administrative or criminal misconduct including but not limited to fraud, waste, mismanagement, or whistleblower reprisal; individuals involved in matters investigated by the Office of Inspector General; and individuals identified as having been adversely affected by matters being investigated by the Office of Inspector General.”

    Categories of records in the system:

    Delete entry and replace with “Records resulting from the referral of, and inquiry into, hotline complaints, whistleblower reprisal investigations, improper mental health evaluations, and senior official investigations, including the allegations submitted to the DoD Inspector General, referral documents to DoD components, investigative reports, information received from witnesses, information gathered by investigators, records of action taken, disposition of the case, and supporting documentation. Data points include names, case numbers, home and work addresses, email addresses, duty positions, phone numbers (work, mobile).”

    Purpose(s):

    Delete entry and replace with “The OIG maintains this system of records in order to carry out its responsibilities pursuant to the Inspector General Act of 1978, as amended. The OIG is statutorily directed to conduct and supervise investigations relating to the programs and operations of the Department of Defense, to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and to prevent and detect fraud, waste, and abuse in such programs and operations. Accordingly, the records in this system are used in the course of investigating individuals suspected of administrative or criminal misconduct.

    This system is also used for case management, case tracking, information storage, to respond to requests for information, and to fulfill mandatory reporting requirements. It fulfills these purposes by enabling users to record complaints, allegations of wrongdoing, and requests for assistance; to document inquiries; to store investigative case records; to compile statistical information; to provide prompt, responsive and accurate information regarding the status of ongoing cases; to provide a record of complaint disposition; and to record actions taken and notifications of interested parties and agencies.

    Complaints appearing to involve criminal wrongdoing are referred to the Defense Criminal Investigative Service or other criminal investigative units of DoD components.”

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    Delete entry and replace with “In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, the records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    To appropriate officials and employees of a federal agency or entity to which information may be relevant to a decision concerning the hiring, appointment, or retention of an individual; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance or revocation of a grant or benefit.

    To the news media and the public, unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

    To complainants, to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained.

    The DoD Blanket Routine Uses set forth at the beginning of the Office of the Inspector General compilation of systems of records notices may apply to this system. The complete list of DoD Blanket Routine Uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.”

    Retrievability:

    Delete entry and replace with “By complainant's name, subject's name, or case number.”

    Safeguards:

    Delete entry and replace with “Full access is limited to Administrative Investigations staff. Read only access is provided to authorized DoD IG personnel consistent with their official duties. Paper and electronic records are stored in rooms protected by cipher lock, common access card RFID, and PIN. Necessary government and contractor IT staff also have full access to the electronic system, but not paper records. Regular back-ups of the electronic data are performed and stored at the Mark Center and at an off-site location, for the purpose of providing continuity of operations.”

    System manager(s) and address:

    Delete entry and replace with “Deputy Inspector General for Administrative Investigations, Office of Inspector General, Department of Defense, 4800 Mark Center Drive, Alexandria, VA 22350-1500.”

    Notification procedure:

    Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Chief, Freedom of Information Act Requester Service Center/Privacy Act Office, Office of General Counsel, Office of Inspector General, DoD, 4800 Mark Center Drive, Alexandria, VA 22350-1500.

    For verification purposes, individuals shall provide their full name, address, any details which may assist in locating records of the individual, and their signature.

    In addition, the requester must provide a notarized statement or a signed declaration made in accordance with 28 U.S.C. 1746, in the following format:

    If executed outside the United States: ‘I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).' (Signature).

    If executed within the United States, its territories, possessions, or commonwealths: ‘I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).' (Signature).”

    Record access procedures:

    Delete entry and replace with “Individuals seeking access to information about themselves contained in this system, should address written inquiries to the Chief, Freedom of Information Act Requester Service Center/Privacy Act Office, Office of General Counsel, Office of Inspector General, DoD, 4800 Mark Center Drive, Alexandria, VA 22350-1500.

    For verification purposes, individuals shall provide their full name, address, any details which may assist in locating records of the individual, and their signature.

    In addition, the requester must provide a notarized statement or a signed declaration made in accordance with 28 U.S.C. 1746, in the following format:

    If executed outside the United States: ‘I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).' (Signature).

    If executed within the United States, its territories, possessions, or commonwealths: ‘I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).' (Signature).”

    Record source categories:

    Delete entry and replace with: “Complainants, sources, subjects, witnesses, all levels of government, private businesses, and nonprofit organizations, internet Web sites, DoD Global Directory Service, DoD white-pages.”

    Exemptions claimed for the system:

    Delete entry and replace with “Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2), if the information is compiled and maintained by a component of the agency which performs as it principal function any activity pertaining to the enforcement of criminal laws.

    Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of the information, the individual will be provided access to the information exempt to the extent that disclosure would reveal the identity of a confidential source.

    Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.

    An exemption rule for this record system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 312.”

    [FR Doc. 2016-06056 Filed 3-16-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Department of Defense Advisory Committee on Military Personnel Testing (“the Committee”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Committee's charter is being renewed in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). The Committee's charter and contact information for the Committee's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/. The Committee provides the Secretary of Defense and the Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness, independent advice and recommendations on matters pertaining to military personnel testing for enlisted selection and classification.

    The Committee is composed of no more than seven members who are eminent authorities in the fields of educational and psychological testing. All members of the Committee are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official Committee-related travel and per diem, Committee members serve without compensation.

    The public or interested organizations may submit written statements to the Committee membership about the Committee's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Committee. All written statements shall be submitted to the DFO for the Committee, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Dated: March 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-06004 Filed 3-16-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 15-75] 36(b)(1) Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Notice.

    SUMMARY:

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

    FOR FURTHER INFORMATION CONTACT:

    Heather N. Harwell, DSCA/LMO, (703) 697-9217.

    The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 15-75 with attached Policy Justification.

    Dated: March 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P en17mr16.000 BILLING CODE 5001-06-C Transmittal No. 15-75 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: Jordan

    (ii)

    Total Estimated Value: Major Defense Equipment * $ 0  million Other $115.1 million Total $115.1 million

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

    Scheduled and unscheduled depot module maintenance, in addition to Augmenter Module support, for fifty-two (52) F100-PW-220E F-16 A/B (Block 15) Engines.

    (iv) Military Department: USAF (QCC)

    (v) Prior Related Cases, if any: FMS Case: JO-D-QAW-17 APR 12-$14M

    (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: None

    (viii) Date Report Delivered to Congress: 25 February 2016

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

    POLICY JUSTIFICATION Jordan—Repair and Return of F-16 Engines, Sustainment and Support

    The Government of Jordan has requested approval to amend its F-16 engine program for repair and return of its F100-PW-220E engine modules. This effort is in support of the Royal Jordanian Air Force's ongoing scheduled maintenance activities for its 52 F100-PW-220E engines. Services requested under this proposed sale include contract support for parts, components, accessories, and labor to remanufacture the current propulsion fleet at scheduled maintenance intervals. There is no Major Defense Equipment associated with this case. The overall total estimated value is $115.1 million.

    The proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a friendly country which has been, and continues to be, an important force for political stability and economic progress in the Middle East. Jordan is a key partner in the coalition working together to defeat Islamic State in Iraq and Levant (ISIL) forces. This engine and sustainment program will maintain Jordan's fighter aircraft capabilities and support its national defense. Jordan will have no difficulty absorbing this support.

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

    Jordan has accounted for the cost of engine sustainment in its budget over the course of multiple years.

    The prime contractor will be Pratt and Whitney, East Hartford, Connecticut. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will entail periodic Program Management Reviews in the United States or Jordan. There are no additional U.S. Government or contractor representatives anticipated to be stationed in Jordan as a result of this potential sale.

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

    [FR Doc. 2016-06010 Filed 3-16-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0029] Agency Information Collection Activities; Comment Request; Foreign Graduate Medical School Consumer Information Reporting Form 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 May 16, 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-0029. 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 2E-103, 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: Foreign Graduate Medical School Consumer Information Reporting Form.

    OMB Control Number: 1845-0117.

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

    Respondents/Affected Public: State, Local, and Tribal Governments; Private Sector.

    Total Estimated Number of Annual Responses: 28.

    Total Estimated Number of Annual Burden Hours: 448.

    Abstract: This is a request for a renewal of the information collection to obtain consumer information from foreign graduate medical institutions that participate in the Federal Direct Loan Program. The form is used for reporting specific graduation information to the Department of Education in accordance with 34 CFR 668.14(b)(7). This is done to improve consumer information available to prospective U.S. medical student interested in foreign medical institutions.

    Dated: March 14, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-06005 Filed 3-16-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION McKinney-Vento Education for Homeless Children and Youths Program AGENCY:

    Office of Elementary and Secondary Education, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary issues guidelines for States related to requirements under the McKinney-Vento Homeless Assistance Act (McKinney-Vento Act), as amended by the Every Student Succeeds Act (ESSA). These guidelines address ways in which a State may (1) assist local educational agencies (LEAs) to implement the provisions related to homeless children and youths amended by the ESSA and (2) review and revise policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youths in school.

    FOR FURTHER INFORMATION CONTACT:

    John McLaughlin, Office of Elementary and Secondary Education, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202-6132. Telephone: (202) 401-0962 or by email: [email protected]

    If you use a telecommunications device for the deaf or a text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 724(g) of the McKinney-Vento Act, as amended by the ESSA (Pub. L. 114-95), requires the Secretary to develop, issue, and publish in the Federal Register guidelines concerning ways in which a State: (1) May assist LEAs to implement the provisions related to homeless children and youths amended by the ESSA and (2) may review and revise policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youths in school.

    Under the McKinney-Vento Education for Homeless Children and Youth (EHCY) program, which is administered by the U.S. Department of Education's (the Department) Office of Elementary and Secondary Education, State educational agencies (SEAs) must ensure that homeless children and youths have equal access to the same free, appropriate public education, including a public preschool education, as is provided to other children and youths. The SEA and LEAs in the State must review and revise any laws, regulations, practices, or policies that may act as barriers to the identification, enrollment, attendance, or success in school of homeless children and youths. LEAs and schools may not separate homeless students from the mainstream school environment on the basis of their homelessness. Homeless students must also have access to the education and other services that they need to meet the same challenging State academic standards to which all students are held. (Section 721 of the McKinney-Vento Act, as amended by the ESSA).

    Following reauthorization of the McKinney-Vento Act by the No Child Left Behind Act of 2001 (NCLB) (Pub. L. 107-110), the Secretary published a notice in the Federal Register on March 8, 2002 (67 FR 10697), that provided detailed guidelines to help States expedite the school enrollment of homeless children and youths. These guidelines included a review of statutory enrollment provisions related to both SEA and LEA responsibilities and concluded with a discussion of ways in which States have assisted, or may assist, LEAs in immediately enrolling students experiencing homelessness in schools.

    Since the McKinney-Vento Act was last reauthorized under NCLB, SEAs and LEAs have made great strides in revising policies that posed barriers to the enrollment and success of homeless children and youths. The ESSA provides a new opportunity for States to review these policies and procedures to address continued barriers to homeless student success, as well as to review and refine policies related to new or changed provisions in the law.

    II. Definitions

    Section 725 of the McKinney-Vento Act, as amended by the ESSA, defines the following terms:

    (a) Homeless children and youths means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes—

    (1) Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals.

    (2) Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

    (3) Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

    (4) Migratory children (as defined in section 1309 of the Elementary and Secondary Education Act of 1965, as amended), who qualify as homeless because they are living in circumstances described in this definition.

    (b) Enroll and enrollment include attending classes and participating fully in school activities.

    (c) Unaccompanied youth includes a homeless child or youth not in the physical custody of a parent or guardian.

    III. Changes to the EHCY Program Under the ESSA

    The ESSA amended a number of key provisions under the EHCY program. Significant changes affect the following areas of the EHCY program:

    (1) State Plans

    State plan requirements have been modified and must include:

    (a) A description of procedures to ensure (i) that homeless children and youths separated from public schools are identified and accorded equal access to appropriate secondary education and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies and (ii) that homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State and local levels. (Section 722(g)(1)(F)(ii-iii)).

    (b) A demonstration that SEAs and LEAs have developed polices to remove barriers to the identification, enrollment, and retention of homeless children and youths, including barriers to enrollment and retention due to outstanding fees or fines, or absences. (Section 722(g)(1)(I)).

    (c) An assurance that SEAs and LEAs will adopt policies and practices to ensure that LEA liaisons participate in professional development and other technical assistance activities provided by the State Office of the Coordinator for Education of Homeless Children and Youths (Office of the Coordinator). (Section 722(g)(1)(J)(iv)).

    (d) A description of how homeless children and youths will receive assistance from counselors to advise such youths, and prepare and improve the readiness of such youths for college. (Section 722(g)(1)(K)).

    (2) Functions of the Office of the Coordinator

    The statute now requires the State Coordinator for Education of Homeless Children and Youths (State Coordinator) to:

    (a) Make publicly available reliable, valid, and comprehensive information on (i) the number of homeless children and youths identified in the State, which must be posted annually on the State's Web site, and (ii) the difficulties in identifying the special needs of and barriers to the participation and achievement of homeless children and youths. (Section 722(f)(1)(A) & (C)).

    (b) Conduct monitoring of LEAs. (Section 722(f)(5)).

    (c) Provide professional development opportunities for LEA personnel, including the LEA liaison for homeless children and youths (LEA liaison), to assist these personnel in identifying and meeting the needs of homeless children and youths and provide training on the Federal definitions of terms related to homelessness. (Section 722(f)(6)).

    (d) Respond to inquiries from parents and guardians of homeless children and youths, as well as unaccompanied homeless youths, to ensure that they receive the protections and services required by the McKinney-Vento Act. (Section 722(f)(7)).

    (e) In conjunction with LEA liaisons, inform parents and guardians of homeless children and youths, as well as unaccompanied homeless youths, of the duties of LEA liaisons and publish an annually updated list of LEA liaisons on the SEA's Web site. (Section 722(g)(6)(B)).

    (3) Duties of LEA Liaisons

    The statute now requires LEA liaisons for homeless children and youths to:

    (a) Ensure that school personnel providing services under the McKinney-Vento Act receive professional development and other support. (Section 722(g)(6)(A)(ix)).

    (b) Ensure that unaccompanied homeless youths (i) are enrolled in school, (ii) have opportunities to meet the same challenging State academic standards as other children and youths, and (iii) are informed of their status as independent students under the Higher Education Act of 1965 and that they may obtain assistance from the LEA liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid. (Section 722(g)(6)(A)(x)).

    (c) Ensure that public notice of the educational rights of the homeless children and youths is disseminated in locations frequented by parents or guardians of such youth, and unaccompanied homeless youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form that is understandable. (Section 722(g)(6)(A)(vi)).

    In addition, LEA liaisons who receive appropriate training may now affirm that a child or youth who is eligible for and participating in a program provided by the LEA, or the immediate family of such a child or youth, is eligible for homeless assistance programs administered under Title IV of the McKinney-Vento Act. (Section 722(g)(6)(D)).

    (4) School Stability

    The statute has modified the requirements governing “best interest” determinations to include the following:

    (a) The LEA must presume that keeping a homeless child or youth in the school of origin is in the child's or youth's best interest unless doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth. (Section 722(g)(3)(B)(i)).

    (b) The LEA must consider student-centered factors related to a child's or youth's best interest, giving priority to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth. (Section 722(g)(3)(B)(ii)).

    (c) If the LEA determines that it is not in a child's or youth's best interest to attend the school of origin, or the school requested by the parent, guardian, or unaccompanied youth, it must provide a written explanation of the reasons for its determination, in a manner and form that is understandable. (Section 722(g)(3)(B)(iii)).

    (5) Immediate Enrollment

    The ESSA now requires that a school selected based on a homeless child's or youth's best interest must immediately enroll such child or youth even if he or she has missed application or enrollment deadlines during any period of homelessness. (Section 722(g)(3)(C)(i)(II)).

    (6) Enrollment Disputes

    The enrollment dispute procedures now encompass eligibility and the protections in those procedures have been clarified. For example, the Office of the State Coordinator now has an explicit duty to respond to inquiries from the parents and guardians of homeless children and youths, which may include eligibility disputes. (Section 722(f)(7)). In addition, if a dispute arises over eligibility, the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals. (Section 722(g)(3)(E)).

    (7) School of Origin

    The definition of “school of origin” now specifically includes preschools and, when a child or youth completes the final grade level served by the school of origin, it also includes the designated receiving school at the next grade level for all feeder schools. (Section 722(g)(3)(I)).

    (8) Privacy

    The law now specifies that information about a homeless child's or youth's living situation shall be treated as a student education record, and shall not be deemed to be directory information. (Section 722(g)(3)(G)).

    (9) Definition of Homeless Children and Youth

    The definition no longer includes “awaiting foster care placement.” The deletion of “awaiting foster care placement” goes into effect on December 10, 2016, in every State except Delaware and Nevada, where the deletion is effective on December 10, 2017. (Section 725(2)(B)(i)).

    IV. Guidelines for States on Assisting LEAs With the Implementation of EHCY Provisions Amended by the ESSA A. State Responsibilities in Assisting LEAs

    In its State plan, an SEA must assure that every LEA in the State designates an appropriate staff person to serve as a LEA liaison. (Section 722(g)(1)(J)(ii)). The LEA liaison will help ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, the schools of that LEA. (Section 722(g)(6)(A)(ii)).

    The State Coordinator in each State must, among other things, provide technical assistance to, and conduct monitoring of, LEAs in coordination with LEA liaisons, to ensure that LEAs comply with EHCY program requirements. (Section 722(f)(5)). As described more fully above, State Coordinators also are responsible for providing professional development opportunities for LEA liaisons and other personnel to assist them in carrying out EHCY program requirements. (Section 722(f)(6)). Because the protections afforded to homeless children and youths apply regardless of whether an LEA receives a McKinney-Vento Act subgrant, the State Coordinator must ensure that technical assistance and professional development opportunities are provided to all LEAs.

    Through strong leadership, collaboration, and communication with LEA liaisons, the State Coordinator can help ensure that LEAs are aware of, understand, and can successfully implement the changes to the EHCY program under the ESSA. Establishing clear-cut policies and procedures at the State level, and making sure LEAs understand them, will facilitate a smooth transition to and implementation of new and revised EHCY program requirements.

    B. State Activities That Can Be Effective for Assisting LEAs in Implementing the Provisions in the McKinney-Vento Act, as Amended by the ESSA

    States have many options for ensuring that all LEA liaisons and LEAs receive training and information on changes to the EHCY program resulting from enactment of the ESSA. As previously shared in past guidance and technical assistance, we encourage SEAs to prepare and disseminate to their LEAs and schools memoranda, guidance documents, notices, or letters summarizing the new and existing EHCY program requirements and to share with them guidance provided by the Department. In doing so, we encourage States to use all available technology, such as email notices, listservs, the SEA Web site, Statewide hotlines, and teleconferencing. Additional State activities that may assist LEAs in implementing the law include:

    (1) Hosting Statewide Trainings and Orientations, Especially for New LEA Liaisons

    States can implement a system to ensure that every LEA liaison receives annual professional development on the provisions in the McKinney-Vento Act and good practices for implementation. States should require LEAs to notify the State Coordinator whenever a new LEA liaison is appointed so that the State Coordinator can provide or arrange small group or individually customized orientations with resources and support to equip new liaisons to fulfill their role effectively. Furthermore, the State Coordinator should ensure that all LEA liaisons receive ongoing information and professional development on challenging areas of implementation, including determining eligibility, determining best interest for school selection, and facilitating the dispute resolution process. States should investigate ways to assess LEA liaison competency and knowledge of LEA requirements and obligations under the McKinney-Vento Act. States may want to include other education personnel, as appropriate, in such training.

    (2) Disseminating Templates, Forms, and Policies

    States can provide sample forms, checklists, and other information on effective practices and procedures that may be implemented related to new and continuing statutory provisions under the EHCY program. SEAs can also provide samples of local Memoranda of Agreement that LEAs may utilize for coordination with local housing and social service agencies.

    (3) Hosting and Encouraging Meetings and Convenings

    States should provide networking opportunities for LEA liaisons through venues such as State or regional meetings, including homeless education strands of statewide Federal education or vulnerable student programs, as well as periodic conference calls or online meetings such as Webinars. These opportunities can provide LEA liaisons with direct access to and collaboration with the State Coordinator, colleagues in other LEAs, and useful resources. These may also provide opportunities to connect to and coordinate with contacts at other homeless-serving agencies and local programs.

    V. Guidelines for Reviewing and Revising State Policies and Procedures

    Section 722(g)(1)(I) requires, in the State Plan, a demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences. The following are examples of effective ways in which a State may review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success in school of homeless children and youths:

    (1) Convening a Statewide Advisory Committee To Review State Policies and Procedures

    An SEA may form a broad-based committee of experts and stakeholders to review relevant State policies and procedures affecting homeless children and youths and provide input on changes that may be needed. Such a committee could include representatives of the State coordinator's office; other SEA officials, including transportation officials; representatives from other State agencies, including public health and social services agencies; LEA officials, including LEA liaisons; legislative staff; homeless families and youths; and advocacy groups. The committee should review State laws, rules, regulations, letters, memoranda, and guidance documents to ensure that the State's policies comply with the requirements of the McKinney-Vento Act. The committee should pay particular attention to issues concerning transportation policies; student records and record-transfer requirements; enrollment of unaccompanied youths, including guardianship requirements; procedures for resolving enrollment disputes; and barriers resulting from school-related fees or school uniform policies.

    (2) Soliciting Public Comment

    A State may use a public comment process to solicit input on policies and procedures that should be revised to remove barriers to homeless children and youths' identification, enrollment, attendance, and school success. This process can include public hearings and meetings as well as the online submission of comments. This process could include sharing and analyzing existing EHCY data and conducting a survey of LEA liaisons and homeless youth and families. The SEA should engage specific stakeholder groups, including homeless children and youths and their families, to encourage them to provide comment. This process can be reopened biennially or annually as a request for information.

    (3) Consulting With the Federal EHCY Program Office's Technical Assistance Contractor, the National Center for Homeless Education (NCHE), and Participating in Facilitated Peer Workgroups

    The Federal EHCY program office and NCHE will work with State coordinators to disseminate information on innovative policies and approaches to implementation from across the country so that State Coordinators can learn from each other to improve statewide policy and practice. States may convene and/or join ad-hoc topical workgroups or a regular community of practice, as well as access more general Webinars and written advice, for crafting comprehensive State plans. NCHE will also facilitate the peer review of State plans and create ways to disseminate exemplary policies and practices after plans have been approved by the Department.

    (4) Ensuring Sufficient Capacity in its Office of the Coordinator

    Ensuring the Office of the Coordinator has sufficient capacity is critical to facilitating an effective review of policies and procedures. This review is essential for (1) developing State plans, (2) providing for the professional development of LEA liaisons, and (3) providing for technical assistance to LEA liaisons. Beyond the development of the State plan, the Office of the Coordinator should be able to analyze LEA data on enrollment or other demographic information for patterns of possible under-identification of homeless children and youths or subgroups across the State. Such under-identification may necessitate the revision of policies and procedures.

    As previously communicated by the Department in 2014 and 2015, for FY 2016 and FY 2017, the Office of the Coordinator should have the capacity to create annual work plans with measurable goals to improve identification, enrollment, attendance, achievement, and graduation for homeless students. Creating such annual work plans and setting measureable goals are elements included in the Federal EHCY program logic model. These elements are also part of the program leading indicators developed in 2014, with baseline implementation beginning in FY 2015 and further technical assistance coming from NCHE. Engagement in these activities affords the Office of the Coordinator an opportunity to revisit and revise, as appropriate, policies and procedures.

    VI. Future Guidance

    In light of the amendments to the McKinney-Vento Act under the ESSA, the Department is in the process of reviewing current guidance on the EHCY program and anticipates issuing updated guidance at a future date. General guidance, an email address to submit questions, and other information on ESSA is available online at: www.ed.gov/ESSA.

    Accessible Format: Individuals with disabilities may obtain this notice in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT.

    Electronic Access to this Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.thefederalregister.org/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site.

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Program Authority:

    Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, as amended by the Every Student Succeeds Act (Pub. L. 114-95).

    Dated: March 14, 2016. Ann Whalen, Senior Advisor to the Secretary Delegated the Duties of Assistant Secretary for Elementary and Secondary Education.
    [FR Doc. 2016-06073 Filed 3-16-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL16-43-000; QF16-259-001] Bright Light Capital, LLC; Notice of Petition for Declaratory Order

    Take notice that on March 3, 2016, pursuant to Rule 207(a)(2) of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207(a)(2) (2015), Bright Light Capital, LLC (Bright Light or Petitioner), filed a petition for declaratory order (petition) requesting the Commission grant Bright Light a limited waiver of the qualifying facility certification requirement set forth in 18 CFR 292.203(a)(3) (2015) for the period of April 15, 2006 through December 21, 2015. As part of that waiver, Bright Light requests that the Commission find that a time value refund is not required under the specific facts-and-circumstances of this case, as more fully explained in the petition.

    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 Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on April 11, 2016.

    Dated: March 11, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-06023 Filed 3-16-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Tennessee Gas Pipeline, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Broad Run Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the Broad Run Expansion Project (Project), proposed by Tennessee Gas Pipeline, L.L.C. (Tennessee) in the above-referenced docket. Tennessee requests authorization and a Certificate of Public Convenience and Necessity pursuant to sections 7(b) and 7(c) of the Natural Gas Act to construct new compressor stations and replace compression facilities in West Virginia, Kentucky, and Tennessee. The purpose of the Project is to provide an additional 200,000 dekatherms per day of firm incremental transportation service and to replace older, less efficient compression facilities with new, more efficient compression facilities.

    The EA assesses the potential environmental effects of the construction and operation of the Broad Run Expansion 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 West Virginia Department of Environmental Protection participated as a cooperating agency in the preparation of the EA. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis.

    The EA addresses the potential environmental effects of the construction, modification, and operation of the following facilities associated with the Project:

    • Four new compressor stations (CS): Two in Kanawha County, West Virginia (CS 118A and CS 119A); one in Madison County, Kentucky (CS 875); and one in Davidson County, Tennessee (CS 563); and

    • modifications (including abandonment and replacement of certain compression units, system components, and associated facilities) at the existing Clay City Compressor Station in Powell County, Kentucky (CS 106), and the existing Catlettsburg Compressor Station in Boyd County, Kentucky (CS 114).

    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. Paper copy versions of the EA were mailed to those specifically requesting them; all others received a CD version. 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 your comments are properly recorded and considered prior to a Commission decision on the proposal, it is important that the FERC receives your comments on or before April 11, 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 (CP15-77-000) 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 (Title 18 Code of Federal Regulations Part 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 that 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., CP15-77). 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: March 11, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-06022 Filed 3-16-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2814-023] Paterson Municipal Utilities Authority, Great Falls Hydroelectric Company, City of Paterson, New Jersey; Notice of Application for Transfer of License, and Soliciting Comments and Motions To Intervene

    On February 26 2016, Paterson Municipal Utilities Authority (PMUA) and Great Falls Hydroelectric Company (Great Falls) (transferors/co-licensees) and the City of Paterson, New Jersey (transferee/City of Paterson) (Successor in Interest to PMUA) filed an application for the transfer of license for the Great Falls Project No. 2814, located on the Passaic River in Passaic County, New Jersey.

    Applicants seek Commission approval to transfer the license for the Great Falls Project from PMUA and Great Falls who are currently co-licensees to Great Falls and the City of Paterson who will become co-licensees.

    Applicants' Contact: For transferors: Mr. Robert Gates, Executive Vice President of Operations, Eagle Creek Renewable Energy, LLC, 65 Madison Avenue, Suite 500, Morristown, NJ 07960, Phone: 973-998-8400, Email: [email protected] and Mr. Joshua E. Adrian, Duncan, Weinberg, Genzer & Pembroke, P.C., 1615 M Street, NW., Suite 800, Washington, DC 20036, Phone: 202-467-6370, Email: [email protected] For transferee: Mr. Ben-David Seligman, Esq., 2nd Asst. Corp. Counsel, City of Paterson, New Jersey, 155 Market Street, Paterson, NJ 07505, Phone 973-321-1366, Email: [email protected] and Ms. Julia S. Wood, Van Ness Feldman, LLP, 1050 Thomas Jefferson St. NW., Suite 700, Washington, DC 20007, Phone: 202-298-1800, Email: [email protected]

    FERC Contact: Patricia W. Gillis (202) 502-8735, [email protected]

    Deadline for filing comments, motions to intervene, and protests: 15 days from the date that the Commission issues this notice. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests 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-2814-023.

    Dated: March 11, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-06024 Filed 3-16-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC11-35-000.

    Applicants: NSTAR, Northeast Utilities.

    Description: Informational Filing of Eversource Energy Service Company.

    Filed Date: 2/29/16.

    Accession Number: 20160229-5193.

    Comments Due: 5 p.m. ET 3/22/16.

    Docket Numbers: EC16-83-000.

    Applicants: High Lonesome Mesa Wind Holdings, LLC, High Lonesome Holdings, LLC.

    Description: Amendment to February 29, 2016 Application for Authorization under Section 203 of the Federal Power Act of High Lonesome Holdings, LLC, et al.

    Filed Date: 3/10/16.

    Accession Number: 20160310-5212.

    Comments Due: 5 p.m. ET 3/21/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-69-000.

    Applicants: Roswell Solar, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Roswell Solar, LLC.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5047.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: EG16-70-000.

    Applicants: Chaves County Solar, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Chaves County Solar, LLC.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5050.

    Comments Due: 5 p.m. ET 4/1/16.

    Take notice that the Commission received the following electric rate filings:.

    Docket Numbers: ER13-96-008.

    Applicants: Black Hills Power, Inc.

    Description: Compliance filing: Compliance Filing to Correct eTariff Record to be effective 10/1/2015.

    Filed Date: 3/10/16.

    Accession Number: 20160310-5184.

    Comments Due: 5 p.m. ET 3/31/16.

    Docket Numbers: ER13-97-008.

    Applicants: Black Hills/Colorado Electric Utility Co.

    Description: Compliance filing: Compliance Filing to Correct eTariff Record to be effective 10/1/2015.

    Filed Date: 3/10/16.

    Accession Number: 20160310-5185.

    Comments Due: 5 p.m. ET 3/31/16.

    Docket Numbers: ER13-120-008.

    Applicants: Cheyenne Light, Fuel and Power Company.

    Description: Compliance filing: Compliance Filing to Correct eTariff Record to be effective 10/1/2015.

    Filed Date: 3/10/16.

    Accession Number: 20160310-5186.

    Comments Due: 5 p.m. ET 3/31/16.

    Docket Numbers: ER15-1218-002; ER15-2224-001.

    Applicants: Solar Star California XIII, LLC, Solar Star Colorado III, LLC.

    Description: Notice of Non-Material Change in Status of Solar Star California XIII, LLC and Solar Star Colorado III, LLC.

    Filed Date: 3/10/16.

    Accession Number: 20160310-5206.

    Comments Due: 5 p.m. ET 3/31/16.

    Docket Numbers: ER16-168-002.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing: NYISO compliance re: unauthorized natural gas use to be effective 2/18/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5051.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-532-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Compliance filing: Compliance Filing per 2/12/16 Order in Docket No. ER16-532 to be effective 2/15/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5197.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-917-001; ER14-2458-001; ER11-3013-005; ER10-2872-005; ER10-2870-006; ER10-2868-005; ER10-2865-006; ER10-2860-007.

    Applicants: TC Ironwood LLC, TransCanada Power Marketing Ltd, TransCanada Energy Sales Ltd., TC Ravenswood, LLC, TransCanada Maine Wind Development Inc., TransCanada Hydro Northeast Inc., Ocean State Power LLC, Coolidge Power LLC.

    Description: Amendment to March 2, 2016 Notice of Non-Material Change in Status of TransCanada MBR Sellers.

    Filed Date: 3/8/16.

    Accession Number: 20160308-5148.

    Comments Due: 5 p.m. ET 3/18/16.

    Docket Numbers: ER16-1135-000.

    Applicants: Healthy Planet Partners Energy Company, LLC.

    Description: Tariff Cancellation: MBRA Amendment Cancellation to be effective 3/31/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5007.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1136-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1154R12 Associated Electric Cooperative NITSA and NOA to be effective 3/1/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5049.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1138-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Request of PJM Interconnection, L.L.C. for Limited Tariff Waiver and Expedited Treatment.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5083.

    Comments Due: 5 p.m. ET 03/21/16.

    Docket Numbers: ER16-1142-000.

    Applicants: Innovative Solar 43, LLC.

    Description: Tariff Cancellation: Innovative Solar 43, LLC Notice of Cancellation to be effective 3/12/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5148.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1143-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of Beech Ridge II ISA No. 3087, Queue No. M24 to be effective 5/2/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5157.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1144-000.

    Applicants: PacifiCorp.

    Description: Tariff Cancellation: Termination of PAC Energy Construction Agmt—Paisley to be effective 5/11/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5165.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1145-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Service Agreement No. 4173; Queue Position Z1-066 to be effective 2/10/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5182.

    Comments Due: 5 p.m. ET 4/1/16.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES16-24-000.

    Applicants: MidAmerican Energy Company.

    Description: Application of MidAmerican Energy Company pursuant to Section 204 of the Federal Power Act.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5039.

    Comments Due: 5 p.m. ET 4/1/16.

    Docket Numbers: ER16-1146-000.

    Applicants: Union Power Partners, L.P.

    Description: Tariff Cancellation: Notice of Termination for Rate Schedule FERC No. 2 to be effective 3/3/2016.

    Filed Date: 3/11/16.

    Accession Number: 20160311-5207.

    Comments Due: 5 p.m. ET 4/1/16.

    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: March 11, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-06021 Filed 3-16-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2015-0841; FRL-9941-93] Request for Applications; Third-Party Chemical/Product Profilers for the Safer Choice Program AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Safer Choice Program reduces pollution and potential risk at its source by setting criteria that product manufacturers must meet to qualify to use the Safer Choice label. The Safer Choice label helps consumers, businesses, and purchasers find products with ingredients that perform well and are safer for human health and the environment. To earn the Safer Choice label, products and their ingredients must meet the established Safer Choice Standard and safer chemical criteria. Third-party profilers (TPP) review the candidate's products against Safer Choice standards and criteria, collect performance information, and develop chemical profiles. EPA is seeking additional third-party profilers to help the Safer Choice Program meet the growing consumer demand for safer products carrying the Safer Choice label. Entities that are interested in serving as Safer Choice third-party profilers should submit an application for EPA consideration. Qualified applicants will be asked to sign a memorandum of understanding (MOU), formalizing their commitment to support the Safer Choice Program's human and environmental health protection mission.

    DATES:

    Applications may be submitted at any time; however, to be considered for qualification as a third-party profiler in 2016, applications must be received by May 16, 2016.

    ADDRESSES:

    Submit your application identified by docket identification (ID) number EPA-HQ-OPPT-2015-0841, by one of following methods:

    Mail: Safer Choice TPP Application, c/o Abt Associates, Inc., Attn: Klara Zimmerman, 4550 Montgomery Avenue, Suite 800 North, Bethesda, MD 20814-5341.

    Phone: (301) 634-1722.

    Docket: Submit to the docket ID number EPA-HQ-OPPT-2015-0841.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please contact Tony Thompson (FOR FURTHER INFORMATION CONTACT). Additional instructions on commenting or visiting the docket, along with more information about dockets generally is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Tony Thompson, Chemistry, Economics and Sustainable Strategies Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-2296; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information

    To help the Safer Choice program meet the growing consumer demand for safer products carrying the Safer Choice label, EPA is actively soliciting applications for additional Safer Choice third-party profilers. Entities that are interested in serving as a Safer Choice third-party profiler should review the Safer Choice standards and criteria and other program materials available at http://www.epa.gov/saferchoice to determine whether they should apply.

    For a candidate to qualify and fully participate in the Safer Choice Program, Safer Choice expects and TPPs should address how they would approach or undertake each of the following activities:

    1. Supporting the Safer Choice Program. Safeguard and uphold the integrity, quality, and trustworthiness of the Safer Choice product and chemical-evaluation processes, program, and label, including development of strong and effective working relationships with the Safer Choice staff.

    2. Meeting and Maintaining the TPP Provisions in the Safer Choice Standard. Satisfy the provisions of the Safer Choice Standard, section 7—“Profiler Requirements,” which include technical competence in chemical hazard and fate reviews; staffing with experts in the various profiling disciplines; facility with toxicological models and estimation tools; program managerial skills; credibility and good standing; and success at a pilot review that simulates an actual product evaluation. (See the Safer Choice Standard at http://www2.epa.gov/saferchoice/safer-choice-standard.)

    3. Following the Procedures in the Safer Choice TPP Handbook. Use the Third-Party Profiler Handbook/Guidance Manual to inform its profiling activities, including, for example, searching the approved set of data sources; digesting the key, distinguishing hazard data; and preparing a dossier on each chemical ingredient in a candidate product.

    Beyond regular oversight, the TPP will conduct annual partner surveillance, including triennial on-site audits, to ensure compliance with program requirements. (See the Third- Party Profiler Handbook; contact Tony Thompson at [email protected]gov or (202) 564-2296 for details.)

    4. Submitting to Performance Review. In addition to regular feedback and recommendations from Safer Choice staff, engage in annual performance reviews, and once every 5 years, a full performance evaluation, which will culminate in a Safer Choice decision on whether the TPP retains its status as a qualified TPP.

    5. Adopting and Using the Safer Choice Data System. Use the Safer Choice data system (known as the Safer Choice Community) to manage all Safer Choice product review and partnership activities, including purchase and maintenance of the necessary computer hardware and system licenses. (For more information, see the TPP Handbook.)

    6. Performing Supplemental Duties. Fulfill other requests and functions related to its TPP duties that may arise from time to time, as needed.

    7. Adhering to Good Business Practices. Demonstrate and follow good business practices in dealing with companies working with Safer Choice. Good business practices include: Offering open access to your services to legitimate potential clients; adopting and implementing customer service standards; and avoiding potential conflicts of interest.

    8. Signing a Memorandum of Understanding. Qualified applicants will be asked to sign a MOU, formalizing their commitment to serve as a TPP and support the Safer Choice Program's human and environmental health protection mission. (See the boilerplate MOU in the docket ID number EPA-HQ-OPPT-2015-0841.)

    II. Instructions for Applicants A. How to Submit an Application

    Applicants for Safer Choice Third Party Profiler must complete an application form, available in the docket ID number EPA-HQ-OPPT-2015-0841. To be considered in the 2016 selection cycle, completed applications must be submitted to Safer Choice via one of the means listed under ADDRESSES and by the deadline listed under DATES indicated in this notice.

    B. Requirements for Submitting Business Proprietary Information

    Clearly mark the part or all of the information that you claim to be business proprietary. In addition to one complete version of the application that includes information claimed as proprietary, a copy of the application that does not contain the proprietary information must be submitted. Information marked as business proprietary will not be disclosed except in accordance with the procedures set forth in 40 CFR part 2.

    III. Selection of Safer Choice Third-Party Profilers

    Safer Choice will review and evaluate all applications based on the TPP qualifications enumerated in this notice. From the applications submitted for the 2016 TPP cycle, the program will select up to two best-qualified candidates to participate in trial product reviews. After successful completion of these reviews—during which the program will assist the candidate in orienting to the process and gaining competency—the candidate will be a qualified Safer Choice TPP. The new TPP will be asked to sign the Safer Choice-TPP memorandum of understanding and, following signature, may accept clients and begin its service to the program.

    The quality and integrity of the Safer Choice label rests on active program engagement with and oversight of our profilers. Safer Choice plans to add up to two new TPPs this year, doubling its pool of profilers, based on the program's ability to assimilate, train, and oversee the new TPPs while maintaining its other program functions. Safer Choice will continually evaluate its ability to bring on additional TPPs.

    All qualified TPPs will be listed in and accessible via the Safer Choice Community, the data system product manufacturers use to apply for the Safer Choice label.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: March 9, 2016. Wendy C. Hamnett, Director, Office of Pollution Prevention and Toxics.
    [FR Doc. 2016-06052 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2013-0677; FRL-9943-57] Receipt of Test Data Under the Toxic Substances Control Act AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA is announcing its receipt of test data submitted pursuant to a test rule issued by EPA under the Toxic Substances Control Act (TSCA). As required by TSCA, this document identifies each chemical substance and/or mixture for which test data have been received; the uses or intended uses of such chemical substance and/or mixture; and describes the nature of the test data received. Each chemical substance and/or mixture related to this announcement is identified in Unit I. under SUPPLEMENTARY INFORMATION.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Kathy Calvo, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8089; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Chemical Substances and/or Mixtures

    Information about the following chemical substance and/or mixture is provided in Unit IV.:

    D-erythro-hex-2-enonic acid, gamma-lactone, monosodium salt (CAS RN 6381-77-7).

    II. Federal Register Publication Requirement

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a notice in the Federal Register reporting the receipt of test data submitted pursuant to test rules promulgated under TSCA section 4 (15 U.S.C. 2603).

    III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-HQ-OPPT-2013-0677, has been established for this Federal Register document that announces the receipt of data. Upon EPA's completion of its quality assurance review, the test data received will be added to the docket for the TSCA section 4 test rule that required the test data. Use the docket ID number provided in Unit IV. to access the test data in the docket for the related TSCA section 4 test rule.

    The docket for this Federal Register document and the docket for each related TSCA section 4 test rule is available electronically at http://www.regulations.gov or in person at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

    IV. Test Data Received

    This unit contains the information required by TSCA section 4(d) for the test data received by EPA.

    D-erythro-hex-2-enonic acid, gamma-lactone, monosodium salt (CAS RN 6381-77-7).

    1. Chemical Uses: Antioxidant in food applications for which the vitamin activity of ascorbic acid (Vitamin C) is not required. Specifically, the compound is most frequently used to develop and retain the coloring and taste in meat products. It is also used for seafood products, fruit, and vegetable preservation, in beverages, and as a developing agent in photographic applications.

    2. Applicable Test Rule: Chemical testing requirements for second group of high production volume chemicals (HPV2), 40 CFR 799-5087.

    3. Test Data Received: The following listing describes the nature of the test data received. The test data will be added to the docket for the applicable TSCA section 4 test rule and can be found by referencing the docket ID number provided. EPA reviews of test data will be added to the same docket upon completion.

    Aquatic Toxicity Study (Algae) (C1). The docket ID number assigned to this data is EPA-HQ-OPPT-2007-0531.

    V. Correction

    In the previous Federal Register notice published February 8, 2016 (81 FR 6511) (FRL-9942-65) in the heading, the Docket Number was listed incorrectly. The correct Docket Number is: EPA-HQ-OPPT-2013-0677.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: March 10, 2016. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2016-06053 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0502; FRL—9943-84-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Hospital/Medical/Infectious Waste Incinerators (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NSPS for Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart Ec) (Renewal)” (EPA ICR No. 1730.10, OMB Control No. 2060-0363) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through March 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before April 18, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0502, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: The affected entities are subject to the General Provisions of the NSPS at 40 CFR part 60, subpart A and any changes, or additions to the Provisions specified at 40 CFR part 60, subpart Ec. Owners or operators of the affected facilities must make an initial notification, performance tests, periodic reports, and maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports are also required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Hospital/medical/infectious waste incinerators.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart Ec).

    Estimated number of respondents: 8 (total).

    Frequency of response: Initially, occasionally, semiannually and annually.

    Total estimated burden: 5,670 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $972,000 (per year), includes $402,000 annualized capital or operation & maintenance costs.

    Changes in the estimates: There is an overall increase in burden in this ICR from the most recently approved ICR. This is due to an increase in the estimated number of sources subject to the regulation, and is not caused by program changes. We estimate the industry will continue to grow at the rate of one new source per year. This results in increases in the respondent labor hours, number of responses, and capital/O&M costs.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2016-06046 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9943-81-OEI] Agency Information Collection Activities OMB Responses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This document announces the Office of Management and Budget (OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Kerwin (202) 566-1669, or email at [email protected] and please refer to the appropriate EPA Information Collection Request (ICR) Number.

    SUPPLEMENTARY INFORMATION:

    OMB Responses to Agency Clearance Requests OMB Approvals

    EPA ICR Number 2311.02; Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24 (c)) (Renewal); 40 CFR parts 162 and 166; was approved without change on 10/06/2015; OMB Number 2070-0182; expires on 10/31/2018.

    EPA ICR Number 2326.03; Effluent Guidelines and Standards for the Airport Deicing Category (Renewal); 40 CFR part 449; was approved without change on 10/06/2015; OMB Number 2040-0285; expires on 10/31/2018.

    EPA ICR Number 1850.07; NESHAP for Primary Copper Smelters (Renewal); 40 CFR part 63, subparts QQQ and A; was approved with change on 10/07/2015; OMB Number 2060-0476; expires on 10/31/2018.

    EPA ICR Number 2289.03; National Volatile Organic Compound (VOC) Emission Standards for Aerosol Coatings (Renewal); 40 CFR part 59, subpart E; was approved without change on 10/7/2015; OMB Number 2060-0617; expires on 10/31/2018.

    EPA ICR Number 2458.02; Fuel Use Requirements for Great Lakes Steamships (Renewal); 40 CFR part 1043; was approved without change on 10/7/2015; OMB Number 2060-0679; expires on 10/31/2018.

    EPA ICR Number 1805.07; NESHAP for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills (Renewal); 40 CFR part 63, subparts MM and A; was approved without change on 10/7/2015; OMB Number 2060-0377; expires on 10/31/2018.

    EPA ICR Number 1432.31; Recordkeeping and Periodic Reporting of the Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Renewal); 40 CFR part 82; was approved without change on 10/9/2015; OMB Number 2060-0170; expires on 10/31/2018.

    EPA ICR Number 1773.11; NESHAP for Hazardous Waste Combustors (Renewal); 40 CFR part 63, subpart EEE; 40 CFR parts 63.5, 63.6, 63.7, 63.8, 63.9, 63.1204, 63.1205, 63.1206, 63.1207, 63.1209; was approved without change on 10/13/2015; OMB Number 2050-0171; expires on 10/31/2018.

    EPA ICR Number 0959.15; Facility Ground-Water Monitoring Requirements (Renewal); 40 CFR parts 264, 264.98, 264.99, 264.1, 265; was approved without change on 10/13/2015; OMB Number 2050-0033; expires on 10/31/2018.

    EPA ICR Number 1710.07; Residential Lead-Based Paint Hazard Disclosure Requirements (Renewal); 40 CFR part 745, 40 CFR part 75, subpart F, and 24 CFR part 35; was approved without change on 10/14/2015; OMB Number 2070-0151; expires on 10/31/2018.

    EPA ICR Number 1884.08; Partial Update of the TSCA Sec. 8(b) Inventory Database, Production and Site Reports (Chemical Data Reporting) (Revision); 40 CFR part 711; was approved without change on 10/14/2015; OMB Number 2070-0162; expires on 10/31/2018.

    EPA ICR Number 1360.13; Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal); 40 CFR parts 280 and 281; was approved with change on 10/14/2015; OMB Number 2050-0068; expires on 10/31/2018.

    EPA ICR Number 1597.11; Requirements and Exemptions for Specific RCRA Wastes (Renewal); 40 CFR part 266, subpart N; 40 CFR parts 273.14-15, 273.8, 260.23, 273.18, 273.34-35, 273.61-62, 273.38-39, 279.10-11, 273.32, 279.42-44, 279.52-55, 279.57, 279.63, and 279.82; was approved without change on 10/19/2015; OMB Number 2050-0145; expires on 10/31/2018.

    EPA ICR Number 0820.13; Hazardous Waste Generator Standards (Renewal); 40 CFR parts 265.192, 265.193, 265.196, 265.191, 262.34, 262.40(c), 262.43, 262.44(c), 262.53-57, 262.60, 265.190, 264, 262, and 265; was approved with change on 10/19/2015; OMB Number 2050-0035; expires on 10/31/2018.

    EPA ICR Number 2391.03; Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Renewal); 40 CFR parts 51, 75, 96 and 97; was approved without change on 10/26/2015; OMB Number 2060-0667; expires on 10/31/2018.

    EPA ICR Number 1613.05; Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) Programs (Renewal); 40 CFR part 51, subpart S; was approved without change on 10/27/2015; OMB Number 2060-0252; expires on 10/31/2018.

    Comment Filed

    EPA ICR Number 2515.01; Revised Interpretation of Clean Water Act Tribal Provision (Proposed Rule); 40 CFR parts 131.4(c), 131.8, 123.31-34 and 223.60-62; OMB filed comment on 10/06/2015.

    Courtney Kerwin, Acting Director, Collections Strategies Division.
    [FR Doc. 2016-06045 Filed 3-16-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0248] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before May 16, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0248.

    Title: Section 74.751, Modification of Transmission Systems.

    Form Number: Not applicable.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities; Not-for-profit institutions; State, Local or Tribal Government.

    Number of Respondents and Responses: 400 respondents; 400 responses.

    Estimated Time per Response: 0.50 hours.

    Frequency of Response: On occasion reporting requirement; Recordkeeping requirement.

    Total Annual Burden: 200 hours.

    Total Annual Cost: None.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Section 154(i) of the Communications Act of 1934, as amended.

    Nature and Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: 47 CFR 74.751(a) and (c) require licensees of low power TV or TV translator stations to send written notification to the FCC of equipment changes which may be made at licensee's discretion without the use of a formal application. Section 74.751(d) requires that licensees of low power TV or TV translator stations place in the station records a certification that the installation of new or replacement transmitting equipment complies in all respects with the technical requirements of this section and the station authorization. The notifications and certifications of equipment changes are used by FCC staff to ensure that the equipment changes made are in full compliance with the technical requirements of this section and the station authorizations and will not cause interference to other authorized stations.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-05991 Filed 3-16-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meeting

    Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:24 a.m. on Tuesday, March 15, 2016, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision, corporate, and resolution activities.

    In calling the meeting, the Board determined, on motion of Vice Chairman Thomas M. Hoenig, seconded by Director Richard Cordray (Director, Consumer Financial Protection Bureau), concurred in by Director Thomas J. Curry (Comptroller of the Currency), and Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10).

    Dated: March 15, 2016. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2016-06141 Filed 3-15-16; 4:15 pm] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 1, 2016.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Venkateswararao Alla, Rock Island, Illinois, individually and as trustee of the Revocable Trust Agreements known as: Atlantic Financial Holdings I Trust, the Atlantic Financial Holdings II Trust, the Atlantic Financial Holdings III Trust, and the Atlantic Financial Holdings IV Trust, all of Rock Island, Illinois; and acting in concert with Rajesh Alla, Rakesh Alla, both of Rock Island, Illinois, and Suresh Alla, Moline, Illinois; to acquire additional voting shares of Ambank Holdings, Inc., and thereby indirectly acquire additional voting shares of American Bank and Trust Company, N.A., both in Davenport, Iowa.

    B. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Larry Mulcahy, Olathe, Kansas; to acquire voting shares of Roxbury Bancshares, Inc., and thereby indirectly acquire voting shares of Roxbury Bank, both in Roxbury, Kansas.

    Board of Governors of the Federal Reserve System, March 14, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-06031 Filed 3-16-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY:

    Board of Governors of the Federal Reserve System.

    SUMMARY:

    On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), to approve of and assign OMB numbers to collection of information requests and requirements conducted or sponsored by the Board. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the PRA Submission, supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB number.

    DATES:

    Comments must be submitted on or before May 16, 2016.

    ADDRESSES:

    You may submit comments, identified by Reg NN by any of the following methods:

    Agency Web site: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/apps/foia/proposedregs.aspx.

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

    Email: [email protected] Include OMB number in the subject line of the message.

    FAX: (202) 452-3819 or (202) 452-3102.

    Mail: Robert deV. Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551.

    All public comments are available from the Board's Web site at http://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room 3515, 1801 K Street (between 18th and 19th Streets NW.) Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

    Additionally, commenters may send a copy of their comments to the OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235 725 17th Street NW., Washington, DC 20503 or by fax to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB's public docket files, once approved. These documents will also be made available on the Federal Reserve Board's public Web site at: http://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below.

    Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    SUPPLEMENTARY INFORMATION: Request for Comment on Information Collection Proposal

    The following information collection, which is being handled under this delegated authority, has received initial Board approval and is hereby published for comment. At the end of the comment period, the proposed information collection, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following:

    a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve's functions, including whether the information has practical utility;

    b. The accuracy of the Federal Reserve's estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;

    c. Ways to enhance the quality, utility, and clarity of the information to be collected;

    d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    e. Estimates of capital or start up costs and costs of operation, maintenance, and purchase of services to provide information.

    Proposal to approve under OMB delegated authority the extension for three years, without revision, of the following report:

    1. Collection title: Reporting, Recordkeeping, and Disclosure Requirements Associated with Regulation NN.

    Agency form number: Reg NN.

    OMB control number: 7100-0353.

    Frequency: On occasion.

    Reporters: Banking organizations seeking to engage in off-exchange transactions in foreign currency with retail customers.

    Estimated annual burden hours: 1,972 hours.

    Estimated average hours per response: Reporting, 16 hours; Recordkeeping, 183 hours; Disclosure, 787 hours.

    Number of respondents: 2.

    General description of report: This information collection is required by the Commodity Exchange Act (7 U.S.C. Section 2(c)(2)(E)), the Federal Reserve Act (12 U.S.C. Sections 248 and 321-338), the Federal Deposit Insurance Act (12 U.S.C. Section 1818), the International Banking Act (12 U.S.C. Section 3108), and Regulation NN (12 CFR part 240). The information collection is mandatory. The reported data are regarded as confidential under the Freedom of Information Act (5 U.S.C. Section 552(b)(4)).

    Abstract: The reporting requirements associated with Regulation NN are found in section 240.4; the recordkeeping requirements are found in sections 240.7, 240.9, and 240.13(a); and the disclosure requirements are found in sections 240.5, 240.6, 240.10, 240.13b-d, 240.15, and 240.16. These requirements permit banking organizations under the Federal Reserve's supervision to engage in off-exchange transactions in foreign currency with retail customers and to describe various requirements with which banking organizations must comply to conduct such transactions.

    Current Actions: The Federal Reserve proposes to extend, without revision, the clearance for Reg NN.

    Board of Governors of the Federal Reserve System, March 14, 2016. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2016-06040 Filed 3-16-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 15, 2016.

    A. Federal Reserve Bank of Philadelphia (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521. Comments can also be sent electronically to [email protected]:

    1. FSB Community Bancshares, MHC, and FSB Community Bancshares, both in Fairport, New York; to convert to stock form and form a de novo bank holding company, FSB Bancorp, Inc., Fairport, New York, in connection with the acquisition of 100 percent of the voting shares of Fairport Savings Bank, Fairport, New York.

    B. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566. Comments can also be sent electronically to [email protected]:

    1. Huntington Bancshares, Inc., Columbus, Ohio; to acquire FirstMerit Corporation, Akron, Ohio, and thereby indirectly acquire FirstMerit Bank, NA, Akron, Ohio. Huntingtown West Subsidiary Corporation, a de novo subsidiary of Huntington, will merge with FirstMerit, which will then merge into Huntington.

    C. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

    1. Stockgrowers State Bank Employee Stock Ownership Plan, Ashland, Kansas; to acquire at least an additional 3 percent, for a total of 38 percent of the voting shares of Stockgrowers State Bank, Ashland, Kansas, and Peoples Bank, Coldwater, Kansas.

    Board of Governors of the Federal Reserve System, March 14, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-06033 Filed 3-16-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461 et seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a savings association and nonbanking companies owned by the savings and loan 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 application also will 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 HOLA (12 U.S.C. 1467a(e)). 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 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). 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 April 15, 2016.

    A. Federal Reserve Bank of St. Louis (David L. Hubbard, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to [email protected]:

    1. Best Hometown Bancorp, Inc., Collinsville, Illinois; to become a savings and loan holding company by acquiring 100 percent of the voting shares of Home Federal Savings and Loan Association of Collinsville, Collinsville, Illinois.

    Board of Governors of the Federal Reserve System, March 14, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-06032 Filed 3-16-16; 8:45 am] BILLING CODE 6210-01-P
    GOVERNMENT ACCOUNTABILITY OFFICE Comptroller General's Advisory Council on Government Auditing Standards; Notice of Meeting

    The Advisory Council on Government Auditing Standards will meet Tuesday, April 19, 2016, from 9:00 a.m. to 3:15 p.m., in the Staats Briefing Room (7C13) of the U.S. Government Accountability Office building, 441 G Street NW., Washington, DC.

    The Advisory Council on Government Auditing Standards will hold a meeting to discuss updates and revisions of the 2011 Revision of Government Auditing Standards. The meeting is open to the public. Members of the public will be provided an opportunity to address the Council with a brief (five-minute) presentation in the afternoon on matters directly related to the proposed update and revision.

    Any interested person who plans to attend the meeting as an observer must contact Cecil Davis, Engagement Operations Assistant, 202-512-9362. A form of picture identification must be presented to the GAO Security Desk on the day of the meeting to obtain access to the GAO building. You must enter the building at the G Street entrance. For further information, please contact Ms. Davis. The meeting agenda will be available upon request one week before the meeting.

    [Pub. L. 67-13, 42 Stat. 20 (June 10, 1921).] James R. Dalkin, Director, Financial Management and Assurance.
    [FR Doc. 2016-06051 Filed 3-16-16; 8:45 am] BILLING CODE 1610-02-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Request for Nominations of Candidates To Serve on the Advisory Committee on Breast Cancer in Young Women (ACBCYW)

    The Centers for Disease Control and Prevention (CDC) is soliciting nominations for possible membership on the Advisory Committee on Breast Cancer in Young Women (ACBCYW).

    The Committee provides advice and guidance to the Secretary, Department of Human Services (HHS); the Assistant Secretary for Health; and the Director, CDC, regarding the formative research, development, implementation and evaluation of evidence-based activities designed to prevent breast cancer (particularly among those at heightened risk) and promote the early detection and support of young women who develop the disease. The advice provided by the Committee will assist in ensuring scientific quality, timeliness, utility, and dissemination of credible appropriate messages and resource materials.

    Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to the accomplishments of the committee's objectives.

    The Secretary, HHS, acting through the Director, CDC, shall appoint to the advisory committee nominees with expertise in breast cancer, disease prevention, early detection, diagnosis, public health, social marketing, genetic screening and counseling, treatment, rehabilitation, palliative care, and survivorship in young women, or in related disciplines with a specific focus on young women. Members may be invited to serve for up to four years. The next cycle of selection of candidates will begin in the Spring of 2016, for selection of potential nominees to replace members whose terms will end on November 30, 2016

    Selection of members is based on candidates' qualifications to contribute to the accomplishment of ACBCYW objectives http://www.cdc.gov/maso/FACM/facmACBCYW.htm. The U.S. Department of Health and Human Services will give close attention to equitable geographic distribution and to minority and female representation so long as the effectiveness of the Committee is not impaired. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, HIV status, disability, and cultural, religious, or socioeconomic status. Consideration is given to a broad representation of geographic areas within the U.S., with diverse representation of both genders, ethnic and racial minorities, and persons with disabilities. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Candidates should submit the following items:

    Current curriculum vitae or resume, including complete contact information (name, affiliation, mailing address, telephone numbers, fax number, email address); A 150 word biography for the nominee; At least one letter of recommendation from a person(s) not employed by the U.S. Department of Health and Human Services. Candidates may submit letter(s) from current HHS employees if they wish, but at least one letter must be submitted by a person not employed by HHS.

    Nominations should be submitted (postmarked or received) by April 25, 2016.

    Electronic submission: You may submit nominations, including attachments, electronically to [email protected]

    Regular, Express or Overnight Mail: Written nominations may be submitted to the following addressee only: Temeika L. Fairley, Ph.D., c/o ACBCYW Designated Federal Officer, CDC, 4770 Buford Highway NE., Mailstop F-76, Atlanta, Georgia 30341.

    Telephone and facsimile submissions cannot be accepted. Nominations may be submitted by the candidate or by the person/organization recommending the candidate.

    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.

    Elaine Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-06025 Filed 3-16-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Healthcare Infection Control Practices Advisory Committee (HICPAC)

    Correction: This notice was published in the Federal Register on February 25, 2016, Volume 81, Number 37, Page 9477. The meeting time and date should read as follows:

    9:00 a.m.-6:00 p.m., EDT, March 31, 2016

    Contact Person for More Information: Erin Stone, M.S., Division of Healthcare Quality Promotion, National Center for Emerging and Zoonotic Infectious Diseases, CDC, 1600 Clifton Road NE., Mailstop A-07, Atlanta, Georgia 30333; Telephone (404) 639-4045, Email: [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.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-06027 Filed 3-16-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-16-0010; Docket No. CDC-2016-0030] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, 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. This notice invites comment on the “Birth Defects Study To Evaluate Pregnancy exposureS (BD-STEPS)”. The purpose of BD-STEPS is to identify modifiable maternal exposures in pregnancy that may increase the risk for having a pregnancy affected by certain major, structural birth defects.

    DATES:

    Written comments must be received on or before May 16, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2016-0030 by any of the following methods:

    Federal eRulemaking Portal: Regulation.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (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; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. 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.

    Proposed Project

    Birth Defects Study To Evaluate Pregnancy exposureS (BD-STEPS)(formerly titled The National Birth Defects Prevention Study (NBDPS)), (OMB Control No. 0920-0010, Expiration 01/31/2017)—Revision—National Center on Birth Defects and Developmental Disabilities (NCBDDD), Centers for Disease Control and Prevention (CDC)

    Background and Brief Description

    CDC has been monitoring the occurrence of serious birth defects and genetic diseases in Atlanta since 1967 through the Metropolitan Atlanta Congenital Defects Program (MACDP). The MACDP is a population-based surveillance system for birth defects currently covering three counties in Metropolitan Atlanta.

    Since 1997, CDC has funded case-control studies of major birth defects that utilize existing birth defect surveillance registries (including MACDP) to identify cases and study birth defects causes in participating states/municipalities across the United States.

    The current study, BD-STEPS, is a case-control study that is similar to the previous CDC-funded birth defects case-control study, NBDPS, which stopped interviewing participants in 2013. As with NBDPS, BD-STEPS' control group infants are randomly selected from birth certificates or birth hospital records; mothers of case and control group infants are interviewed using a computer-assisted telephone interview.

    The results from NBDPS have improved understanding of the causes of birth defects. Over 200 articles have been written in professional journals using the data from NBDPS, and BD-STEPS data will soon be added to NBDPS data for analysis. The current BD-STEPS revision is an addition to the study population for two BD-STEPS Centers. Specifically, in these two Centers mothers of stillbirths without major birth defects will be added to the study population for BD-STEPS and mothers of all stillbirths (with and without birth defects) and all controls in these two Centers will be asked to participate in a supplemental telephone interview.

    The BD-STEPS interview takes approximately forty-five minutes to complete (the burden estimate includes both the introductory telephone script/consent and questionnaire). For five Centers, a maximum of 275 interviews are planned per year per center, 200 cases and 75 controls; for the two Centers participating in additional stillbirth interviews, 495 interviews are planned per center, 200 cases with birth defects, 75 controls, and 220 stillbirths without birth defects. With seven centers planned, the maximum interview burden for all centers combined would be approximately 1,774 hours. Mothers in five of the seven BD-STEPS Centers will also be asked to provide consent for the study to access previously collected infant bloodspots. It takes approximately 15 minutes to read, sign and return the informed consent for retrieval of bloodspots. For approximately one fifth of participants, some medical records review will be conducted. The medical records release form takes participants approximately 15 minutes to read, sign and return. In addition, it takes approximately 30 minutes for each medical record reviewer to conduct the review and send the medical record. The online questionnaire will be offered to approximately one third of participants who report certain occupations during the telephone interview; these participants will be asked to complete additional occupational questions via a Web site which will take approximately 20 minutes to answer. In addition, in two Centers, mothers of stillbirths with and without birth defects and controls will be asked to participate in a supplemental telephone interview that will take approximately 25 minutes to complete.

    Information gathered from both the interviews and the Deoxyribonucleic acid specimens has been and will continue to be used to study independent genetic and environmental factors as well as gene-environment interactions for a broad range of carefully classified birth defects.

    This request is submitted to revise the previously estimated burden details and to request OMB clearance for three additional years. The total estimated annual burden hours are 3,034.

    There are no costs to the respondents other than their time.

    Estimates of Annualized Burden Hours Respondents Activity Number of
  • respondents
  • Number of responses per respondent Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Mothers (interview) Telephone consent and BD-STEPS questionnaire 2,365 1 45/60 1,774 Mothers (consent for bloodspot retrieval) Written consent for bloodspot retrieval 1,375 1 15/60 344 Mothers (online occupational questionnaire) Online Occupational Questionnaire 790 1 20/60 263 Mothers (consent for medical records review) Written release for medical records review 475 1 15/60 119 Records reviewers (medical records review) Pulling and sending records 475 1 30/60 238 Mothers of all AR/MA stillbirths and controls (supplemental telephone interview) Telephone consent and supplemental questionnaire 710 1 25/60 296 Total 3,034
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-05949 Filed 3-16-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Committee to the Director (ACD), Centers for Disease Control and Prevention (CDC)

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the following meeting of the aforementioned committee:

    Time and Date: 8:30 a.m.-3:00 p.m., EDT, April 21, 2016.

    Place: CDC, Building 19, Global Communications Center, Auditorium B3, 1600 Clifton Road NE., Atlanta, Georgia 30329.

    Status: Open to the public, limited only by the space and phone lines available. The meeting room accommodates approximately 50 people. Advance registration for in-person participation is required by April 7, 2016. The public is welcome to participate during the public comment period, which is tentatively scheduled from 2:40 p.m. to 2:45 p.m. This meeting will also be available by teleconference. Please dial (877) 930-8819 and enter code 1579739.

    Web links:

    Windows Media: http://wm.onlinevideoservice.com/CDC1.

    Flash: http://www.onlinevideoservice.com/clients/CDC/?mount=CDC3.

    Smart Phone and Mobile Devices: http://wowza01.sea.onlinevideoservice.com/live/CDC3/playlist.m3u8.

    If you are unable to connect using the link, copy and paste the link into your web browser. For technical support please call: (404) 639-3737.

    Purpose: The Advisory Committee to the Director, CDC, shall advise the Secretary, HHS, and the Director, CDC, on policy and broad strategies that will enable CDC to fulfill its mission of protecting health through health promotion, prevention, and preparedness. The committee recommends ways to prioritize CDC's activities, improve results, and address health disparities. It also provides guidance to help CDC work more effectively with its various private and public sector constituents to make health protection a practical reality.

    Matters for Discussion: The Advisory Committee to the Director will receive updates from the State, Tribal, Local and Territorial Subcommittee; the Health Disparities Subcommittee, the Ethical Considerations for Public Private Partnerships Workgroup, the Global Workgroup, the Internal and External Laboratory Safety Workgroups, and the Public Health—Health Care Collaboration Workgroup, as well as an update from the CDC Director.

    Agenda items are subject to change as priorities dictate.

    Contact Person for More Information: Carmen Villar, MSW, Designated Federal Officer, ACD, CDC, 1600 Clifton Road NE., M/S D-14, Atlanta, Georgia 30329. Telephone (404) 639-7037, Email: [email protected] The deadline to register for in-person attendance at this meeting is April 7, 2016. To register, please send an email to [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.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2016-06026 Filed 3-16-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0001] Endocrinologic and Metabolic Drugs 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: Endocrinologic and Metabolic Drugs 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 May 25, 2016, from 8 a.m. to 5 p.m.

    Location: FDA White Oak Campus, Building 31 Conference Center, the Great Room (Rm. 1503), 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    Contact Person: LaToya Bonner, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, [email protected], 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: The committee will discuss the safety and efficacy of new drug application (NDA) 208583 for insulin degludec and liraglutide injection, submitted by Novo Nordisk Inc., for the proposed indication: Adjunct to diet and exercise to improve glycemic control in the treatment of adults with type 2 diabetes mellitus.

    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. Scroll 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 May 10, 2016. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.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 May 2, 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 May 3, 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 physical disabilities or special needs. If you require special accommodations due to a disability, please contact LaToya Bonner 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: March 11, 2016. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2016-05959 Filed 3-16-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0001] Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management 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). At least one portion of the meeting will be closed to the public.

    Name of Committees: Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee.

    General Function of the Committees: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on June 7, 2016, from 8 a.m. to 4 p.m.

    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    Contact Person: Stephanie L. Begansky, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, Fax: 301-847-8533, email: [email protected], 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: The committees will be asked to discuss new drug application (NDA) 207975, hydrocodone bitartrate extended-release tablets, submitted by Teva Branded Pharmaceutical Products R&D, Inc., with the proposed indication of management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate. The product is an extended-release formulation intended to have abuse-deterrent properties based on its physicochemical properties. The committees will be asked to discuss whether the data submitted by the Applicant are sufficient to support labeling of the product with the properties expected to deter abuse.

    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. Scroll down to the appropriate advisory committee meeting link.

    Procedure: On June 7, 2016, from 9:30 a.m. to 4 p.m., the meeting is open to the public. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committees. Written submissions may be made to the contact person on or before May 23, 2016. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.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 May 13, 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 May 16, 2016.

    Closed Committee Deliberations: On June 7, 2016, from 8 a.m. to 9:30 a.m., the meeting will be closed to permit discussion and review of trade secret and/or confidential commercial information (5 U.S.C. 552b(c)(4)). During this session, the committees will discuss the drug development program of an investigational abuse-deterrent opioid product.

    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 Stephanie L. Begansky 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: March 14, 2016. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2016-06017 Filed 3-16-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-1840] Electronic Study Data Submission; Data Standards; Support End Date for Case Report Tabulation Data Definition Specification Version 1.0 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration's (FDA or Agency) Center for Biologics Evaluation and Research (CBER) and Center for Drug Evaluation and Research (CDER) are announcing the end of support for Version 1.0 of Clinical Data Interchange Standards Consortium Case Report Tabulation Data Definition Specification (Define.xml) and an update to the FDA Data Standards Catalog. Use of Define.xml Version 2.0, which has been available since March 2013, is the newer standard supported by FDA. FDA support for Define.xml Version 1.0 will end for studies that start 12 months after March 15, 2017.

    DATES:

    Submit either electronic or written comments at any time.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2014-N-1840 for “Electronic Study Data Submission; Data Standards; Support End Date for Case Report Tabulation Data Definition Specification Version 1.0.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Fatima Frye, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1192, Silver Spring, MD 20993-0002, 301-796-5333, [email protected]; or Jack Zhang, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7318, Silver Spring, MD 20993-0002, 240-402-8187, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    On December 17, 2014, FDA published final guidance for industry “Providing Regulatory Submissions in Electronic Format—Standardized Study Data” (eStudy Data) posted on FDA's Study Data Standards Resources Web page at http://www.fda.gov/forindustry/datastandards/studydatastandards/default.htm. The eStudy Data guidance implements the electronic submission requirements of section 745A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379k-1(a)) for study data contained in new drug applications, abbreviated new drug applications, biologics license applications, and investigational new drug applications submitted to CDER or CBER by specifying the format for electronic submissions. The eStudy Data guidance states that a Federal Register notice will specify the transition date for updates to standards (with the month and day for the transition date corresponding to March 15).

    The transition date for the end of FDA support for Define.xml Version 1.0 is March 15, 2017. Therefore, FDA support for Define.xml Version 1.0 will end for studies that start after March 15, 2018. The FDA Data Standards Catalog (see http://www.fda.gov/forindustry/datastandards/studydatastandards/default.htm) will be updated to list March 15, 2018, as the “date support ends.”

    II. Electronic Access

    Persons with access to the Internet may obtain the referenced material at http://www.fda.gov/forindustry/datastandards/studydatastandards/default.htm.

    Dated: March 10, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-05958 Filed 3-16-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-N-0001] Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management 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). At least one portion of the meeting will be closed to the public.

    Name of Committees: Anesthetic and Analgesic Drug Products Advisory Committee and the Drug Safety and Risk Management Advisory Committee.

    General Function of the Committees: To provide advice and recommendations to the Agency on FDA's regulatory issues.

    Date and Time: The meeting will be held on June 8, 2016, from 8 a.m. to 4 p.m.

    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

    Contact Person: Stephanie L. Begansky, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, email: [email protected], 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: The committees will be asked to discuss new drug application (NDA) 207621, oxycodone hydrochloride and naltrexone hydrochloride extended-release capsules, submitted by Pfizer, Inc., with the proposed indication of management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate. The product is an extended-release formulation intended to have abuse-deterrent properties based on the presence of naltrexone, an opioid antagonist, in the formulation. The committees will be asked to discuss whether the data submitted by the Applicant are sufficient to support labeling of the product with the properties expected to deter abuse.

    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. Scroll down to the appropriate advisory committee meeting link.

    Procedure: On June 8, 2016, from 9:30 a.m. to 4 p.m., the meeting is open to the public. Interested persons may present data, information, or views, orally or in writing, on issues pending before the committees. Written submissions may be made to the contact person on or before May 24, 2016. Oral presentations from the public will be scheduled between approximately 1 p.m. and 2 p.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 May 16, 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 May 17, 2016.

    Closed Committee Deliberations: On June 8, 2016, from 8 a.m. to 9:30 a.m., the meeting will be closed to permit discussion and review of trade secret and/or confidential commercial information (5 U.S.C. 552b(c)(4)). During this session, the committees will discuss the drug development program of an investigational abuse-deterrent opioid product.

    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 Stephanie L. Begansky 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: March 11, 2016. Jill Hartzler Warner, Associate Commissioner for Special Medical Programs.
    [FR Doc. 2016-05999 Filed 3-16-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Advisory Committee on Rural Health and Human Services; Notice of Meeting

    In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting:

    Name: National Advisory Committee on Rural Health and Human Services.

    Date And Time: April 18, 2016, 8:30 a.m.-5:00 p.m., April 19, 2016, 8:30 a.m.-5:15 p.m., April 20, 2016, 8:30 a.m.-11:00 a.m.

    Place: Keyserling Cancer Center, 1680b Ribaut Road, Port Royal, SC 29935, (843) 522-7800.

    Status: The meeting will be open to the public.

    Purpose: The National Advisory Committee on Rural Health and Human Services provides counsel and recommendations to the Secretary with respect to the delivery, research, development, and administration of health and human services in rural areas.

    Agenda: The meeting on Monday, April 18, will be called to order at 8:30 a.m. by the Chairperson of the Committee, the Honorable Ronnie Musgrove. The Committee will examine the issue of Opioid Abuse Disorder in rural areas and alternatives for emergency care in rural communities at risk of losing their hospital. The day will conclude with a period of public comment at approximately 5:00 p.m.

    The Committee will break into Subcommittees and depart for site visits Tuesday morning, April 19, at approximately 8:30 a.m. Subcommittees will visit the Beaufort County Department of Social Services and the Keyserling Cancer Center. The day will conclude at the Keyserling Cancer Center with a period of public comment at approximately 5:00 p.m.

    The Committee will meet to summarize key findings and develop a work plan for the next quarter and the following meeting on Wednesday morning, April 20, at 8:30 a.m. at the Keyserling Cancer Center.

    FOR FURTHER INFORMATION CONTACT:

    Steve Hirsch, MSLS, Administrative Coordinator, National Advisory Committee on Rural Health and Human Services, Health Resources and Services Administration, Parklawn Building, 17W61, 5600 Fishers Lane, Rockville, MD 20857, Telephone (301) 443-0835, Fax (301) 443-2803.

    Persons interested in attending any portion of the meeting should contact Pierre Joseph at the Federal Office of Rural Health Policy (FORHP) via telephone at (301) 945-0897 or by email at [email protected] 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. The Committee meeting agenda will be posted on the Committee's Web site at http://www.hrsa.gov/advisorycommittees/rural/.

    Jackie Painter, Director, Division of the Executive Secretariat.
    [FR Doc. 2016-05998 Filed 3-16-16; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Request for Comments on National Bioethics Advisory Bodies AGENCY:

    Presidential Commission for the Study of Bioethical Issues, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Presidential Commission for the Study of Bioethical Issues is requesting public comment on the role of past, present, and future national bioethics bodies, such as this one, in the United States and elsewhere.

    DATES:

    To ensure consideration, comments must be received by July 1, 2016. Comments received after this date will be considered as time permits.

    ADDRESSES:

    Individuals, groups, and organizations interested in commenting on this topic may submit comments by email to [email protected] or by mail to the following address: Public Commentary, Presidential Commission for the Study of Bioethical Issues, 1425 New York Ave. NW., Suite C-100, Washington, DC 20005.

    FOR FURTHER INFORMATION CONTACT:

    Lisa M. Lee, Executive Director, Presidential Commission for the Study of Bioethical Issues. Telephone: 202-233-3960. Email: [email protected] Additional information may be obtained at http://www.bioethics.gov.

    SUPPLEMENTARY INFORMATION:

    On November 24, 2009, the President established the Presidential Commission for the Study of Bioethical Issues (the Commission) to advise him on bioethical issues generated by novel and emerging research in biomedicine and related areas of science and technology. The Commission is charged with identifying and promoting policies and practices that ensure ethically responsible conduct of scientific research and health care delivery. Undertaking these duties, the Commission seeks to identify and examine specific bioethical, legal, and social issues related to potential scientific and technological advances; examine diverse perspectives and possibilities for international collaboration on these issues; and recommend legal, regulatory, or policy actions as appropriate.

    The Commission will conclude at the end of the Presidential administration, and in its two final meetings will reflect on the past, present, and future of national bioethics advisory bodies. These meetings will include discussion of the role of national advisory bodies in the developing public policy in the United States and elsewhere, and consideration of the future of U.S. national bioethics advisory bodies that might follow.

    The Commission is interested in receiving comments from individuals, groups, and professional communities who wish to join the Commission in reflecting on the past, present, and future of national bioethics advisory bodies in the United States and elsewhere. The Commission is particularly interested in receiving public commentary regarding:

    • The advantages and disadvantages of different models for national bioethics advisory bodies, e.g., standing or temporary, narrowly or broadly focused (examining one topic or issue or a variety of issues);

    • The lessons we can learn from national bodies in other countries to inform how U.S. bodies might work;

    • The influence of national bioethics bodies on bioethics as a field; other academic fields, such as science, medicine, and technology; and public policy;

    • The future of national bioethics advisory groups in the United States.

    To this end, the Commission is inviting interested parties to provide input and advice through written comments. Comments will be publicly available, including any personally identifiable or confidential business information that they contain. Trade secrets should not be submitted.

    Dated: March 1, 2016. Lisa M. Lee, Executive Director, Presidential Commission for the Study of Bioethical Issues.
    [FR Doc. 2016-06015 Filed 3-16-16; 8:45 am] BILLING CODE 4150-06-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: HHS-OS-0945-0003-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for revision of the approved information collection assigned OMB control number #0945-0003, which expires on January 1, 2017. Prior to submitting that ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before May 16, 2016.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 690-6162.

    FOR FURTHER INFORMATION CONTACT:

    Information Collection Clearance staff, [email protected] or (202) 690-6162.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the document identifier HHS-OS-0945-0003-60D for reference.

    Information Collection Request Title: HIPAA Privacy, Security, and Breach Notification Rules, and Supporting Regulations Contained in 45 CFR parts 160 and 164.

    Abstract: This revision does not change any requirements of the HIPAA Privacy, Security, and Breach Notification Rules. Among other updates summarized below, the ICR requests to rename the information collection and incorporate into it the substance of two other information collections (#0945-0004, set to expire on May 31, 2016; and #0945-0001, expiring on September 30, 2016), which then would be discontinued. The ICR addresses the burden on regulated entities for compliance with the information collection requirements of the HIPAA Privacy, Security, and Breach Notification Rules; the voluntary burden on members of the public for obtaining information from covered entities regarding breaches of their protected health information; and the information collection burden on the Office for Civil Rights (OCR) associated with administering aspects of the HIPAA Breach Notification program. Combining the three existing information collections identified above will allow the regulated community, the public, and OCR to more easily view and track the estimated burdens associated with the HIPAA Rules that are administered and enforced by OCR. In addition to combining the ICRs, the proposed updates take into account our experience administering the Rules to more accurately reflect the burdens of compliance with the applicable regulatory requirements; remove the estimated burden of initial compliance with the Omnibus HIPAA Final Rule, because we are well past the compliance dates; and incorporate increases in wages for the job categories that we expect to be involved in compliance activities.

    Need and Proposed Use of the Information: The HIPAA Rules require covered entities, and in many respects their business associates, to protect the privacy and security of individually identifiable health information (called “protected health information” or “PHI”); fulfill individuals' rights under HIPAA with respect to their health information; and provide notification in case of a breach of unsecured protected health information. The information collections associated with these regulatory requirements include documenting and updating policies and procedures for ensuring the privacy and security of individuals' health information, recording compliance activities, providing individuals with a notice of privacy practices and with access to their information upon request, and notifying affected individuals, the Secretary, and in some cases the media of a breach of protected health information.

    Likely Respondents: HIPAA covered entities and business associates (required burden), and individual members of the public affected by breaches of their protected health information (voluntary burden).

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. This includes the time needed to review instructions, to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information, to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information, and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Section Type of respondent Number of
  • respondents
  • Number of
  • responses per respondent
  • Average burden hours per response 1 Total burden hours
    160.204 Process for Requesting Exception Determinations (states or persons) 1 1 16 16 164.308 Risk Analysis—Documentation 1,700,000 2 1 10 17,000,000 164.308 Information System Activity Review—Documentation 1,700,000 12 .75 15,300,000 164.308 Security Reminders—Periodic Updates 1,700,000 12 1 20,400,000 164.308 Security Incidents (other than breaches)—Documentation 1,700,000 52 5 442,000,000 164.308 Contingency Plan—Testing and Revision 1,700,000 1 8 13,600,000 164.308 Contingency Plan—Criticality Analysis 1,700,000 1 4 6,800,000 164.310 Maintenance Records 1,700,000 12 6 122,400,000 164.314 Security Incidents—Business Associate reporting of incidents (other than breach) to Covered Entities 1,000,000 12 20 240,000,000 164.316 Documentation—Review and Update 3 1,700,000 1 6 10,200,000 164.404 Individual Notice—Written and E-mail Notice (drafting) 58,481 4 1 .5 29,240 164.404 Individual Notice—Written and E-mail Notice (preparing and documenting notification) 58,481 1 .5 29,240 164.404 Individual Notice—Written and E-mail Notice (processing and sending) 58,481 5 353 .008 165,150 164.404 Individual Notice—Substitute Notice (posting or publishing) 2,746 6 1 1 2,746 164.404 Individual Notice—Substitute Notice (staffing toll-free number) 2,746 1 5.75 7 15,789 164.404 Individual Notice—Substitute Notice (individuals' voluntary burden to call toll-free number for information) 11,326,440 8 1 .125 9 1,415,805 164.406 Media Notice 267 10 1 1.25 333 164.408 Notice to Secretary (notice for breaches affecting 500 or more individuals) 267 1 1.25 333 164.408 Notice to Secretary (notice for breaches affecting fewer than 500 individuals) 58,215 11 1 1 58,215 164.414 500 or More Affected Individuals (investigating and documenting breach) 267 1 50 13,350 164.414 Less than 500 Affected Individuals (investigating and documenting breach) 2,479 (breaches affecting 10-499 individuals) 1 8 19,832 55,736 (breaches affecting <10 individuals) 1 4 222,944 164.504 Uses and Disclosures—Organizational Requirements 700,000 1 5/60 58,333 164.508 Uses and Disclosures for Which Individual authorization is required 700,000 1 1 700,000 164.512 Uses and Disclosures for Research Purposes 113,524 12 1 5/60 9,460 164.520 Notice of Privacy Practices for Protected Health Information (health plans—periodic distribution of NPPs by paper mail) 100,000,000 13 1 0.25 minutes [1 hour per 240 notices] 416,667 164.520 Notice of Privacy Practices for Protected Health Information (health plans—periodic distribution of NPPs by electronic mail) 100,000,000 1 0.167 minutes [1 hour per 360 notices] 278,333 164.520 Notice of Privacy Practices for Protected Health Information (health care providers—dissemination and acknowledgement) 613,000,000 14 1 3/60 30,650,000 164.522 Rights to Request Privacy Protection for Protected Health Information 20,000 15 1 3/60 1,000 164.524 Access of Individuals to Protected Health Information (disclosures) 200,000 16 1 3/60 10,000 164.526 Amendment of Protected Health Information (requests) 150,000 1 5/60 12,500 164.526 Amendment of Protected Health Information (denials) 50,000 1 5/60 4,166 164.528 Accounting for Disclosures of Protected Health Information 5,000 17 1 3/60 250 Total 921,813,702 1 The figures in this column are averages based on a range. Small entities may require fewer hours to conduct certain compliance activities, particularly with respect to Security Rule requirements, while large entities may spend more hours than those provided here. 2 This estimate includes 700,000 estimated covered entities and 1 million estimated business associates. The Omnibus HIPAA Final Rule burden analysis estimated that there were 1-2 million business associates. However, because many business associates have business associate relationships with multiple covered entities, we believe the lower end of this range is more accurate. 3 This element includes the burden of updating documentation in accordance with the evaluation required by 45 CFR 164.306. Therefore, we do not separately address the burden associated with the evaluation. 4 Total number of breach incidents in 2015. 5 Average number of individuals affected per breach incident in 2015. 6 This number includes all 267 large breaches and all 2,479 breaches affecting 10-499 individuals. As we stated in the preamble to the Omnibus HIPAA Final Rule, although some breaches involving fewer than 10 individuals may require substitute notice, we believe the costs of providing such notice through alternative written means or by telephone is negligible. 7 We again assume that call center staff will spend 5 minutes per call, but now with an average of 4,124 individuals affected by breaches requiring substitute notice. Multiplying these figures results in 5.75 hours per breach. This estimate is much lower than the 46.26 hours per breach requiring substitute notice in our previous estimate, which we believe was the result of an arithmetic error. The estimate of 4,124 individuals being affected by breaches requiring substitute notice results from the assumption that the number of callers to the toll-free number will equal 10% of the sum of all individuals affected by large breaches (113,250,136) and 5% of individuals affected by small breaches (.05 × 285,413 = 14,270). We calculate .10 * (113,250,136 + 14,270) = 11,326,440. 8 As noted in the previous footnote, this number equals 10% of the sum of all individuals affected by large breaches and 5% of individuals affected by small breaches. 9 This number includes 7.5 minutes for each individual who calls: an average of 2.5 minutes to wait on the line/decide to call back and 5 minutes for the call itself. 10 The total number of breaches affecting 500 or more individuals in 2015. 11 The total number of breaches affecting fewer than 500 individuals in 2015. 12 The number of entities who use and disclose protected health information for research purposes. 13 As in our previous submission, we assume that half of the approximately 200,000,000 individuals insured by covered health plans will receive the plan's NPP by paper mail, and half will receive the NPP by electronic mail. 14 We estimate that each year covered health care providers will have first-time visits with 613 million individuals, to whom the providers must give a NPP. 15 We assume covered entities address 20,000 requests for confidential communications or restrictions on disclosures per year. 16 We estimate that covered entities annually fulfill 200,000 requests from individuals for access to their protected health information. 17 We estimate that covered entities annually fulfill 5,000 requests from individuals for an accounting of disclosures of their protected health information.

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Assistant Information Collection Clearance Officer.
    [FR Doc. 2016-05961 Filed 3-16-16; 8:45 am] BILLING CODE 4153-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Announcement of Establishment of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 and Solicitation of Nominations for Membership AGENCY:

    Office of Disease Prevention and Health Promotion, Office of the Assistant Secretary for Health, Office of the Secretary, U.S. Department of Health and Human Services.

    ACTION:

    Notice.

    Authority:

    42 U.S.C. 217a. The Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 is governed by provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U.S.C., App.), which sets forth standards for the formation and use of federal advisory committees.

    SUMMARY:

    The U.S. Department of Health and Human Services (HHS) announces the establishment of the Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 (Committee) and invites nominations for membership.

    DATES:

    Nominations for membership to the Committee must be submitted by 6:00 p.m. ET on April 18, 2016.

    ADDRESSES:

    Nominations should be submitted by email to [email protected] Alternatively, nominations may also be sent to the following address: Emmeline Ochiai; U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion; 1101 Wootton Parkway, Suite LL-100; Rockville, MD 20852; Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Designated Program Official, Emmeline Ochiai; U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion;1101 Wootton Parkway, Suite LL-100; Rockville, MD 20852; Email: [email protected] Additional information is available at www.healthypeople.gov.

    SUPPLEMENTARY INFORMATION:

    Each decade since 1979, HHS has published a comprehensive set of national public health objectives. Known as Healthy People, this initiative has been grounded in the notion that setting science-based, measurable objectives and monitoring progress can motivate action. As HHS prepares to produce objectives for the next decade, it seeks the assistance of a federal advisory committee to help ensure that those objectives are salient and science-based. The Committee will provide relevant and objective advice through an open process that fosters the cooperation and commitment from both the public and private sectors.

    The Committee will be established to provide independent advice based on current scientific evidence for use by the HHS Secretary (the Secretary) or her designee in the development of Healthy People 2030. The Committee will advise the Secretary on HHS' approach for Healthy People 2030. Framed around health determinants and risk factors, this approach will generate a focused set of objectives that address high-impact public health challenges. The Committee will perform the single, time-limited task of providing advice regarding creating Healthy People 2030. The Committee will advise the Secretary on the Healthy People 2030 mission statement, vision statement, framework, and organizational structure. The Committee will provide advice on HHS' selection criteria for identifying a focused set of measurable, nationally representative objectives. The selection criteria will assist the Secretary in defining the objectives that represent the most critical public health issues that are high-impact priorities supported by current, national data sets.

    The Committee will meet, at a minimum, one time per year. It is expected to begin meeting in fall of 2016 and to meet approximately four times per year during the course of its operation. Pursuant to FACA, meetings will be open to the public except as determined otherwise by the Secretary or her designee in keeping with all applicable laws.

    Individuals selected for appointment to the Committee will be invited to serve as members until the charter expires or the Committee accomplishes its mission. Unless renewed, the charter will expire two years from the date it is established. The Committee will operate until its report is delivered to the Secretary or the charter expires, whichever comes first.

    Prospective members of the Committee should be nationally known experts in the fields of disease prevention and health promotion. The membership may include former Assistant Secretaries for Health. Expertise is sought in specific specialty areas such as biostatistics, business, epidemiology, health communications, health economics, health information technology, health policy, health sciences, health systems, international health, outcomes research, public health law, social determinants of health, special populations, and state and local public health and from a variety of public, private, philanthropic, and academic settings. Individuals will be selected to serve as Committee members based upon their qualifications, level of expertise and knowledge, and ability to contribute to the work to be performed by the Committee. Individuals will not be appointed to serve as members of the Committee to represent the viewpoints of any specific group. Rather members will be selected to represent balanced viewpoints of the current scientific evidence sought by the Secretary to meet the Committee's charge.

    Nominations: HHS will consider nominations, including self-nominations, for Committee membership of individuals qualified to carry out the above-mentioned duties. The following information should be included in the package of materials submitted for each individual being nominated for consideration: (1) The name, address, daytime telephone number, and email address of the nominator (if applicable), and the individual being nominated; (2) a letter of nomination that clearly states the name and affiliation of the nominee, the basis for the nomination (i.e., specific attributes which qualify the nominee for service in this capacity), and a statement from the nominee that the nominee is willing to serve as a member of the Committee; and (3) a current copy of the nominee's curriculum vitae (CV) no more than 10 pages in length. Inclusion of the following is requested in the CV: (1) Current and/or past grant awards; (2) publications showing both breadth and experience in areas of specialization; (3) paid and non-paid board and advisory appointments; (4) education and occupational history; and (5) an attestation that the submitted information is accurate and complete. All nominations must include the required information. Incomplete nominations will not be processed for consideration. Federal employees should not be nominated for appointment to this Committee.

    Equal opportunity practices regarding membership appointments to the Committee will be aligned with HHS policies. When possible, every effort will be made to ensure that the Committee is a diverse group of individuals with representation from various academic institutions, disability status, ethnic identities, genders, geographic areas, and racial groups.

    All appointed members of the Committee will serve as special government employees. As such, they are subject to the ethical standards of conduct for federal employees. Upon entering the position and annually throughout the term of appointment, members of the Committee will be required to complete and submit a report of their financial holdings, consultancies, and research grants and/or contracts. The purpose of this report is to determine if the individual has any interests and/or activities that may conflict with performance of his or her official duties as a member of the Committee. Committee members are entitled to receive reimbursement for travel and per diem expenses incurred for conducting official business in accordance with federal standard travel regulations. Committee members are not entitled to receive any other compensation for the services they perform.

    Dated: March 9, 2016. Don Wright, Deputy Assistant Secretary for Health, (Disease Prevention and Health Promotion).
    [FR Doc. 2016-06016 Filed 3-16-16; 8:45 am] BILLING CODE 4150-28-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request

    Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a summary of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on (240) 276-1243.

    Project: Survey of Current and Alumni SAMHSA Fellows of the Minority Fellowship Program (MFP) (OMB No. 0930-0304)—REVISION

    SAMHSA is requesting approval from the Office of Management and Budget (OMB) to revise the collection of surveys of current and alumni MFP fellows to include current and alumni fellows from the Now Is The Time-MFP-Youth (NITT-MFP-Y) and NITT-MFP-Addiction Counselors (NITT-MFP-AC) grant programs. These surveys would gather information about current and alumni fellows in all three programs that will help SAMHSA meet its responsibilities under the Government Performance and Results Modernization Act for gathering, analyzing, and interpreting information about government-funded programs such as the MFP, the NITT-MFP-Y, and the NITT-MFP-AC.

    In 1973, in response to a substantial lack of ethnic and racial minorities in the mental health professions, the Center for Minority Health at the National Institute of Mental Health established the MFP. Since its move to SAMHSA in 1992, the MFP has continued to facilitate the entry of graduate students and psychiatric residents into mental health careers and has increased the number of psychology, psychiatry, nursing, and social work professionals trained to provide mental health and substance abuse services to minority groups. In 2014, funds were appropriated to expand the traditional MFP to include two programs to support the President's NITT initiative: NITT-MFP-Y and NITT-MFP-AC. These programs provide stipends and tuition support to students pursuing master's level training in behavioral health fields like psychology, social work, professional counseling, marriage and family therapy, nursing, and addiction/substance abuse counseling, thus directly supporting the NITT goal of increasing behavioral health services for youth and contributing to making schools safer. The traditional MFP offers sustained grants to six national behavioral health professional associations: the American Association of Marriage and Family Therapy (AAMFT), the American Nurses Association (ANA), the American Psychiatric Association (ApA), the American Psychological Association (APA), the Council on Social Work Education (CSWE), and the National Board for Certified Counselors and Affiliates (NBCC). The grantees for the NITT-MFP-Y program are the AAFMT, ANA, APA, CSWE, and NBCC, and the grantees for the NITT-MFP-AC program are the NAADAC—Association for Addiction Professionals and NBCC.

    This package includes two survey instruments, the Current SAMHSA MFP Fellows survey and the MFP Alumni survey, which have previously been administered to current and alumni fellows of the traditional MFP grant program. SAMHSA is requesting approval from OMB to include respondents (i.e., fellows) from the NITT-MFP-Y and NITT-MFP-AC programs and to add 13 and 10 questions to the Current SAMHSA MFP Fellows and MFP Alumni surveys, respectively. Although the aims of the traditional MFP and the NITT-MFPs are similar, some aspects of the NITT-MFPs are unique. For example, the focus on master's-level students (versus doctoral) and on providing culturally competent behavioral health services specifically to youth and transition-aged young adults. Thus, approval is requested to add questions to the surveys to ensure that the information needed to evaluate the NITT-MFPs is captured. The surveys will include appropriate skip patterns so that traditional MFP fellows are not asked questions that do not apply to them.

    The two online surveys (with the option for a hard copy mailed through the U.S. Postal Service) will be used with the following stakeholders in the MFP grant programs:

    1. Current SAMHSA MFP Fellows (n=428)

    a. Current traditional MFP Fellows currently receiving support during their doctoral-level training or psychiatric residency will be asked about their experiences in the MFP (from recruitment into the program through their participation in the various activities provided by the grantees).

    b. Current NITT-MFP-Y and NITT-MFP-AC Fellows currently receiving support during the final year of their master's programs in behavioral health or related field will be asked about their experiences in the MFP (from recruitment into the program through their participation in the various activities provided by the grantees).

    2. MFP Alumni (n=1,440)

    a. Traditional MFP Alumni who participated in the MFP during the time the program was administered by SAMHSA will be asked about their previous experiences as fellows in the MFP and also about their subsequent involvement and leadership in their professions.

    b. NITT-MFP-Y and NITT-MFP-AC Alumni who participated in the MFP during their master's program will be asked about their previous experiences as fellows in the MFP and also about their subsequent involvement and leadership in their professions.

    The information gathered by these two surveys will be used to gain insights into, and to document, impacts that the MFP has had and is having on current and former MFP fellows, and contributions and impacts that the current and former fellows are making in their work. The surveys include questions to assess the following measures: completion of the fellowship program (e.g., completion of MFP goals, number of mentors, total mentored hours); post-fellowship employment (e.g., employment types and fields, targeted service populations); increase in skills/knowledge (e.g., number of certifications obtained, number of continuing education hours); and contributions to the field (e.g., number of professional publications).

    The survey data will also be utilized in an evaluation of the NITT-MFP programs. The requested additional questions will allow the evaluation to assess the overall success of the SAMHSA NITT initiative in enhancing the behavioral health workforce in terms of the number of master's level behavioral health specialists trained with MFP support, their competencies and characteristics, and their capacity to meet behavioral health workforce needs. The evaluation will also explore whether the program results in increased knowledge, skills, and aptitude among NITT-MFP fellows to provide culturally competent behavioral health services to underserved, at risk children, adolescents, and transition-age youth (ages 16-25); and how these new behavioral health professionals are sustained in the workforce.

    The total annual burden estimate for conducting the surveys is shown below:

    Survey name Number of
  • respondents
  • Responses per
  • respondent
  • Total number of responses Hours per
  • response
  • Total burden hours
    SAMHSA MFP Current Fellows Survey 428 1 428 0.42 180 SAMHSA MFP Alumni Survey 1,440 1 1,440 0.75 1,080 Totals a 1,868 1,868 1,260 a This is an unduplicated count of total respondents.

    Written comments and recommendations concerning the proposed information collection should be sent by April 18, 2016 to the SAMHSA Desk Officer at the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). To ensure timely receipt of comments, and to avoid potential delays in OMB's receipt and processing of mail sent through the U.S. Postal Service, commenters are encouraged to submit their comments to OMB via email to: [email protected] Although commenters are encouraged to send their comments via email, commenters may also fax their comments to: 202-395-7285. Commenters may also mail them to: Office of Management and Budget, Office of Information and Regulatory Affairs, New Executive Office Building, Room 10102, Washington, DC 20503.

    Summer King, Statistician.
    [FR Doc. 2016-06009 Filed 3-16-16; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Altol Chemical and Environmental Laboratory, Inc., as a Commercial Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation of Altol Chemical and Environmental Laboratory, Inc., as a commercial laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Altol Chemical and Environmental Laboratory, Inc., has been approved to gauge and accredited to test petroleum and petroleum products for customs purposes for the next three years as of July 23, 2014.

    DATES:

    The accreditation and approval of Altol Chemical and Environmental Laboratory, Inc., as commercial gauger and laboratory became effective on July 23, 2014. The next triennial inspection date will be scheduled for July 2017.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12, that Altol Chemical and Environmental Laboratory, Inc., Sabanetas Industrial Park, Building M-1380, Ponce, PR 00715, has been accredited to test petroleum and petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12. Altol Chemical and Environmental Laboratory, Inc., is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 ASTM D-287 Standard test method for API Gravity of crude petroleum products and petroleum products (Hydrometer Method). 27-02 ASTM D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27-08 ASTM D-86 Standard Test Method for Distillation of Petroleum Products. 27-11 ASTM D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation of Dynamic Velocity). 27-13 ASTM D-4294 Standard test method for sulfur in petroleum and petroleum products by energy-dispersive x-ray fluorescence spectrometry. Anyone wishing to employ this entity to conduct laboratory analyses should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test requested. Alternatively, inquiries regarding the specific test this entity is accredited to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories. Dated: March 9, 2016. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2016-06059 Filed 3-16-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Chemical and Petrochemical Inspections as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of Chemical and Petrochemical Inspections as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Chemical and Petrochemical Inspections has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of September 18, 2015.

    DATES:

    The accreditation and approval of Chemical and Petrochemical Inspections as commercial gauger and laboratory became effective on September 18, 2015. The next triennial inspection date will be scheduled for September 2018.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Chemical and Petrochemical Inspections, 5300 39th St., Groves, TX 77619, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Chemical and Petrochemical Inspections is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API Chapters Title 3 Tank gauging. 7 Temperature determination. 8 Sampling. 12 Calculations. 17 Maritime measurement.

    Chemical and Petrochemical Inspections is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-05 D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-08 D86 Standard Test Method for Distillation of Petroleum Products. 27-48 D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: March 10, 2016. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2016-06060 Filed 3-16-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA-FEMA-2016-0006; OMB No. 1660-0006 Agency Information Collection Activities: Proposed Collection; Comment Request; National Flood Insurance Program Policy Forms AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Emergency Management Agency, 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 a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning information collected for National Flood Insurance Program (NFIP) policies to accommodate the changing insurance needs of policyholders. The changes to the program were made as a result of the implementation of certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and Homeowners Flood Insurance Affordability Act of 2014.

    DATES:

    Comments must be submitted on or before May 16, 2016.

    ADDRESSES:

    To avoid duplicate submissions to the docket, please use only one of the following means to submit comments:

    (1) Online. Submit comments at www.regulations.gov under Docket ID FEMA-2016-0006. Follow the instructions for submitting comments.

    (2) Mail. Submit written comments to Docket Manager, Office of Chief Counsel, DHS/FEMA, 500 C Street SW., 8NE, Washington, DC 20472-3100.

    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 that is available via the link in the footer of www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Mary Ann Chang, Insurance Examiner, Mitigation Directorate, 202-212-4712. You may contact the Records Management Division for copies of the proposed collection of information at email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    The NFIP is authorized by Public Law 90-448 (1968) and expanded by Public Law 93-234 (1973). The National Flood Insurance Act of 1968 requires that the Federal Emergency Management Agency (FEMA) provide flood insurance at full actuarial rates reflecting the complete flood risk to structures built or substantially improved on or after the effective date for the initial Flood Insurance Rate Map for the community, or after December 31, 1974, whichever is later, so that the risks associated with buildings in flood-prone areas are borne by those located in such areas and not by the taxpayers at large. In accordance with Public Law 93-234, the purchase of flood insurance is mandatory when Federal or federally related financial assistance is being provided for acquisition or construction of buildings located, or to be located, within FEMA identified special flood hazard areas of communities that are participating in the NFIP.

    Collection of Information

    Title: National Flood Insurance Program Policy Forms.

    Type of Information Collection: Revision of a currently approved information collection.

    OMB Number: 1660-0006.

    FEMA Forms: FEMA Form 086-0-1, Flood Insurance Application; FEMA Form 0860-2, Flood Insurance Cancellation/Nullification Request Form; FEMA Form 086-0-3, Flood Insurance General Change Endorsement; FEMA Form 086-0-4, V-Zone Risk Factor Rating Form and Instructions; and FEMA Form 086-0-5, Flood Insurance Preferred Risk Application.

    Abstract: In order to provide for the availability of policies for flood insurance, policies are marketed through the facilities of licensed insurance agents or brokers in the various States. Applications from agents or brokers are forwarded to a servicing company designated as fiscal agent by the Federal Insurance Administration (FIA). Upon receipt and examination of the application and required premium, the servicing company issues the appropriate Federal flood insurance policy.

    Affected Public: Individuals or households; State, local or Tribal Government; Business or other for profit; Not-for-profit institutions; and Farms.

    Number of Respondents: 601,067.

    Number of Responses: 601,067.

    Estimated Total Annual Burden Hours: 91,016.

    Estimated Cost: 6,500.

    Comments

    Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) 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; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Dated: March 3, 2016. Richard W. Mattison, Records Management Program Chief, Mission Support, Federal Emergency Management Agency, Department of Homeland Security.
    [FR Doc. 2016-05983 Filed 3-16-16; 8:45 am] BILLING CODE 9110-11-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 24, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case
  • No.
  • Chief executive officer
  • of community
  • Community map repository Effective date of
  • modification
  • Community
  • No.
  • Alabama: Jefferson. (FEMA Docket No.: B-1545) City of Birmingham (15-04-7923X) The Honorable William A. Bell, Sr., Mayor, City of Birmingham, 710 North 20th Street, Birmingham, AL 35203 Planning and Engineering Office, 710 North 20th Street, Birmingham, AL 35203 Dec. 31, 2015 010116 Jefferson. (FEMA Docket No.: B-1545) City of Mountain Brook (15-04-7923X) The Honorable Lawrence T. Oden, City of Mountain Brook, P.O. Box 130009, Mountain Brook, AL 35213 City Hall, 3928 Montclair Road, Mountain Brook, AL 35213 Dec. 31, 2015 010128 Jefferson. (FEMA Docket No.: B-1538) City of Leeds (15-04-4032P) The Honorable David Miller, Mayor, City of Leeds, 1040 Park Drive, Leeds, AL 35094 Inspections Department, 1040 Park Drive, Leeds, AL 35094 Nov. 30, 2015 010125 St. Clair. (FEMA Docket No.: B-1538) City of Moody (15-04-4032P) The Honorable Joe Lee, Mayor, City of Moody, 670 Park Avenue, Moody, AL 35004 Inspection and Public Works Department, 670 Park Avenue, Moody, AL 35004 Nov. 30, 2015 010187 Shelby. (FEMA Docket No.: B-1545) Unincorporated areas of Shelby County (15-04-4263P) The Honorable Rick Shepherd, Chairman, Shelby County Board of Commissioners, 200 West College Street, Columbiana, AL 35051 Shelby County Engineer's Office, 506 Highway 70, Columbiana, AL 35051 Dec. 14, 2015 010191 Tuscaloosa. (FEMA Docket No.: B-1554) City of Tuscaloosa (15-04-4630P) The Honorable Walter Maddox, Mayor, City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, AL 35401 Engineering Department, 2201 University Boulevard, Tuscaloosa, AL 35401 Oct. 21, 2015 010203 Colorado: Arapahoe. (FEMA Docket No.: B-1545) City of Centennial (15-08-0299P) The Honorable Cathy Noon, Mayor, City of Centennial, 13133 East Arapahoe Road, Centennial, CO 80112 Southeast Metro Stormwater Authority, 7437 South Fairplay Street, Centennial, CO 80112 Dec. 11, 2015 080315 Arapahoe. (FEMA Docket No.: B-1545) City of Centennial (15-08-0563P) The Honorable Cathy Noon, Mayor, City of Centennial, 13133 East Arapahoe Road, Centennial, CO 80112 Southeast Metro Stormwater Authority, 7437 South Fairplay Street, Centennial, CO 80112 Dec. 28, 2015 080315 Arapahoe. (FEMA Docket No.: B-1545) Unincorporated areas of Arapahoe County (15-08-0299P) The Honorable Nancy N. Sharpe, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166 Arapahoe County Public Works Department, 6924 South Lima Street, Centennial, CO 80112 Dec. 11, 2015 080011 Denver. (FEMA Docket No.: B-1545) City and County of Denver (15-08-0521P) The Honorable Michael Hancock, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202 Department of Public Works, 201 West Colfax Avenue, Denver, CO 80202 Dec. 28, 2015 080046 Douglas. (FEMA Docket No.: B-1538) Town of Castle Rock (15-08-0069P) The Honorable Paul Donahue, Mayor, Town of Castle Rock, 100 North Wilcox Street, Castle Rock, CO 80104 Utilities Department, 175 Kellogg Road, Castle Rock, CO 80109 Dec. 4, 2015 080050 Douglas. (FEMA Docket No.: B-1538) Unincorporated areas of Douglas County (15-08-0069P) The Honorable Jill Repella, Chair, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104 Douglas County Public Works Department, 100 3rd Street, Castle Rock, CO 80104 Dec. 4, 2015 080049 Adams and Jefferson. (FEMA Docket No.: B-1545) City of Westminster (15-08-0180P) The Honorable Herb Atchison, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031 City Hall, 4800 West 92nd Avenue, Westminster, CO 80031 Nov. 27, 2015 080008 Broomfield. (FEMA Docket No.: B-1545) City and County of Broomfield (15-08-0180P) The Honorable Randy Ahrens, Mayor, City and County of Broomfield, 1 DesCombes Drive, Broomfield, CO 80020 Engineering Department, 1 DesCombes Drive, Broomfield, CO 80020 Nov. 27, 2015 085073 Jefferson. (FEMA Docket No.: B-1545) Unincorporated areas of Jefferson County (15-08-0180P) The Honorable Casey Tighe, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419 Jefferson County Department of Planning and Zoning, 100 Jefferson County Parkway, Golden, CO 80419 Nov. 27, 2015 080087 Jefferson. (FEMA Docket No.: B-1545) City of Lakewood, (14-08-1263P) The Honorable Bob Murphy, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226 Public Works Department, 480 South Allison Parkway, Lakewood, CO 80226 Dec. 18, 2015 085075 Jefferson. (FEMA Docket No.: B-1545) Unincorporated areas of Jefferson County (14-08-1263P) The Honorable Casey Tighe, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419 Jefferson County Department of Planning and Zoning, 100 Jefferson County Parkway, Golden, CO 80419 Dec. 18, 2015 080087 Weld. (FEMA Docket No.: B-1538) City of Severance (15-08-0837P) The Honorable Don Brookshire, Mayor, City of Severance, P.O. Box 339, Severance, CO 80546 Town Hall, 231 West 4th Avenue, Severance, CO 80546 Nov. 27, 2015 080317 Connecticut: Fairfield. (FEMA Docket No.: B-1545) City of Norwalk (15-01-1793P) The Honorable Harry W. Rilling, Mayor, City of Norwalk, 125 East Avenue, Norwalk, CT 06856 Planning and Zoning Department, 125 East Avenue, Norwalk, CT 06856 Dec. 30, 2015 090012 Florida: Charlotte. (FEMA Docket No.: B-1545) Unincorporated areas of Charlotte County (15-04-4023P) The Honorable Bill Truex, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Department of Community Development, 18500 Murdock Circle, Port Charlotte, FL 33948 Dec. 31, 2015 120061 Charlotte. (FEMA Docket No.: B-1538) Unincorporated areas of Charlotte County (15-04-6067P) The Honorable Bill Truex, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18500 Murdock Circle, Port Charlotte, FL 33948 Dec. 1, 2015 120061 Lee. (FEMA Docket No.: B-1545) Unincorporated areas of Lee County (15-04-4830P) The Honorable Brian Hamman, Chairman, Lee County Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902 Lee County Administration Office, 1700 Monroe Street, 2nd Floor, Fort Myers, FL 33902 Dec. 14, 2015 125124 Miami-Dade. (FEMA Docket No.: B-1545) City of Sunny Isles Beach (15-04-7479X) The Honorable George “Bud” Scholl, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 Building Department, 18070 Collins Ave, 3rd Floor, Sunny Isles Beach, FL 33160 Jan. 4, 2016 120688 Orange. (FEMA Docket No.: B-1545) Unincorporated areas of Orange County (15-04-2752P) The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801 Orange County Public Works Department, 4200 South John Young Parkway, Orlando, FL. 32839 Dec. 31, 2015 120179 Orange. (FEMA Docket No.: B-1545) Unincorporated areas of Orange County (15-04-4919P) The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801 Orange County Public Works Department, 4200 South John Young Parkway, Orlando, FL. 32839 Dec. 24, 2015 120179 St. Johns. (FEMA Docket No.: B-1545) Unincorporated areas of St. Johns County (15-04-5124P) The Honorable James K. Johns, Chairman, St. Johns County Board of Commissioners, District 1, 500 San Sebastian View, St. Augustine, FL 32084 St. Johns County Growth Management Department, 4040 Lewis Speedway, St. Augustine, FL 32084 Dec. 14, 2015 125147 Walton. (FEMA Docket No.: B-1545) Unincorporated areas of Walton County (15-04-4766P) The Honorable Bill Imfeld, Chairman, Walton County Board of Commissioners, 6570 U.S. Highway 90 West, DeFuniak Springs, FL 32433 Walton County Planning and Development Services Department, 31 Coastal Centre Boulevard, Santa Rosa Beach, FL 32459 Dec. 26, 2015 120317 Massachusetts: Essex. (FEMA Docket No.: B-1545) Town of Rockport (15-01-1271P) The Honorable Erin M. Battistelli, Chair, Town of Rockport Board of Selectmen, 34 Broadway, Rockport, MA 01966 Building Inspections Division, 26 Broadway, Rockport, MA 01966 Dec. 14, 2015 250100 Mississippi: Lafayette. (FEMA Docket No.: B-1545) City of Oxford (15-04-8440P) The Honorable George Patterson, Mayor, City of Oxford, 107 Courthouse Square, Oxford, MS 38655 City Hall, 107 Courthouse Square, Oxford, MS 38655 Jan. 4, 2016 280094 New Mexico: Bernalillo. (FEMA Docket No.: B-1545) Unincorporated areas of Bernalillo County (14-06-4933P) The Honorable Maggie Hart Stebbins, Chair, Bernalillo County Board of Commissioners, 1 Civic Plaza Northwest, Albuquerque, NM 87102 Bernalillo County Public Works Division, 2400 Broadway Boulevard Southeast, Albuquerque, NM 87102 Nov. 23, 2015 350001 Pennsylvania: Blair. (FEMA Docket No.: B-1538) City of Altoona (14-03-3324P) The Honorable Matt Pacifico, Mayor, City of Altoona, 1301 12th Street, Suite 100, Altoona, PA 16601 Public Works Department, 1301 12th Street, Suite 300, Altoona, PA 16601 Nov. 27, 2015 420159 Blair. (FEMA Docket No.: B-1538) Township of Logan (14-03-3324P) Mr. James A. Patterson, Chairman, Township of Logan Board of Supervisors, 100 Chief Logan Circle, Altoona, PA 16602 Department of Zoning, 100 Chief Logan Circle, Altoona, PA 16602 Nov. 27, 2015 421391 Texas: Bexar. (FEMA Docket No.: B-1545) City of San Antonio (15-06-1484P) The Honorable Ivy R. Taylor, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Transportation and Capital Improvements Department, Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 Dec. 3, 2015 480045 Collin. (FEMA Docket No.: B-1538) City of Frisco (15-06-0486P) The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034 Engineering Services Department, 6101 Frisco Square Boulevard, Frisco, TX 75034 Dec. 7, 2015 480134 Collin. (FEMA Docket No.: B-1545) City of Murphy (14-06-4329P) The Honorable Eric Barna, Mayor, City of Murphy, 206 North Murphy Road, Murphy, TX 75094 Department of Public Works, 206 North Murphy Road, Murphy, TX 75094 Dec. 11, 2015 480137 Dallas. (FEMA Docket No.: B-1545) Town of Addison (15-06-1036P) The Honorable Todd Meier, Mayor, Town of Addison, 5300 Belt Line Road, Dallas, TX 75254 Town Service Center, 16801 Westgrove Drive, Dallas, TX 75001 Dec. 28, 2015 481089 Dallas. (FEMA Docket No.: B-1538) City of Dallas (14-06-3370P) The Honorable Michael S. Rawlings, Mayor, City of Dallas, 1500 Marilla Street, Dallas, TX 75201 Department of Public Works, 320 East Jefferson Boulevard, Dallas, TX 75203 Nov. 30, 2015 480171 Ellis. (FEMA Docket No.: B-1538) City of Waxahachie (15-06-0140P) The Honorable Kevin Strength, Mayor, City of Waxahachie, 401 South Rogers Street, Waxahachie, TX 75165 City Hall, 401 South Rogers Street, Waxahachie, TX 75165 Dec. 2, 2015 480211 Harris. (FEMA Docket No.: B-1538) Unincorporated areas of Harris County (15-06-1550P) The Honorable Ed M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77092 Dec. 1, 2015 480287 Hidalgo. (FEMA Docket No.: B-1545) Unincorporated areas of Hidalgo County (15-06-2601P) The Honorable Ramon Garcia, Hidalgo County Judge, 100 East Cano Street, 2nd Floor, Edinburg, TX 78542 Hidalgo County Drainage District, 902 North Doolittle Road, Edinburg, TX 78542 Dec. 24, 2015 480334 Utah: Uintah. (FEMA Docket No.: B-1545) Unincorporated areas of Uintah County (15-08-0414P) The Honorable Mike McKee, Chairman, Uintah County Board of Commissioners, 152 East 100 North, Vernal, UT 84078 Uintah County Community Development Department, 152 East 100 North, Vernal, UT 84078 Dec. 16, 2015 490147
    [FR Doc. 2016-05990 Filed 3-16-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1600] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with Title 44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will become effective on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 24, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive
  • officer of community
  • Community map repository Online location of
  • letter of map revision
  • Effective date of modification Community
  • No.
  • Alabama: Jefferson Unincorporated areas of Jefferson County (15-04-9295P) The Honorable Jimmie Stephens, Chairman, Jefferson County Commission, 716 Richard Arrington Jr. Boulevard North, Birmingham, AL 35203 Jefferson County Land Development Department, 716 Richard Arrington Jr. Boulevard North, Birmingham, AL 35203 http://www.msc.fema.gov/lomc Apr. 14, 2016 010217 Arkansas: Benton City of Rogers (15-06-1201P) The Honorable Greg Hines, Mayor, City of Rogers, 301 West Chestnut Street, Rogers, AR 72756 City Hall, 301 West Chestnut Street, Rogers, AR 72756 http://www.msc.fema.gov/lomc Apr. 5, 2016 050013 Pulaski City of Sherwood (14-06-4719P) The Honorable Virginia Hillman Young, Mayor, City of Sherwood, P.O. Box 6256, Sherwood, AR 72124 City Hall, 2199 East Kiehl Avenue, Sherwood, AR 72120 http://www.msc.fema.gov/lomc Apr. 8, 2016 050235 Colorado: Denver City and County of Denver (15-08-0294P) The Honorable Michael B. Hancock, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202 Department of Public Works, 201 West Colfax Avenue, Denver, CO 80202 http://www.msc.fema.gov/lomc Apr. 15, 2016 080046 Fremont Town of Williamsburg (15-08-0985P) The Honorable Joshua Baker, Mayor, Town of Williamsburg, 1 John Street, Williamsburg, CO 81226 City Hall, 1 John Street, Williamsburg, CO 81226 http://www.msc.fema.gov/lomc Apr. 14, 2016 080028 Fremont Unincorporated areas of Fremont County (15-08-0985P) The Honorable Ed Norden, Chairman, Fremont County Board of Commissioners, 615 Macon Avenue, Canon City, CO 81212 Fremont County Administrator's Office, 615 Macon Avenue, Canon City, CO 81212 http://www.msc.fema.gov/lomc Apr. 14, 2016 080067 Jefferson City of Golden (15-08-1205P) The Honorable Marjorie Sloan, Mayor, City of Golden, 911 10th Street, Golden, CO 80401 Public Works Department, 1445 10th Street, Golden, CO 80401 http://www.msc.fema.gov/lomc Apr. 22, 2016 080090 Jefferson City of Lakewood (15-08-0294P) The Honorable Bob Murphy, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226 Public Works Department, Lakewood Civic Center North, 480 South Allison Parkway, Lakewood, CO 80226 http://www.msc.fema.gov/lomc Apr. 15, 2016 085075 Larimer City of Fort Collins (15-08-1293P) The Honorable Wade Troxell, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522 Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO 80521 http://www.msc.fema.gov/lomc Mar. 28, 2016 080102 Delaware: New Castle Unincorporated areas of New Castle County (14-03-3246P) The Honorable Thomas P. Gordon, New Castle County Executive, 87 Reads Way, New Castle, DE 19720 New Castle County Land Use Department, 87 Reads Way, New Castle, DE 19720 http://www.msc.fema.gov/lomc Apr. 15, 2016 105085 Florida: Bay City of Lynn Haven (15-04-6857P) The Honorable Margo Anderson, Mayor, City of Lynn Haven, 825 Ohio Avenue, Lynn Haven, FL 32444 Building Department, 907 Pennsylvania Avenue, Lynn Haven, FL 32444 http://www.msc.fema.gov/lomc Apr. 4, 2016 120009 Bay Unincorporated areas of Bay County (15-04-6857P) The Honorable Guy M. Tunnell, Chairman, Bay County Board of Commissioners, 840 West 11th Street, Panama City, FL 32401 Bay County Planning and Zoning Department, 840 West 11th Street, Panama City, FL 32401 http://www.msc.fema.gov/lomc Apr. 4, 2016 120004 Broward City of Pompano Beach (15-04-4261P) The Honorable Lamar Fisher, Mayor, City of Pompano Beach, 100 West Atlantic Boulevard, Pompano Beach, FL 33060 Building Division, 100 West Atlantic Boulevard, Pompano Beach, FL 33060 http://www.msc.fema.gov/lomc Apr. 6, 2016 120055 Broward Unincorporated areas of Broward County (15-04-4261P) The Honorable Tim Ryan, Mayor, Broward County Commission, 115 South Andrews Avenue, Room 413, Fort Lauderdale, FL 33301 Broward County Building Permitting Division, 1 North University Drive, Suite 201A, Plantation, FL 33324 http://www.msc.fema.gov/lomc Apr. 6, 2016 125093 Charlotte Unincorporated areas of Charlotte County (15-04-9981P) The Honorable Bill Truex, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18500 Murdock Circle, Port Charlotte, FL 33948 http://www.msc.fema.gov/lomc Apr. 4, 2016 120061 Collier City of Marco Island, (16-04-0095X) The Honorable Bob Brown, Chairman, City of Marco Island Council, 50 Bald Eagle Drive, Marco Island, FL 34145 City Hall, 50 Bald Eagle Drive, Marco Island, FL 34145 http://www.msc.fema.gov/lomc Apr. 4, 2016 120426 Duval City of Jacksonville (15-04-A463P) The Honorable Lenny Curry, Mayor, City of Jacksonville, 117 West Duval Street, Suite 400, Jacksonville, FL 32202 Development Services Division, 214 North Hogan Street, Room 2100, Jacksonville, FL 32202 http://www.msc.fema.gov/lomc Apr. 17, 2016 120077 Hillsborough City of Plant City (15-04-0825P) The Honorable Rick A. Lott, Mayor, City of Plant City, 302 West Reynolds Street, Plant City, FL 33563 Engineering Division, 302 West Reynolds Street, Plant City, FL 33563 http://www.msc.fema.gov/lomc Apr. 7, 2016 120113 Lee Town of Fort Myers Beach (15-04-6044P) The Honorable Anita Cereceda, Mayor, Town of Fort Myers Beach, 2525 Estero Boulevard, Fort Myers Beach, FL 33931 Public Works Department, 2525 Estero Boulevard, Fort Myers Beach, FL 33931 http://www.msc.fema.gov/lomc Apr. 4, 2016 120673 Lee Unincorporated areas of Lee County (15-04-5461P) The Honorable Brian Hamman, Chairman, Lee County Board of Commissioners, District 4, P.O. Box 398, Fort Myers, FL 33902 Lee County Planning and Zoning Department, 1500 Monroe Street, Fort Myers, FL 33901 http://www.msc.fema.gov/lomc Dec. 30, 2015 125124 Lee Unincorporated areas of Lee County (15-04-9971X) The Honorable Brian Hamman, Chairman, Lee County Board of Commissioners, District 4, P.O. Box 398, Fort Myers, FL 33902 Lee County Planning and Zoning Department, 1500 Monroe Street, Fort Myers, FL 33901 http://www.msc.fema.gov/lomc Mar. 30, 2016 125124 Manatee Unincorporated areas of Manatee County (15-04-3585P) The Honorable Betsy Benac, Chair, Manatee County Board of Commissioners, 1112 Manatee Avenue West, 9th Floor, Bradenton, FL 34205 Manatee County Public Works Department, 1022 26th Avenue East, Bradenton, FL 34208 http://www.msc.fema.gov/lomc Apr. 5, 2016 120153 Miami-Dade City of Miami (15-04-9564P) The Honorable Tomás P. Regalado, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133 Building Department, 444 Southwest 2nd Avenue, 4th Floor, Miami, FL 33130 http://www.msc.fema.gov/lomc Mar. 22, 2016 120650 Monroe Unincorporated areas of Monroe County (15-04-9458P) The Honorable Danny Kolhage, Mayor, Monroe County Board of Commissioners, 530 Whitehead Street, Suite 102, Key West, FL 33040 Monroe County Building Department, 2798 Overseas Highway, Suite 300, Marathon, FL 33050 http://www.msc.fema.gov/lomc Mar. 16, 2016 125129 Nassau Unincorporated areas of Nassau County (15-04-7268P) The Honorable Pat Edwards, Chairman, Nassau County Board of Commissioners, 96135 Nassau Place, Suite 1, Yulee, FL 32097 Nassau County Building Department, 96161 Nassau Place, Yulee, FL 32097 http://www.msc.fema.gov/lomc Apr. 7, 2016 120170 Osceola City of Kissimmee (14-04-A481P) The Honorable Jim Swan, Mayor, City of Kissimmee, 101 Church Street, Kissimmee, FL 34741 Engineering Department, 101 Church Street, Kissimmee, FL 34741 http://www.msc.fema.gov/lomc Apr. 15, 2016 120190 Osceola Unincorporated areas of Osceola County (14-04-A481P) The Honorable Brandon Arrington, Chairman, Osceola County Board of Commissioners, 1 Courthouse Square, Suite 4700, Kissimmee, FL 34741 Osceola County Stormwater Department, 1 Courthouse Square, Suite 3100, Kissimmee, FL 34741 http://www.msc.fema.gov/lomc Apr. 15, 2016 120189 St. Johns Unincorporated areas of St. Johns County (15-04-9919P) The Honorable Rachael L. Bennett, Chair, St. Johns County Board of Commissioners, 500 San Sebastian View, St. Augustine, FL 32084 St. Johns County Building Services Division, 4040 Lewis Speedway, St. Augustine, FL 32084 http://www.msc.fema.gov/lomc Apr. 13, 2016 125147 Georgia: Columbia Unincorporated areas of Columbia County (15-04-3832P) The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 Columbia County Planning Department, 630 Ronald Reagan Drive, Evans, GA 30809 http://www.msc.fema.gov/lomc Apr. 7, 2016 130059 Mississippi: Rankin City of Richland (15-04-6709P) The Honorable Mark Scarborough, Mayor, City of Richland, P.O. Box 180609, Richland, MS 39218 City Hall, 380 Scarbrough Street, Richland, MS 39218 http://www.msc.fema.gov/lomc Apr. 21, 2016 280299 North Carolina: Haywood Unincorporated areas of Haywood County (15-04-9975P) The Honorable Mark S. Swanger, Chairman, Haywood County Board of Commissioners, 215 North Main Street, Waynesville, NC 28786 Haywood County Planning Department, 157 Paragon Parkway, Suite 200, Clyde, NC 28721 http://www.msc.fema.gov/lomc Apr. 5, 2016 370120 Macon Town of Highlands (15-04-7513P) The Honorable Patrick Taylor, Mayor, Town of Highlands, P.O. Box 460, Highlands, NC 28741 Town Hall, 210 North 4th Street, Highlands, NC 28741 http://www.msc.fema.gov/lomc Mar. 11, 2016 370574 Union Town of Waxhaw (15-04-4099P) The Honorable Stephen E. Maher, Mayor, Town of Waxhaw, P.O. Box 6, Waxhaw, NC 28173 Town Hall, 1150 North Broome Street, Waxhaw, NC 28173 http://www.msc.fema.gov/lomc Mar. 10, 2016 370473 Union Unincorporated areas of Union County (15-04-4099P) The Honorable Stony Rushing, Chairman, Union County Board of Commissioners, 500 North Main Street, Room 921, Monroe, NC 28112 Union County Office of Growth Management, Planning Division, 500 North Main Street, Monroe, NC 28112 http://www.msc.fema.gov/lomc Mar. 10, 2016 370234 Wake Town of Fuquay-Varina (15-04-2204P) The Honorable John Byrne, Mayor, Town of Fuquay-Varina, 401 Old Honeycutt Road, Fuquay-Varina, NC 27256 Engineering Department, 401 Old Honeycutt Road, Fuquay-Varina, NC 27256 http://www.msc.fema.gov/lomc Dec. 18, 2015 370239 Wake Unincorporated areas of Wake County (15-04-2204P) The Honorable James West, Chairman, Wake County Board of Commissioners, P.O. Box 550, Raleigh, NC 27602 Wake County Environmental Services Department, 336 Fayetteville Street, Raleigh, NC 27601 http://www.msc.fema.gov/lomc Dec. 18, 2015 370368 Watauga Town of Blowing Rock (15-04-2144P) The Honorable J. B. Lawrence, Mayor, Town of Blowing Rock, P.O. Box 47, Blowing Rock, NC 28605 Planning and Inspections Department, 1038 Main Street, Blowing Rock, NC 28605 http://www.msc.fema.gov/lomc Apr. 21, 2016 370252 Oklahoma: Cleveland City of Moore (15-06-1047P) The Honorable Stephen O. Eddy, Manager, City of Moore, 301 North Broadway Street, Moore, OK 73160 City Hall, 301 North Broadway Street, Moore, OK 73160 http://www.msc.fema.gov/lomc Apr. 27, 2016 400044 Cleveland City of Oklahoma City (15-06-1047P) The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102 Department of Public Works, 420 West Main Street, Suite 700, Oklahoma City, OK 73102 http://www.msc.fema.gov/lomc Apr. 27, 2016 405378 Oklahoma City of Edmond (15-06-3272P) The Honorable Charles Lamb, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083 Planning and Public Works Department, 10 South Littler, Edmond, OK 73084 http://www.msc.fema.gov/lomc Apr. 7, 2016 400252 South Carolina: Charleston City of Charleston (15-04-9773P) The Honorable Joseph P. Riley, Jr., Mayor, City of Charleston, P.O. Box 652, Charleston, SC 29402 Building Inspections Department, 2 George Street, Charleston, SC 29401 http://www.msc.fema.gov/lomc Mar. 28, 2016 455412 Charleston Town of Mount Pleasant, (16-04-0085P) The Honorable Linda Page, Mayor, Town of Mount Pleasant, 100 Ann Edwards Lane, Mount Pleasant, SC 29464 Planning and Development Department, 100 Ann Edwards Lane, Mount Pleasant, SC 29464 http://www.msc.fema.gov/lomc Apr. 28, 2016 455417 South Dakota: Codington City of Watertown (15-08-0555P) The Honorable Steve Thorson, Mayor, City of Watertown, 23 2nd Street Northeast, Watertown, SD 57201 City Hall, 23 2nd Street Northeast, Watertown, SD 57201 http://www.msc.fema.gov/lomc Mar. 22, 2016 460016 Codington Unincorporated areas of Codington County (15-08-0555P) The Honorable Elmer Brinkman, Chairman, Codington County Board of Commissioners, 14 1st Avenue Southeast, Watertown, SD 57201 Codington County Planning and Zoning Department, 1910 West Kemp Avenue, Watertown, SD 57201 http://www.msc.fema.gov/lomc Mar. 22, 2016 460260 Tennessee: Knox City of Knoxville (15-04-6041P) The Honorable Madeline Rogero, Mayor, City of Knoxville, P.O. Box 1631, Knoxville, TN 37901 Stormwater Engineering Division, 400 Main Street, Suite 480, Knoxville, TN 37902 http://www.msc.fema.gov/lomc Apr. 8, 2016 475434 Texas: Bell City of Temple (15-06-3320P) The Honorable Danny Dunn, Mayor, City of Temple, 2 North Main Street, Suite 103, Temple, TX 76501 Engineering Department, 3210 East Avenue H, Building A, Suite 107, Temple, TX 76501 http://www.msc.fema.gov/lomc Apr. 12, 2016 480034 Collin City of Frisco (15-06-1583P) The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034 Engineering Services Department, 6101 Frisco Square Boulevard, Frisco, TX 75034 http://www.msc.fema.gov/lomc Mar. 21, 2016 480134 Comal City of New Braunfels (15-06-4062P) The Honorable Barron Casteel, Mayor, City of New Braunfels, 424 South Castell Avenue, New Braunfels, TX 78130 Building Division, 424 South Castell Avenue, New Braunfels, TX 78130 http://www.msc.fema.gov/lomc Mar. 31, 2016 485493 El Paso City of El Paso (15-06-3494P) The Honorable Oscar Leeser, Mayor, City of El Paso, 300 North Campbell Street, El Paso, TX 79901 Land Development Department, 801 Texas Avenue, El Paso, TX 79901 http://www.msc.fema.gov/lomc Apr. 14, 2016 480214 Grimes Unincorporated areas of Grimes County (15-06-3274P) The Honorable Ben Leman, Grimes County Judge, P.O. Box 160, Anderson, TX 77830 Grimes County Road and Bridge Engineering Department, 1010 Highway 90 South, Anderson, TX 77830 http://www.msc.fema.gov/lomc Apr. 14, 2016 481173 Johnson City of Burleson (15-06-3404P) The Honorable Ken Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028 Development Services Department, 141 West Renfro Street, Burleson, TX 76028 http://www.msc.fema.gov/lomc Apr. 18, 2016 485459 McClennan City of Hewitt (15-06-2410P) The Honorable Ed Passaligo, Mayor, City of Hewitt, 105 Tampico Drive, Hewitt, TX 76643 City Hall, 105 Tampico Drive, Hewitt, TX 76643 http://www.msc.fema.gov/lomc Apr. 4, 2016 480458 McClennan Unincorporated areas of McClennan County (15-06-2410P) The Honorable Malcolm Duncan Jr., Mayor, City of Waco, 300 Austin Avenue, Waco, TX 76702 Engineering Services Department, 401 Franklin Avenue, Waco, TX 76701 http://www.msc.fema.gov/lomc Apr. 4, 2016 480461 Rockwall City of Rockwall (15-06-0488P) The Honorable Jim Pruitt, Mayor, City of Rockwall, 385 South Goliad Street, Rockwall, TX 75087 City Hall, 385 South Goliad Street, Rockwall, TX 75087 http://www.msc.fema.gov/lomc Mar. 28, 2016 480547 Travis City of Manor (15-06-2824P) The Honorable Rita G. Jonse, Mayor, City of Manor, P.O. Box 387, Manor, TX 78653 City Hall, 201 East Parsons Street, Manor, TX 78653 http://www.msc.fema.gov/lomc Apr. 11, 2016 481027 Travis Unincorporated areas of Travis County (15-06-2824P) The Honorable Sarah Eckhardt, Travis County Judge, P.O. Box 1748, Austin, TX 78767 Travis County Office of Emergency Management, 5010 Old Manor Road, Austin TX 78723 http://www.msc.fema.gov/lomc Apr. 11, 2016 481026 Virginia: Fairfax Unincorporated areas of Fairfax County (15-03-1692P) The Honorable Edward L. Long, Jr., Fairfax County Executive, 12000 Government Center Parkway, Fairfax, VA 22035 Fairfax County Stormwater Planning Division, 12000 Government Center Parkway, Fairfax, VA 22035 http://www.msc.fema.gov/lomc Mar. 29, 2016 515525
    [FR Doc. 2016-05982 Filed 3-16-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2008-0010] Board of Visitors for the National Fire Academy AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee management; notice of open federal advisory committee meeting.

    SUMMARY:

    The Board of Visitors for the National Fire Academy (Board) will meet via teleconference on April 7, 2016. The meeting will be open to the public.

    DATES:

    The meeting will take place on Thursday, April 7, 2016, from 2 to 4 p.m. Eastern Daylight Time. Please note that the meeting may close early if the Board has completed its business.

    ADDRESSES:

    Members of the public who wish to participate in the teleconference should contact Ruth MacPhail as listed in the FOR FURTHER INFORMATION CONTACT section by close of business April 5, 2016, to obtain the call-in number and access code. For information on services for individuals with disabilities or to request special assistance, contact Ruth MacPhail as soon as possible.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the Board as listed in the SUPPLEMENTARY INFORMATION section. Comments must be submitted in writing no later than April 5, 2016, and must be identified by Docket ID FEMA-2008-0010 and may be submitted by one of the following methods:

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

    Email [email protected] Include the docket number in the subject line of the message.

    Mail/Hand Delivery Ruth MacPhail, 16825 South Seton Avenue, Emmitsburg, Maryland 21727.

    Instructions All submissions received must include the words “Department of Homeland Security” and the Docket ID for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received by the National Fire Academy Board of Visitors, go to http://www.regulations.gov, click on “Advanced Search,” then enter “FEMA-2008-0010” in the “By Docket ID” box, then select “FEMA” under “By Agency,” and then click “Search.”

    FOR FURTHER INFORMATION CONTACT:

    Alternate Designated Federal Officer: Kirby E. Kiefer, telephone (301) 447-1117, email [email protected]

    Logistical Information: Ruth MacPhail, telephone (301) 447-1333, fax (301) 447-1834, and email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    Purpose of the Board

    The purpose of the Board is to review annually the programs of the National Fire Academy (NFA) and advise the Administrator of the Federal Emergency Management Agency (FEMA), through the United States Fire Administrator, on the operation of the NFA and any improvements therein that the Board deems appropriate. In carrying out its responsibilities, the Board examines NFA programs to determine whether these programs further the basic missions that are approved by the Administrator of FEMA, examines the physical plant of the NFA to determine the adequacy of the NFA's facilities, and examines the funding levels for NFA programs. The Board submits a written annual report through the United States Fire Administrator to the Administrator of FEMA. The report provides detailed comments and recommendations regarding the operation of the NFA.

    Agenda

    1. The Board will receive updates on U.S. Fire Administration data, research, and response support initiatives.

    2. The Board will discuss deferred maintenance and capital improvements on the National Emergency Training Center campus and Fiscal Year 2016 Budget Request/Budget Planning.

    3. The Board will review and give feedback on NFA program activities, including:

    • Fire and Emergency Services Higher Education (FESHE) Recognition Program update, a certification program acknowledging that a collegiate emergency services degree meets the minimum standards of excellence established by FESHE development committees and the NFA;

    • Online training—evolution and current state of the NFA distance learning program: self-study, mediated and blended;

    • BYOD (Bring Your Own Device) status report and technical upgrades to classrooms to support BYOD;

    • Managing Officer Program Status—program review as it completes the first year of a two-year program cycle;

    • Curriculum and Instruction program activities including conversion of existing material to new delivery modes;

    • Executive Fire Officer (EFO) Program updates and program direction discussion;

    • EFO Symposium scheduled for September 8-10, 2016—report on planned agenda;

    • National Professional Development Symposium scheduled for June 26-29, 2016—report on planned agenda;

    • Staffing updates;

    • NFA Budget status and forecast;

    • Professional Development Initiative Subcommittee status report, established to bring the FESHE and Training Resources and Data Exchange groups together for a central point for coordination of professional development tasks;

    • Whole Community Subcommittee status report, established to define the “Whole Community” concept and develop a strategy for sharing of information and programmatic initiatives and/or best practices to encourage “whole community” preparedness and prevention; and

    • National Fire Incident Reporting System (NFIRS) Subcommittee status report, established to review the coding scheme of NFIRS for accuracy, timeliness, user friendliness, and module relevancy.

    There will be a 10-minute comment period after each agenda item; each speaker will be given no more than 2 minutes to speak. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact Ruth MacPhail to register as a speaker. Meeting materials will be posted at http://www.usfa.fema.gov/nfa/about/bov.shtm by March 31, 2016.

    Dated: March 11, 2016. Kirby E. Kiefer, Acting Superintendent, National Fire Academy, United States Fire Administration, Federal Emergency Management Agency.
    [FR Doc. 2016-06039 Filed 3-16-16; 8:45 am] BILLING CODE 9111-45-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-4064, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 24, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of community Community map repository Effective date of modification Community No. Oregon: Deschutes (FEMA Docket No.: B-1503) (Unincorporated areas of Deschutes County) (15-10-0345P) The Honorable Tom Anderson, Deschutes County Administrator, 1300 NW Wall Street, Suite 200, Bend, OR 97701 Deschutes County Courthouse, 1164 NW Bond Street, Bend, OR 97701 July 6, 2015 410055
    [FR Doc. 2016-05985 Filed 3-16-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2004-19515] Extension of Agency Information Collection Activity Under OMB Review: Air Cargo Security Requirements 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 1652-0040, 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 December 15, 2015, 80 FR 77650. This ICR involves three broad categories of affected populations operating under a security program: Aircraft operators, foreign air carriers, and indirect air carriers. The collections of information that make up this ICR include security programs, security threat assessments (STA) on certain individuals, known shipper data via the Known Shipper Management System (KSMS), Indirect Air Carrier Management System (IACMS), and evidence of compliance recordkeeping.

    DATES:

    Send your comments by April 18, 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: Air Cargo Security Requirements.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0040.

    Form(s): Aviation Security Known Shipper Verification Form, Aircraft Operator or Air Carrier Reporting Template, and Security Threat Assessment Application.

    Affected Public: This ICR involves regulated entities including aircraft operators, foreign air carriers, and indirect air carriers operating under a TSA-approved security program.

    Abstract: TSA uses the information collected to comply with the Aviation and Transportation Security Act (ATSA) and provisions enacted as part of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-53, 121 Stat. 266, Aug. 3, 2007) for the security of aircraft operators, foreign air carriers and indirect air carriers operating under a TSA-approved security program. See ATSA sec. 110 as codified at 49 U.S.C. 44901(a) and (f). TSA is seeking a revision of the collection of information.

    Currently, this information collection requires aircraft operators, foreign air carriers, and indirect air carriers (IACs) to collect certain information as part of the implementation of a standard security program, to submit modifications to the standard security program to TSA for approval, and update such programs as necessary. As part of these security programs, the regulated entities must also collect personal information and submit such information to TSA so that TSA may conduct STAs on individuals with unescorted access to cargo.

    Further, the collection of information requires both companies and individuals whom aircraft operators, foreign air carriers, and IACs have qualified to ship cargo on passenger aircraft, also referred to as “known shippers,” to submit information to TSA. This information is collected electronically through the KSMS.

    In addition, the information collection requires that regulated entities enter into IACMS the information required from applicants requesting to be approved as IACs and the information required for their IAC annual renewal in accordance with 49 CFR 1548.7. Regulated entities must also maintain records, including records pertaining to security programs, training, and compliance to demonstrate adherence with the regulatory requirements.

    TSA is revising the collection to include information from select aircraft operators and foreign air carriers operating under certain amendments to their security programs. These entities must provide to TSA detailed screening volumes and the methodology utilized to arrive at these volumes, as well as demonstrating progress toward full compliance with the cargo security measures specified in such amendments.

    Number of Respondents: 209,390.

    Estimated Annual Burden Hours: An estimated 74,785 hours.

    Dated: March 10, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-05979 Filed 3-16-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2005-21866] Extension of Agency Information Collection Activity Under OMB Review: Enhanced Security Procedures at Ronald Reagan Washington National Airport AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-Day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), OMB control number 1652-0035, abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on January 8, 2016, 81 FR 943. TSA requires general aviation (GA) aircraft operators who wish to fly into or out of Ronald Reagan Washington National Airport (DCA) to designate a security coordinator and adopt the DCA Access Standard Security Program (DASSP).

    DATES:

    Send your comments by April 18, 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 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: Enhanced Security Procedures at Ronald Reagan Washington National Airport.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0035.

    Forms(s): N/A.

    Affected Public: GA aircraft operators and passengers, armed security officers (ASOs), flight crew, fixed base operators, and gateway airport operators.

    Abstract: TSA is hereby requesting an extension of this information collection. In accordance with 49 CFR part 1562, subpart B, TSA requires GA aircraft operators who wish to fly into or out of DCA to designate a security coordinator and adopt the DASSP. Once aircraft operators have complied with the DASSP requirements, they must request a slot reservation from the Federal Aviation Administration (FAA) and request authorization from TSA for each flight into and out of DCA. This information collection is approved under OMB control number 1652-0033, TSA Airspace Waiver Applications.

    As part of the DASSP requirements, individuals designated as security coordinators, armed security officers, and flight crewmembers assigned to duty on a GA aircraft flying into and out of DCA must submit fingerprints for a Criminal History Records Check (CHRC). In addition, GA aircraft operators must also maintain CHRC records of all employees and authorized representatives for whom a CHRC has been completed.

    Number of Respondents: 704 annually.1

    1 In the 60-day notice, TSA reported the annual respondents' amount as 5,304 and the annual burden as 5,547. Since the publication, TSA has obtained actual data and has adjusted the numbers accordingly.

    Estimated Annual Burden Hours: An estimated 799 hours annually.

    Dated: March 10, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-05971 Filed 3-16-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Intent to Request Approval From OMB of One New Public Collection of Information: TSA infoBoards AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on a new Information Collection Request (ICR) abstracted below that we will submit to the Office of Management and Budget (OMB) for approval in compliance with the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden for the TSA infoBoards. TSA infoBoards (formerly WebBoards) are an information-sharing environment designed to serve stakeholders in the transportation security community and are used to disseminate mission-critical information. It provides stakeholders with an online portal, which allows authorized users to obtain, post, and exchange information, access common resources, and communicate with similarly situated individuals. Utilizing and inputting information into TSA infoBoards is completely voluntary.

    DATES:

    Send your comments by May 16, 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 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 Purpose of Data Collection

    TSA infoBoards were developed by TSA as part of its broad responsibilities and authorities under the Aviation and Transportation Security Act (ATSA), and delegated authority from the Secretary of Homeland Security, for “security in all modes of transportation . . . including security responsibilities . . . over modes of transportation that are exercised by the Department of Transportation.” 1

    1See Public Law 107-71 (115 Stat. 597, Nov. 19, 2001), codified at 49 U.S.C. 114 (d). The TSA Assistant Secretary's current authorities under ATSA have been delegated to him by the Secretary of Homeland Security. Section 403(2) of the Homeland Security Act (HSA) of 2002, Public Law 107-296 (116 Stat. 2315, Nov. 25, 2002), transferred all functions of TSA, including those of the Secretary of Transportation and the Under Secretary of Transportation of Security related to TSA, to the Secretary of Homeland Security. Pursuant to DHS Delegation Number 7060.2, the Secretary delegated to the Assistant Secretary (then referred to as the Administrator of TSA), subject to the Secretary's guidance and control, the authority vested in the Secretary with respect to TSA, including that in section 403(2) of the HSA.

    The TSA infoBoards are a data management system that provides coordination and collaboration with parties that have a relevant interest in transportation security and an appropriate level of need to access transportation security information-such as, regulated parties and other industry stakeholders, Federal agencies, and state and local governments. This system also integrates other security-related information and communications at the sensitive security information (SSI) level. It is located in a secure online environment and is accessible from the Homeland Security Information Network (HSIN) and TSA (for TSA staff only). It disseminates mission-critical information to users inside and outside of the TSA organization. It provides an online portal allowing authorized users to obtain, post, and exchange information, access common resources, and communicate with similarly situated individuals.

    TSA infoBoards are primarily used for disseminating TSA mission-critical information, such as Security Directives (SD), compliance status, policy updates, and watch lists; however, some groups of stakeholders utilize infoBoards for collaboration and to upload transportation security information. InfoBoards allow stakeholders to filter alerts and information based on their particular needs, such as their regulated areas of operation or their treaty relationship for foreign government staff.

    TSA intends TSA infoBoards to be used primarily by individuals with transportation security responsibilities, such as aircraft operators, airport security coordinators, and international transportation security coordinators. These individuals can voluntarily contact TSA to request access to TSA infoBoards; TSA does not require participation in TSA infoBoards.

    Description of Data Collection

    TSA will collect two types of information through TSA infoBoards. The collection is voluntary. TSA infoBoards users are not required to provide all information requested, but users who choose to withhold information will not receive the benefits of TSA infoBoards associated with that information collection.

    1. User registration information. TSA will collect this information to ensure only those members of the transportation community with a relevant interest in transportation security and with an appropriate level of need to access transportation security information can be allowed onto TSA infoBoards. Such registration information will include the user's name, professional contact information, agency/company, job title, employer, airport (optional), citizenship, regulatory interest, and employment verification contact information.

    2. User's choice of infoBoards. TSA will collect this information to select TSA infoBoards community(ies) appropriate for the particular user. Users are asked to submit their transportation security interest(s) and desired infoBoard(s) (to assess the user's qualifications and needs together with the user registration information).

    Use of Results

    TSA will use this information to assess and improve the capabilities of all transportation modes to prevent, prepare for, mitigate against, respond to, and recover from transportation security incidents. A failure to collect this information will limit TSA's ability to effectively enable modal operators to respond to, and quickly recover after, a transportation security incident. Insufficient awareness, prevention, response, and recovery to a transportation security incident will result in increased vulnerability of the U.S. transportation network.

    Based on industry population estimates and growth rates, and interest generated amongst the transportation modes prior to TSA infoBoards' release to the public, TSA estimates that there will be approximately 10,000 users within the first three years of the system's use. TSA estimates users will spend approximately 1 hour per TSA infoBoards user inputting the information described above. Given this information, the total annual hour burden for this information collection for all respondents within the first three years of TSA infoBoards' release is estimated to be approximately 30,000 hours. There are no fees to use TSA infoBoards.

    Dated: March 10, 2016. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-05981 Filed 3-16-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration Extension of Agency Information Collection Activity Under OMB Review: Transportation Security Officer (TSO) Medical Questionnaire AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    30-Day notice.

    SUMMARY:

    This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), OMB control number 1652-0032, abstracted below to the Office of Management and Budget (OMB) for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on November 25, 2015, 80 FR 73806. The collection involves using a questionnaire to collect medical information from candidates for the job of Transportation Security Officer (TSO) to ensure their qualifications to perform TSO duties pursuant to sec. 111 of the Aviation and Transportation Security Act (ATSA).

    DATES:

    Send your comments by April 18, 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, Office of Management and Budget. 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 Walsh, TSA Paperwork Reduction Act (PRA) Officer, Office of Information Technology (OIT), TSA-40, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6040; 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 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: Transportation Security Officer (TSO) Medical Questionnaire.

    Type of Request: Extension of a currently approved collection.

    OMB Control Number: 1652-0032.

    Forms(s): Transportation Security Officer Medical Questionnaire, Release of Information Form, Further Evaluation Instruction Form, Cancer Further Evaluation, Cardiovascular Further Evaluation, Diabetes Further Evaluation, Drug or Alcohol Use Further Evaluation, General Medical Further Evaluation, Hearing Further Evaluation, Hepatitis Further Evaluation, Hernia Further Evaluation, Implantable Device Further Evaluation, Lift Assessment Further Evaluation, Medical Evaluation Form, Mental Health Further Evaluation Form, Orthopedic Further Evaluation, Palmar Sensation Further Evaluation, Respiratory Further Evaluation, Seizure Further Evaluation, Sleep Disorder Further Evaluation, Tuberculosis Further Evaluation, Vision Further Evaluation, and Vital Signs Further Evaluation.

    Affected Public: Applicants for employment as a Transportation Security Officer with TSA.

    Abstract: TSA currently collects relevant medical information from Transportation Security Officer (TSO) candidates for the purpose of assessing whether the candidates meet the medical qualification standards the agency has established pursuant to the Aviation and Transportation Security Act (ATSA) (49 U.S.C. 44935). TSA collects this information through a medical questionnaire completed by TSO candidates and, in certain cases, further evaluation forms completed by TSO candidates' health care providers. The medical questionnaire and further evaluation forms evaluate a candidate's physical and medical qualifications to be a TSO, including visual and aural acuity, physical coordination, and motor skills.

    Total Number of Respondents: 30,094.1

    1 The respondents' amount has been adjusted from the reported number in the 60-day notice of 58,032 to correct an error that resulted from double counting. The burden hours have also changed from 16,477 to 16,489 due to the rounding of numbers.

    Estimated Annual Burden Hours: 16,489 hours.

    Dated: March 10, 2016. Christina Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2016-05980 Filed 3-16-16; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5913-N-07] 60-Day Notice of Proposed Information Collection for Public Comment Under the Paperwork Reduction Act—Rental Assistance Demonstration (RAD) Documents AGENCY:

    Office of the Assistant Secretary for Housing, HUD.

    ACTION:

    Notice.

    SUMMARY:

    The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. HUD is soliciting public comments on the subject proposal.

    The Rental Assistance Demonstration allows Public Housing, Moderate Rehabilitation (Mod Rehab), Rent Supplement (Rent Supp), and Rental Assistance Payment (RAP) properties to convert to long-term project-based Section 8 rental assistance contracts. The documents that are the subject of this notice are those used to process and complete the conversion process for Public Housing, Mod Rehab, Rent Supp, and RAP properties.

    DATES:

    Comment Due Date: May 16, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number and title.

    1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500.

    2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make public comments immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically.

    Note:

    To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the notice.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.

    FOR FURTHER INFORMATION CONTACT:

    Marilyn M. Edge, Senior Advisor, Multifamily Housing Office of Recapitalization, Office of Housing, U.S. Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; telephone 202-708-3730, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at (800) 877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Evaluation of Proposed Information Collection

    HUD will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility and clarity of information to be collected; and,

    (4) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology; e.g. permitting electronic submission of responses.

    II. Description of Proposed Information Collection

    Description of the need for the information and proposed use: RAD allows Public Housing, Mod Rehab, Rent Supp, and RAP properties to convert to long-term project-based Section 8 rental assistance contracts. Participation in the demonstration is voluntary. Participating Public Housing Agencies (PHAs) and Multifamily Owners are required to submit documentation for the purpose of processing and completing the conversion. Through these documents (collectively, the RAD documents), HUD evaluates whether the PHA or owner has met all of the requirements necessary to complete conversion as outlined in PIH Notice 2012-32 Rev 2 Rental Assistance Demonstration—Final Implementation Notice (RAD Notice).

    The RAD processing request is made through a Web-based portal. Overall, the RAD documents and information requested through such documents allow HUD to determine which applicants continue to meet the eligibility and conversion requirements Finally, all applicants will be required to sign the appropriate contractual documents to complete conversion and bind both the applicant and HUD, as well as set forth the rights and duties of the applicant and HUD, with respect to the converted project and any payments under that project.

    Agency form number(s), if applicable: N/A.

    Members of affected public: State, Local or Tribal Government entities, public housing agencies and multifamily owners.

    Estimation of the total number of hours needed to prepare the information collection including respondents: The estimated number of respondents is 2,140 annually that have only one response per respondent. The average number for each response to each document in the information collection ranges from 1 hour to 3 hours, for a total burden of 6,640.

    Status of the proposed information collection: Renewal of Existing Collection

    Authority:

    Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended.

    The documents that currently comprise the RAD documents can be viewed at the RAD Web site: www.hud.gov/rad/. These documents are those that are currently used for RAD processing.

    III. Proposed Changes to RAD Documents

    HUD proposes to make the following changes:

    1. Inclusion of Fair Housing, Civil Rights and Relocation Requirements in RAD Documents

    Consistent with HUD's RAD Implementation Notice, PIH-2012-32 (HA), REV-2 (June 15, 2015), HUD expects that RAD transactions will comply with fair housing, civil rights and relocation requirements. HUD has made some changes to the materials published as part of this PRA Notice to assist all participants in RAD transactions in complying with appropriate fair housing, civil rights and relocation requirements, as well as to provide notice to the public. HUD is currently considering further revisions to the materials published as a part of this PRA Notice (including the FHEO Accessibility and Relocation Plan Checklist, the RAD Financing Plan, the RAD Use Agreement, the RAD Conversion Commitment, and the various Housing Assistance Payments Contracts) to ensure all participants in RAD transactions comply with fair housing, civil rights and relocation requirements. The changes under consideration include the following:

    (i) Modifications to the various Housing Assistance Payments contracts to ensure appropriate enumeration of existing fair housing and civil rights requirements and clarification of such requirements;

    (ii) Revision and expansion of the FHEO Accessibility and Relocation Plan Checklist to more comprehensively address all federal fair housing and civil rights reviews identified in the RAD Notice (including those derived from the Fair Housing Act, Title VI of the Civil Rights Act of 1964, HUD's Equal Access Rule, and other authorities) and resident relocation compliance issues;

    (iii) Revisions to the RAD Conversion Commitment to add certifications and representations to ensure compliance with fair housing and civil rights requirements until and after the RAD closing.

    2. Clarification of Davis-Bacon Standards

    HUD is reviewing the Davis-Bacon Standards in the RCC and HAP Contracts to determine whether they are sufficiently clear or if further clarification is needed.

    HUD encourages all interested persons to submit comments regarding the information collection requirements presented in this proposal.

    Dated: March 10, 2016. Genger Charles, General Deputy Assistant, Secretary for Housing.
    [FR Doc. 2016-05954 Filed 3-16-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5871-N-04] Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2015 AGENCY:

    Office of the General Counsel, HUD.

    ACTION:

    Notice.

    SUMMARY:

    Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the HUD Reform Act) requires HUD to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. Each notice covers the quarterly period since the previous Federal Register notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on October 1, 2015, and ending on December 31, 2015.

    FOR FURTHER INFORMATION CONTACT:

    For general information about this notice, contact Camille E. Acevedo, Associate General Counsel for Legislation and Regulations, Department of Housing and Urban Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500, telephone 202-708-1793 (this is not a toll-free number). Persons with hearing- or speech-impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.

    For information concerning a particular waiver that was granted and for which public notice is provided in this document, contact the person whose name and address follow the description of the waiver granted in the accompanying list of waivers that have been granted in the fourth quarter of calendar year 2015.

    SUPPLEMENTARY INFORMATION:

    Section 106 of the HUD Reform Act added a new section 7(q) to the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), which provides that:

    1. Any waiver of a regulation must be in writing and must specify the grounds for approving the waiver;

    2. Authority to approve a waiver of a regulation may be delegated by the Secretary only to an individual of Assistant Secretary or equivalent rank, and the person to whom authority to waive is delegated must also have authority to issue the particular regulation to be waived;

    3. Not less than quarterly, the Secretary must notify the public of all waivers of regulations that HUD has approved, by publishing a notice in the Federal Register. These notices (each covering the period since the most recent previous notification) shall:

    a. Identify the project, activity, or undertaking involved;

    b. Describe the nature of the provision waived and the designation of the provision;

    c. Indicate the name and title of the person who granted the waiver request;

    d. Describe briefly the grounds for approval of the request; and

    e. State how additional information about a particular waiver may be obtained.

    Section 106 of the HUD Reform Act also contains requirements applicable to waivers of HUD handbook provisions that are not relevant to the purpose of this notice.

    This notice follows procedures provided in HUD's Statement of Policy on Waiver of Regulations and Directives issued on April 22, 1991 (56 FR 16337). In accordance with those procedures and with the requirements of section 106 of the HUD Reform Act, waivers of regulations are granted by the Assistant Secretary with jurisdiction over the regulations for which a waiver was requested. In those cases in which a General Deputy Assistant Secretary granted the waiver, the General Deputy Assistant Secretary was serving in the absence of the Assistant Secretary in accordance with the office's Order of Succession.

    This notice covers waivers of regulations granted by HUD from July 1, 2015 through September 30, 2015. For ease of reference, the waivers granted by HUD are listed by HUD program office (for example, the Office of Community Planning and Development, the Office of Housing, and the Office of Public and Indian Housing, etc.). Within each program office grouping, the waivers are listed sequentially by the regulatory section of title 24 of the Code of Federal Regulations (CFR) that is being waived. For example, a waiver of a provision in 24 CFR part 58 would be listed before a waiver of a provision in 24 CFR part 570.

    Where more than one regulatory provision is involved in the grant of a particular waiver request, the action is listed under the section number of the first regulatory requirement that appears in 24 CFR and that is being waived. For example, a waiver of both § 58.73 and § 58.74 would appear sequentially in the listing under § 58.73.

    Waiver of regulations that involve the same initial regulatory citation are in time sequence beginning with the earliest-dated regulatory waiver.

    Should HUD receive additional information about waivers granted during the period covered by this report (the fourth quarter of calendar year 2015) before the next report is published (the first quarter of calendar year 2016), HUD will include any additional waivers granted for the fourth quarter in the next report.

    Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice.

    Dated: March 11, 2016. Helen R. Kanovsky, General Counsel. Appendix Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development October 1, 2015 Through December 31, 2015 Note to Reader:

    More information about the granting of these waivers, including a copy of the waiver request and approval, may be obtained by contacting the person whose name is listed as the contact person directly after each set of regulatory waivers granted.

    The regulatory waivers granted appear in the following order:

    I. Regulatory waivers granted by the Office of Community Planning and Development. II. Regulatory waivers granted by the Office of Housing. III. Regulatory waivers granted by the Office of Public and Indian Housing. I. Regulatory Waivers Granted by the Office of Community Planning and Development

    For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

    • Regulation: 24 CFR 92.251(a)(1).

    Project/Activity: The City of East Cleveland, OH requested a waiver of 24 CFR 92.251(a)(1) to allow the City to consider a homeowner rehabilitation activity that cannot be brought into compliance with local rehabilitation standards.

    Nature of Requirement: The HOME Investment Partnerships Program (HOME) regulation at 24 CFR 92.251(a)(1) requires all housing rehabilitated with HOME funds to meet all applicable local codes and rehabilitation standards at the time of project completion.

    Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning and Development.

    Date Granted: October 21, 2015.

    Reason Waived: The City expended $83,749.77 of the $91,101 HOME funds committed to a homeowner rehabilitation project in 2004, but the homeowner refused to permit the City to complete the rehabilitation work necessary to bring the property fully into compliance with local rehabilitation standards. The City made exhaustive efforts to complete the project, but was unable to obtain the homeowner's permission to complete the rehabilitation work. HUD waived the property standard because the City could not meet the property standards despite its due diligence.

    Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7h Street SW., Room 7164, Washington, DC 20410, telephone (202) 708-2684.

    • Regulation: 24 CFR 92.214(a)(6).

    Project/Activity: Prince George's County, MD requested a waiver of 24 CFR 92.214(a)(6) in order to invest $850,000 of HOME funds into Rainer Manor Phase II, a 57-unit affordable housing project for low-income seniors that had been previously assisted with HOME funds during the period of affordability.

    Nature of Requirement: The regulation at 24 CFR 92.214(a)(6) prohibits, except for one year after project completion, HOME assistance from being provided to a project that was previously assisted with HOME funds during the period of affordability established by the participating jurisdiction in the written agreement required by 24 CFR 92.504.

    Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning and Development.

    Date Granted: November 20, 2015.

    Reason Waived: Rainer Manor Phase II will be developed on a parcel of land subdivided and purchased from the original Rainer Manor project (Rainier Manor I), a project previously assisted with $2,325,000 of HOME funds. HUD granted a waiver to invest additional HOME funds because of the shortage of affordable housing options for low-income seniors in the County. The additional 6 HOME units will be subject to a 40 year period of affordability, and part of the land sale proceeds will be used to supplement the replacement reserves for Rainier Manor I.

    Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7164, Washington, DC 20410, telephone (202) 708-2684.

    • Regulation: 24 CFR 92.252(j) and 24 CFR 92.504(a).

    Project/Activity: In 1996, the Commonwealth of Kentucky designated all 32 units of the Park Place Townhomes in Prestonsburg as HOME-assisted with a 40 year period of affordability period, which designation far exceeded the minimum requirements established in the HOME regulations. As a result of a weak local affordable housing market, Park Place Townhomes has experienced negative cash flow, low rental income, and high debt collection losses. The Commonwealth of Kentucky requested a waiver of 24 CFR 92.252(j) and 24 CFR 92.504(a) in order to reduce the number of HOME units as units become vacant, and the period of affordability to 20 years, the minimum that the HOME regulations require. This action will help the Commonwealth to recapitalize and rehabilitate the project in the near future so that it can become financially viable.

    Nature of Requirement: The regulation at 24 CFR 92.252(j) requires the participating jurisdiction to designate the HOME-assisted units in the written agreement with the owner and maintain that number of units through the period of affordability. The regulation at 24 CFR 92.504(a) requires the participating jurisdiction to ensure that all HOME funds are used in accordance with HOME program requirements and the written agreement.

    Granted By: Harriet Tregoning, Principal Deputy Assistance Secretary for Community Planning and Development.

    Date Granted: December 9, 2015.

    Reason Waived: HUD granted the request because of the highly unusual market conditions in the area. There is an oversupply of affordable rental units resulting in a high vacancy rate for HOME-assisted units in the project. The vacancy rate and resulting operating deficit will lead to default and foreclosure in the near term. Reducing the number of HOME units and the period of affordability to what the HOME regulations require, will help the Commonwealth to recapitalize and rehabilitate the project in the near future so that it can become financially viable.

    Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7164, Washington, DC 20410, telephone (202) 708-2684.

    II. Regulatory Waivers Granted by the Office of Housing

    For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

    • Regulation: 24 CFR 200.73(c).

    Project/Activity: Glynn Courtyard Apartments, Bath, Maine, Project Number: 022-44007.

    Nature of Requirement: HUD's regulation at 24 CFR 200.73(c) requires, in relevant part that “not less than five rental dwelling units [of an FHA insured multifamily housing project] shall be on one site.”

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: December 9, 2015.

    Reason Waived: The project has been professionally managed as one project since inception. The project has one operating budget and the physical improvements have been ongoing. This, coupled with the project's name change and improved reputation, has contributed to a steady average occupancy of 98 percent. Demand for affordable housing and rental housing in general in Bath, Maine is high. There have been no building permits for multifamily rental units issued in the last ten years. The owner has elected to maintain the project as affordable by agreeing to a Rental Use Agreement, dedicating 20 percent of the units for households at or below 50 percent of median income for the life of the 223(f) loan.

    Contact: Theodore K. Toon, Director, FHA Multifamily Production, Office of Multifamily Housing Programs, Office of Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-8386.

    • Regulation: 24 CFR 219.220(b).

    Project/Activity: St. John's Towers, FHA Project Number 052-SH007, Havre de Grace, MD. St. John's Towers, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loans on the subject project.

    Nature of Requirement: HUD's regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, states “Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.”

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 22, 2015.

    Reason Waived: The owner requested and was granted waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve this affordable housing resource for an additional 35 years through the execution and recordation of a Rental Use Agreement.

    Contact: Cindy Bridges, Account Executive, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone (202) 402-2603.

    • Regulation: 24 CFR 219.220(b).

    Project/Activity: Stephen Smith Towers, FHA Project Number 034-SH015, Philadelphia, PA. Stephen Smith Towers, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the project.

    Nature of Requirement: HUD's regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, states “Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.”

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: November 3, 2015.

    Reason Waived: The owner requested and was granted waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it is due. Deferring the loan payment will preserve this affordable housing resource for an additional 35 years through the execution and recordation of a Rental Use Agreement.

    Contact: Cindy Bridges, Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-2603.

    • Regulation: 24 CFR 219.220(b).

    Project/Activity: Miles City Eagles Manor, FHA Project Number 093-44805, Miles City, MT. Miles City Eagles Manor (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the project.

    Nature of Requirement: HUD's regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, states “Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.”

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: November 20, 2015.

    Reason Waived: The owner requested and was granted waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it is due. Deferring the loan payment will preserve this affordable housing resource for an additional 20 years through the execution and recordation of a Rental Use Agreement.

    Contact: Marilyn Carlson, Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6156, Washington, DC 20410, telephone (202) 402-2602.

    • Regulation: 24 CFR 266.200(b)(2).

    Project/Activity: Federal Financing Bank (FFB) Risk Sharing Initiative, Substantial Rehabilitation Defined. Colorado Housing and Finance Authority (CHFA).

    Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)(2) defines substantial rehabilitation as any combination of covered work to the existing facilities of a project that aggregates to at least 15 percent of project's value after the rehabilitation and that results in material improvement of the project's economic life, livability, marketability, and profitability. Covered work includes replacement, alteration and/or modernization of building spaces, long-lived building or mechanical system components, or project facilities. The following changes apply to both Level I and II Housing Finance Agencies Definition of Substantial Rehabilitation (S/R) revised as: Work that exceeds either: (a) $15,000 times the high cost factor “as adjusted by HUD for inflation”, or (b) replacement of two or more building systems. ‘Replacement’ is when cost of replacement work exceeds 50 percent of the cost of replacing the entire system. The base limit is revised to $15,000 per unit for 2015, and will be adjusted annually based on the percentage change published by the Consumer Financial Protection Bureau, or other inflation cost index published by HUD. This is consistent with proposed changes in MAP Guide.

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 23, 2015.

    Reason Waived: The waiver was necessary to effectuate the Federal Financing Bank (FFB) Risk Sharing Initiative (Initiative) between HUD and the Treasury Department/FFB announced in Fiscal Year 2014. The waiver is consistent with changes that HUD's Office of Multifamily Housing is seeking now to the regulation and as previously approved in March 2015 for the first 11 HFAs participating in the Initiative. Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.

    Contact: Theodore K. Toon, Director, FHA Multifamily Production, Office of Multifamily Housing Programs, Office of Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-8386.

    • Regulation: 24 CFR 266.200(b)(2).

    Project/Activity: Federal Financing Bank (FFB) Risk Sharing Initiative, Substantial Rehabilitation Defined. New Hampshire Housing Finance Agency (NHHFA).

    Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)(2) defines substantial rehabilitation as any combination of covered work to the existing facilities of a project that aggregates to at least 15 percent of project's value after the rehabilitation and that results in material improvement of the project's economic life, livability, marketability, and profitability. Covered work includes replacement, alteration and/or modernization of building spaces, long-lived building or mechanical system components, or project facilities. The following changes apply to both Level I and II Housing Finance Agencies Definition of Substantial Rehabilitation (S/R) revised as: Work that exceeds either: (a) $15,000 times the high cost factor “as adjusted by HUD for inflation”, or (b) replacement of two or more building systems. ‘Replacement’ is when cost of replacement work exceeds 50 percent of the cost of replacing the entire system. The base limit is revised to $15,000 per unit for 2015, and will be adjusted annually based on the percentage change published by the Consumer Financial Protection Bureau, or other inflation cost index published by HUD. This is consistent with proposed changes in MAP Guide.

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 23, 2015.

    Reason Waived: The waiver was necessary to effectuate the Federal Financing Bank (FFB) Risk Sharing Initiative (Initiative) between HUD and the Treasury Department/FFB announced in Fiscal Year 2014. The waivers are consistent with changes that HUD's Office of Multifamily Housing is seeking now to the regulation and as previously approved in March 2015 for the first 11 HFAs participating in the Initiative. Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.

    Contact: Theodore K. Toon, Director, FHA Multifamily Production, Office of Multifamily Housing Programs, Office of Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-8386.

    • Regulation: 24 CFR 266.200(b)(2).

    Project/Activity: Federal Financing Bank (FFB) Risk Sharing Initiative, Substantial Rehabilitation Defined. Vermont Housing Finance Agency (VHFA).

    Nature of Requirement: HUD's regulation at 24 CFR 266.200(b)(2) defines substantial rehabilitation as any combination of covered work to the existing facilities of a project that aggregates to at least 15 percent of project's value after the rehabilitation and that results in material improvement of the project's economic life, livability, marketability, and profitability. Covered work includes replacement, alteration and/or modernization of building spaces, long-lived building or mechanical system components, or project facilities. The following changes apply to both Level I and II Housing Finance Agencies Definition of Substantial Rehabilitation (S/R) revised as: Work that exceeds either: (a) $15,000 times the high cost factor “as adjusted by HUD for inflation”, or (b) replacement of two or more building systems. ‘Replacement’ is when cost of replacement work exceeds 50 percent of the cost of replacing the entire system. The base limit is revised to $15,000 per unit for 2015, and will be adjusted annually based on the percentage change published by the Consumer Financial Protection Bureau, or other inflation cost index published by HUD. This is consistent with proposed changes in MAP Guide.

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 23, 2015.

    Reason Waived: The waiver was necessary to effectuate the Federal Financing Bank (FFB) Risk Sharing Initiative (Initiative) between HUD and the Treasury Department/FFB announced in Fiscal Year 2014. The waiver is consistent with changes that HUD's Office of Multifamily Housing is seeking now to the regulation and as previously approved in March 2015 for the first 11 HFAs participating in the Initiative. Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.

    Contact: Theodore K. Toon, Director, FHA Multifamily Production, Office of Multifamily Housing Programs, Office of Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402-8386.

    • Regulation: 24 CFR 266.200(c)(2).

    Project/Activity: Federal Financing Bank (FFB) Risk Sharing Initiative, Equity Take-Outs. New Hampshire Housing Finance Authority (NHHFA).

    Nature of Requirement: HUD's regulation at 24 CFR 266.200(c)(2) allows existing projects to be refinanced if certain criteria are met. If the property is subject to an HFA financed loan to be refinanced and such refinancing will result in the preservation of affordable housing, refinancing of these properties is permissible if project occupancy is not less than 93 percent (to include consideration of rent in arrears), based on the average occupancy in the project over the most recent 12 months, and the mortgage does not exceed an amount supportable by the lower of the unit rents being collected under the rental assistance agreement or the unit rents being collected at unassisted projects in the market area that are similar in amenities and location to the project for which insurance is being requested. The HUD-insured mortgage may not exceed the sum of the existing indebtedness, cost of refinancing, the cost of repairs and reasonable transaction costs as determined by the Commissioner. If a loan to be refinanced has been in default within the 12 months prior to application for refinancing, the HFA must assume not less than 50 percent of the risk. Equity take-outs for existing projects (refinance transactions) permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs or “equity take-outs” in refinances of HFA-financed projects and those outside of HFA's portfolio if the result is preservation with the following conditions: (1) Occupancy is no less than 93 percent for previous 12 months; (2) no defaults in the last 12 months of the HFA loan to be refinanced; (3) a 20 year affordable housing deed restriction placed on title that conforms to the 542(c) statutory definition; (4) a Capital Needs Assessment (CNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and (5) for projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts, the Owner agrees to renew HAP contract(s) for 20 year term, (subject to appropriations and statutory authorization, etc.), and existing and post-refinance HAP residual receipts are set aside to be used to reduce future HAP payments.

    Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 23, 2015.

    Reason Waived: The waiver was necessary to effectuate the Federal Financing Bank (FFB) Risk Sharing Initiative (Initiative) between HUD and the Treasury Department/FFB announced in Fiscal Year 2014. The waiver is consistent with changes that HUD's Office of Multifamily Housing is seeking now to the regulation and as previously approved in March 2015 for the first 11 HFAs participating in the Initiative. Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program.

    Contact: Theodore K. Toon, Director, FHA Multifamily Production, Office of Multifamily Housing Programs, Office of Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 634, Washington, DC 20410, telephone (202) 402-8386.

    • Regulation: 24 CFR 891.165.

    Project/Activity: Montclair 4, Montclair, CA, Project Number: 143-HD018/CA43-Q091-001.

    Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18-months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 22, 2015.

    Reason Waived: Additional time was needed for the office to complete the review of the closing documents and for the Office of General Counsel to schedule the closing for this mixed-financed project.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: 24 CFR 891.165.

    Project/Activity: Ludlow Commons, Yonkers, NY, Project Number: 012-EE383/ NY36-S101-007.

    Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18-months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: October 22, 2015.

    Reason Waived: Additional time was needed for the office to process the firm commitment package.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: 24 CFR 891.165.

    Project/Activity: Sagetree Terrace, Houston, TX, Project Number: 114-EE149/TX24-S101-003.

    Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18-months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: November 13, 2015.

    Reason Waived: Additional time was needed for the office to process the firm commitment package.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Department of Housing and Urban Development, 4517th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: 24 CFR 891.165.

    Project/Activity: Golf View Apartments, Miami, FL, Project Number: 066-EE121/ FL29-S101-008.

    Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18-months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: November 13, 2015.

    Reason Waived: Additional time was needed for the office to process the firm commitment package.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: 24 CFR 891.165.

    Project/Activity: Middletown Homes 2009, Middletown, NJ, Project Number: 031-HD168/NJ39-Q101-003

    Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18-months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: December 9, 2015.

    Reason Waived: Additional time was needed for unforeseen delays due to permits and to initially close the project.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: 24 CFR 891.100(d).

    Project/Activity: Oscar Eason Senior Elderly Apartments, San Antonio, TX, Project Number: 115-EE097/TX59-S101-003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: December 16, 2015.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202)402-5787.

    • Regulation: Section (IV)(E) of the FY 2014—FY 2015 Comprehensive Housing Counseling Program (HCP) Notice of Funding Availability (NOFA).

    Project/Activity: This waiver is applicable to all grant funds provided under the FY 2014—FY 2015 Comprehensive HCP NOFA during Fiscal Year 2015 for use October 1, 2014 through September 30, 2016.

    Nature of Requirement: Section (IV)(E) of the FY 2014—FY 2015 Comprehensive HCP NOFA would prohibit HUD HCP participants from using HUD HCP grant funds under the NOFA to reimburse housing counseling activity costs for any counseling recipient for which the program participant also received a National Foreclosure Mitigation Counseling (NFMC) Program reimbursement.

    Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing.

    Date Granted: September 23, 2015.

    Reason Waived: HUD found good cause to waive Section (IV)(E) and enable program participants to use FY 2015 HUD HCP grant funds in conjunction with NFMC grant funds because housing counseling industry conditions have changed since the restriction was originally implemented in FY 2012. Funding for the NFMC Program has decreased in recent years; however, housing counseling agencies still continue to provide counseling services in foreclosure prevention for clients who face long-term, complex foreclosure cases. Fixed-price reimbursements provided to counseling agencies under the NFMC Program are insufficient to cover the counseling costs, and the funding restriction had the unintended consequence of creating a hardship for housing counseling agencies and their clients who are involved in complex foreclosure cases.

    Contact: Brian Siebenlist, Director, Office of Policy and Grant Administration, Office of Housing Counseling, Department of Housing and Urban Development, 451 7th Street SW., Room 7282, Washington, DC 20410, telephone (202) 402-4548.

    III. Regulatory Waivers Granted by the Office of Public and Indian Housing

    For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted.

    • Regulation: 24 CFR 905.314(l)(1).

    Project/Activity: The Madison, Wisconsin, Community Development Authority (MCDA).

    Nature of Requirement: HUD's regulation at 24 CFR 905.314(l)(1) and section 9(g)(1) of the United States Housing Act of 1937 (1937 Act) provides that Large PHAs may use no more than 20 percent of their annual Capital Fund grant for activities that are eligible under the Operating Fund. However, the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) permits any PHA to use up to 25 percent of annual Capital Fund grants to for Operating Fund activities and to also permit waivers of the statutory limitation in section 9(e)(1)(C) of the 1937 Act and allow Capital Funds to be used for above baseline anticrime and antidrug activities.

    Granted by: Lourdes Castro Ramirez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waiver: The waiver was granted to allow MCDA to use Capital Funds in excess of 20 percent of its 2015 Capital Fund grant to fund above baseline anticrime and antidrug activities, Operating Fund-eligible activities, based on the authority permitted by Public Law 113-235.

    Contact: Dominique Blom, Deputy Assistant Secretary for the Office of Public Housing Investments, Office of Public and Indian Housing, 451 7th Street SW., Washington, DC 20140, Room 4130, telephone (202) 402-4181.

    • Regulation: 24 CFR 5.801(c)(1) and 24 CFR 5.801(d)(1).

    Project/Activity: Harrison County Housing Authority.

    Nature of Requirement: The regulation establishes certain reporting compliance dates. The audited financial statements are required to be submitted to the Real Estate Assessment Center (REAC) no later than nine months after the housing authority's (HA) fiscal year end (FYE), in accordance with the Single Audit Act and OMB Circular A-133.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: The housing authority is a Section 8 only and nonprofit entity requesting additional time to submit its audited financial data for fiscal year end December 31, 2014. The agency is under investigation by HUD's Office of Inspector General (OIG), in addition to an assessment of operations conducted by the Departmental Enforcement Center (DEC). The additional time would allow the completion of the DEC assessment and provide the necessary time needed for the auditor to complete the agency's audited financial data report.

    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street SW., Suite 100, Washington, DC 20410, telephone (202) 475-7908.

    • Regulation: 24 CFR 5.801(c)(1) and 24 CFR 5.801(d)(1).

    Project/Activity: Texarkana Housing Authority.

    Nature of Requirement: The regulation establishes certain reporting compliance dates. The audited financial statements are required to be submitted to the Real Estate Assessment Center (REAC) no later than nine months after the housing authority's (HA) fiscal year end (FYE), in accordance with the Single Audit Act and OMB Circular A-133.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 15, 2015.

    Reason Waived: The housing authority is requesting an additional 31 days to submit its audited financial data for its fiscal year end of December 31, 2014. The agency has experienced constant change in Executive Directors and Financial Directors leading to investigations by HUD's Office of Inspector General (OIG), in addition to investigations conducted by the Federal Bureau of Investigations (FBI). The additional time would allow for the necessary time needed by the auditor to complete the agency's audited financial data report.

    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street SW., Suite 100, Washington, DC 20410, telephone (202) 475-7908.

    • Regulation: 24 CFR 982.503(a)(3).

    Project/Activity: Housing Authority of the County of Los Angeles (HACoLA), Alhambra, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) states that the public housing agency's (PHA) voucher payment standard schedule shall establish a single payment standard amount for each unit size. For each unit size, the PHA may establish a single payment standard amount for the whole fair market rent (FMR) area, or may establish a separate payment standard amount for each designated part of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: November 16, 2015.

    Reason Waived: For HACoLA, HUD-VASH families take considerably longer to locate affordable units than non HUD-VASH families. This is due in part to extremely low vacancy rates and the high cost of housing, which particularly affect VASH families. The waiver will allow veterans to be more successful in locating suitable housing.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(a)(3).

    Project/Activity: San Diego Housing Commission (SDHC), San Diego, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) states that the public housing agency's (PHA) voucher payment standard schedule shall establish a single payment standard amount for each unit size. For each unit size, the PHA may establish a single payment standard amount for the whole fair market rent (FMR) area, or may establish a separate payment standard amount for each designated part of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 4, 2015.

    Reason Waived: For SDHC, HUD-VASH families face current barriers to housing homeless veterans at the current payment standards due to: (1) A competitive local housing market with a shortage of affordable rental units; (2) landlords able to charge higher rents to market rate tenants; (3) landlord reluctance to rent to homeless individuals due to poor credit history; and (4) a rental market with low vacancy rates and high rent burden.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(a)(3).

    Project/Activity: Housing Authority of the County of Santa Clara (HACSC), San Jose, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.503(a)(3) states that the public housing agency's (PHA) voucher payment standard schedule shall establish a single payment standard amount for each unit size. For each unit size, the PHA may establish a single payment standard amount for the whole fair market rent (FMR) area, or may establish a separate payment standard amount for each designated part of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 22, 2015.

    Reason Waived: Santa Clara County has one of the tightest rental markets in the nation. According to HUD data, the average vacancy rate for the last four quarters ending June 30, 2015, was 0.6 percent. HUD data also reflects that as of September 30, 2015, the leasing rate for HACSC's HUD-VASH participants was only 55 percent (of the 853 HUD-VASH vouchers awarded, only 468 were leased). In addition, the success rate for HUD-VASH voucher holders is only 29 percent for vouchers that are issued with extensions on the term of the voucher for up to a year. Because HUD-VASH families are traditionally more difficult to house and affordable housing is in short supply, HACSC wished to establish a different payment standard schedule at 120 percent of the 2015 FMRs for participants in its HUD-Veterans Affairs Supportive Housing (HUD-VASH) program.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(c)(3) through (5).

    Project/Activity: Housing Authority of the County of Alameda (HACA), Hayward, CA.

    Nature of Requirement: HUD's regulations at 24 CFR 982.503(c)(3) and (5) allow the Secretary to approve an exception payment standard over 120 percent of the fair market rents (FMR) with justification and for no more than 50 percent of the population of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waived: The proposed 2016 FMRs for HACA's jurisdiction had dropped and its rental survey had expired. Since it had provided comments to the final rule on the proposed FMRs and committed to another rental survey, these regulations were temporarily waived until March 1, 2015.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(c)(3) through (5).

    Project/Activity: Berkeley Housing Authority (BHA), Berkeley, CA.

    Nature of Requirement: HUD's regulations at 24 CFR 982.503(c)(3) and (5) allow the Secretary to approve an exception payment standard over 120 percent of the fair market rents (FMR) with justification and for no more than 50 percent of the population of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waived: The proposed 2016 FMRs for BHA's jurisdiction had dropped and its rental survey had expired. Since it had provided comments to the final rule on the proposed FMRs and committed to another rental survey, these regulations were temporarily waived until March 1, 2015.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(c)(3) through (5).

    Project/Activity: Contra Costa Housing Authority (CCHA), Contra Costa, CA.

    Nature of Requirement: HUD's regulations at 24 CFR 982.503(c)(3) and (5) allow the Secretary to approve an exception payment standard over 120 percent of the fair market rents (FMR) with justification and for no more than 50 percent of the population of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waived: The proposed 2016 FMRs for CCHA's jurisdiction had dropped and its rental survey had expired. Since it had provided comments to the final rule on the proposed FMRs and committed to another rental survey, these regulations were temporarily waived until March 1, 2015.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(c)(3) through (5).

    Project/Activity: Housing Authority of the City of Livermore (HACL), Livermore, CA.

    Nature of Requirement: HUD's regulations at 24 CFR 982.503(c)(3) and (5) allow the Secretary to approve an exception payment standard over 120 percent of the fair market rents (FMR) with justification and for no more than 50 percent of the population of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waived: The proposed 2016 FMRs for HACL's jurisdiction had dropped and its rental survey had expired. Since it had provided comments to the final rule on the proposed FMRs and committed to another rental survey, these regulations were temporarily waived until March 1, 2015.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.503(c)(3) through (5).

    Project/Activity: Oakland Housing Authority (OHA), Oakland, CA.

    Nature of Requirement: HUD's regulations at 24 CFR 982.503(c)(3) and (5) allow the Secretary to approve an exception payment standard over 120 percent of the fair market rents (FMR) with justification and for no more than 50 percent of the population of the FMR area.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 11, 2015.

    Reason Waived: The proposed 2016 FMRs for OHA's jurisdiction dropped and its rental survey expired. Since it had provided comments to the final rule on the proposed FMRs and committed to another rental survey, these regulations were temporarily waived until March 1, 2015.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Orange County Housing Authority (OCHA), Santa Ana, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: The participant, who is a person with disabilities, required an exception payment standard to remain in his current unit which is wheelchair-accessible and meets the needs of his disability. To provide this reasonable accommodation so that the client could remain in his unit and pay no more than 40 percent of his adjusted income toward the family share, the OCHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Orange County Housing Authority (OCHA), Santa Ana, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: The participant, who is a person with disabilities, required an exception payment standard to remain in his current unit (with his live-in aide) which is wheelchair-accessible and meets the needs of his disability. To provide this reasonable accommodation so that the client could remain in his unit and pay no more than 40 percent of his adjusted income toward the family share, the OCHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Howard County Housing (HCH), Columbia, MD.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 19, 2015.

    Reason Waived: A voucher participant, who is a person with disabilities, required an exception payment standard to move to remain in his current unit that met his needs. To provide this reasonable accommodation so that the participant could remain in his unit and pay no more than 40 percent of his adjusted income toward the family share, the MCHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Marion County Housing Authority (MCHA), Salem, OR.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 19, 2015.

    Reason Waived: A voucher participant, who is a person with disabilities, required an exception payment standard to move to remain in his current unit that met his needs. To provide this reasonable accommodation so that the participant could remain in his unit and pay no more than 40 percent of his adjusted income toward the family share, the MCHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: San Diego Housing Commission (SDHC), San Diego, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 27, 2015.

    Reason Waived: A voucher participant, who is a person with disabilities, required an exception payment standard to remain in his current unit that met his needs. To provide this reasonable accommodation so that the participant could remain in his unit and pay no more than 40 percent of his adjusted income toward the family share, the SDHC was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: St. Paul Public Housing Agency (SPPHA), St. Paul, MN.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 30, 2015.

    Reason Waived: A voucher applicant, who is a person with disabilities, required an exception payment standard to move to a unit that met his needs. To provide this reasonable accommodation so that the participant could move to a unit and pay no more than 40 percent of his adjusted income toward the family share, the SPPHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Arvada Housing Authority (AHA), Arvada, CO.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: November 3, 2015.

    Reason Waived: A voucher participant, who is a person with disabilities, required an exception payment standard to remain in her unit that is wheelchair accessible. To provide this reasonable accommodation so that the participant could remain in her current unit and pay no more than 40 percent of her adjusted income toward the family share, the AHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Housing Authority of Grays Harbor (HAGH), Aberdeen, WA.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: November 13, 2015.

    Reason Waived: A voucher participant, who is a person with disabilities, required an exception payment standard to remain in her unit that meets her needs. To provide this reasonable accommodation so that the participant could remain in her current unit and pay no more than 40 percent of her adjusted income toward the family share, the HAGH was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Howard County Housing (HCH), Columbia, MD.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 18, 2015.

    Reason Waived: A portable participant, who has an adult daughter with disabilities, required an exception payment standard to move to a unit that was wheelchair accessible to meet her daughter's needs. To provide this reasonable accommodation so that the family could move to this unit and pay no more than 40 percent of the family's adjusted income toward the family share, the HCH was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: County of Maui Department of Housing and Human Concerns (DHHC), Wailuku, HI.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 22, 2015.

    Reason Waived: Two voucher applicants, who are persons with disabilities, each required an exception payment standard to move to units that met the needs of their disabilities. To provide these reasonable accommodations so that the applicants could move to these units and pay no more than 40 percent of each one's adjusted income toward the family share, the DHHC was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Colorado Department of Local Affairs (CDLA), Denver, CO.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 23, 2015.

    Reason Waived: A disabled participant required an exception payment standard to remain in her unit that was wheelchair accessible to meet the needs of her disability. To provide this reasonable accommodation so that the family could remain in this unit and pay no more than 40 percent of the family's adjusted income toward the family share, the CDLA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: County of Salt Lake Housing Authority (CSLHA), Salt Lake City, UT.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 23, 2015.

    Reason Waived: A disabled participant required an exception payment standard to move to a unit that was wheelchair accessible to meet the needs of her disability. To provide this reasonable accommodation so that the family could move to this unit and pay no more than 40 percent of the family's adjusted income toward the family share, the CSLHA was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 982.505(d).

    Project/Activity: Boulder County Department of Housing and Human Services (DHHS), Boulder, CO.

    Nature of Requirement: HUD's regulation at 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is within the basic range of 90 to 110 percent of the fair market rent (FMR) for the unit size.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 28, 2015.

    Reason Waived: A disabled participant required an exception payment standard to remain in a unit that met the needs of her disability. To provide this reasonable accommodation so that the family could remain in this unit and pay no more than 40 percent of the family's adjusted income toward the family share, the DHHS was allowed to approve an exception payment standard that exceeded the basic range of 90 to 110 percent of the FMR.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 983.6(b).

    Project/Activity: Community Development Commission of Mendocino County (CDCMC), Ukiah, CA.

    Nature of Requirement: HUD's regulation at 24 CFR 983.6(b) states that all project-based certificate and project-based voucher (PBV) units, for which the PHA has issued a notice of proposal selection or which are under an Agreement to enter into a Housing Assistance Payments (AHAP) or HAP contract, count against the 20 percent maximum amount of budget authority. This provision is also statutory in accordance with section 8(o)(13)(B) of the U. S. Housing Act of 1937.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: November 6, 2015.

    Reason Waived: Budget authority only provided for two units to be project-based. The CDCMC received one proposal in response to its Request for Proposals for 10 units and the owner was not willing to project-base fewer units. If the CDCMC could not project-base all 10 vouchers, CDCMC would have to return its voucher allocation because of the difficulties the homeless veterans were having leasing units. The CDCMC's success rate for these vouchers was only 62 percent. In addition, the Appropriations Acts for the HUD-VASH program allow for waivers of statutes.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Municipality of Aguas Beunas (MAB), Aguas Beuenas, PR.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because between the time of the MGL's fiscal year ending June 30, 2015, and its SEMAP submission deadline, the Municipality of Aguas Buenas was declared to be in a state of emergency due to Tropical Storm Erika. Power and internet connections were unavailable. MAB was unable to submit its SEMAP certification.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Municipality of Anasco (MA), Anasco, PR.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because between the time of the MA's fiscal year ending June 30, 2015, and its SEMAP submission deadline, the Municipality of Anasco was declared to be in a state of emergency due to Tropical Storm Erika. Power and internet connections were unavailable. MA was unable to submit its SEMAP certification.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Choanoke Area Development Association (CADA), Rich Square, NC.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year, June 30, 2015.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because at the time of SEMAP certification, submission, the CADA's Housing Manager was on extended leave due to emergency surgery. She was unable to guide anyone else through the process. Therefore, the CADA was unable to submit its SEMAP certification successfully.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Municipal Government of Lajas (MGL), Lajas, PR.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because between the time of the MGL's fiscal year ending June 30, 2015, and its SEMAP submission deadline, the Municipality of Lajas was declared to be in a state of emergency due to Tropical Storm Erika. Power and internet connections were unavailable. MGL was unable to submit its SEMAP certification.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: State of New Jersey Division of Housing and Community Resources (DHCR), Trenton, NJ.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year, June 30, 2015.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because DHCR had been involved with a major Internal Revenue Service audit which demanded a significant amount of staff time and shift work. The audit was initiated in the later part of April 2015 and the time demanded precluded the DHCR from submitting its SEMAP certification on time.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Municipality of Toa Alta (MTA), Toa Alta, PR.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 16, 2015.

    Reason Waived: This waiver was granted because between the time of the MGL's fiscal year ending June 30, 2015, and its SEMAP submission deadline, the Municipality of Toa Altas was declared to be in a state of emergency due to Tropical Storm Erika. Power and internet connections were unavailable. MTA was unable to submit its SEMAP certification.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: South Tucson Housing Authority (STHA), South Tucson, AZ.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 30, 2015.

    Reason Waived: This waiver was granted because the STHA entered its SEMAP certification into the PIC Test Module instead of the PIC module during the reporting period. The STHA was unaware of this mistake until after the submission deadline.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: South Tucson Housing Authority (STHA), South Tucson, AZ.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: October 30, 2015.

    Reason Waived: This waiver was granted because the STHA entered its SEMAP certification into the PIC Test Module instead of the PIC module during the reporting period. The STHA was unaware of this mistake until after the submission deadline.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Boley Centers Housing Authority (BCHA), St. Petersburg, FL.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 4, 2015.

    Reason Waived: This waiver was granted because the BCHA encountered repeated technical difficulties during the SEMAP certification process. It was the first time the new director attempted this process and the BCHA was unable to submit its certification before the deadline.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Housing Authority of the City of Carrollton (HACC), Carrollton, GA.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 15, 2015.

    Reason Waived: This waiver was granted because the HACC is a small PHA required to submit SEMAP certifications every other year. The local field office provided incorrect information regarding reporting dates that precluded the HACC from submitted its certification at the correct fiscal year end.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    • Regulation: 24 CFR 985.101(a).

    Project/Activity: Housing Authority of Newnan (HAN), Newnan, GA.

    Nature of Requirement: HUD's regulation at 24 CFR 985.101(a) states a PHA must submit the HUD-required Section Eight Management Assessment Program (SEMAP) certification form within 60 calendar days after the end of its fiscal year.

    Granted By: Lourdes Castro Ramírez, Principal Deputy Assistant Secretary for Public and Indian Housing.

    Date Granted: December 15, 2015.

    Reason Waived: This waiver was granted because the HAN is a small PHA required to submit SEMAP certifications every other year. The local field office provided incorrect information regarding reporting dates that precluded the HAN from submitted its certification at the correct fiscal year end.

    Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-0477.

    [FR Doc. 2016-05956 Filed 3-16-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of reservation proclamation.

    SUMMARY:

    This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 2.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 11, 2016.

    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 land described below. The land was proclaimed to be Shakopee Mdewakanton Sioux Community Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or Tribal membership.

    Reservation of the Shakopee Mdewakanton Sioux Community, Township of Prior Lake, County of Scott and State of Minnesota MWCC (Parcel 4) The Wilds Legal Description Containing 2.00 Acres, More or Less

    The West 249.00 feet of the South 350.00 feet, as measured along the South and West lines respectively, of Outlot O, The Wilds, according to the recorded plat thereof, and located in the Southwest Quarter of the Southeast Quarter of Section 28, Township 115 North, Range 22 West, 5th Principal Meridian.

    This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads and highways, for public utilities and for railroads or pipelines and any other rights-of-way or reservations of record.

    Dated: March 11, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-06050 Filed 3-16-16; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of reservation proclamation.

    SUMMARY:

    This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 24.69 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 11, 2016.

    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 land described below. The land was proclaimed to be Shakopee Mdewakanton Sioux Community Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or Tribal membership.

    Reservation of the Shakopee Mdewakanton Sioux Community, Township of Prior Lake, County of Scott and State of Minnesota.

    Wozupi Legal description containing 24.69 acres, more or less That part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 115 North, Range 22 West, 5th Principal Meridian, Scott County, Minnesota, lying west of the following described line:

    Beginning at a point on the north line of said Northwest Quarter of the Northwest Quarter distant 404.50 feet east of the northwest corner thereof; thence southerly to a point on the south line of said Northwest Quarter of the Northwest Quarter distant 411.15 feet east of the southwest corner of said Northwest Quarter of the Northwest Quarter and there terminating, containing 12.31 acres, more or less.

    AND

    That part of the Northwest Quarter of the Northwest Quarter (NW. 1/4 of NW. 1/4) of Section 28, Township 115 North, Range 22 West of the 5th Principal Meridian, Scott County, Minnesota, lying West of the East 500.00 feet of said Northwest Quarter of the Northwest Quarter and East of the following described line:

    Beginning at a point on the North line of said Northwest Quarter of the Northwest Quarter distant 404.50 feet East of the Northwest corner thereof; thence Southerly to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 411.15 feet East of the Southwest corner of said Northwest Quarter of the Northwest Quarter and there terminating, according to the United States Government Survey thereof and situate in Scott County, Minnesota, containing 12.38 acres, more or less.

    This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads and highways, for public utilities and for railroads or pipelines and any other rights-of-way or reservations of record.

    Dated: March 11, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-06043 Filed 3-16-16; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Proclaiming Certain Lands as Reservation for the Shakopee Mdewakanton Sioux Community of Minnesota AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of reservation proclamation.

    SUMMARY:

    This notice informs the public that the Assistant Secretary—Indian Affairs proclaimed approximately 20.00 acres, more or less, an addition to the reservation of the Shakopee Mdewakanton Sioux Community of Minnesota on March 11, 2016.

    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 land described below. The land was proclaimed to be Shakopee Mdewakanton Sioux Community Reservation for the exclusive use of Indians on that reservation who are entitled to reside at the reservation by enrollment or Tribal membership.

    Reservation of the Shakopee Mdewakanton Sioux Community, Township of Prior Lake, County of Scott and State of Minnesota Former Carlson Property Legal Description Containing 20.00 Acres More or Less

    The South Half of the Southwest Quarter of the Northwest Quarter of Section 28, Township 115 North, Range 22 West, 5th Principal Meridian.

    This proclamation does not affect title to the land described above, nor does it affect any valid existing easements for public roads and highways, for public utilities and for railroads or pipelines and any other rights-of-way or reservations of record.

    Dated: March 11, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs.
    [FR Doc. 2016-06044 Filed 3-16-16; 8:45 am] BILLING CODE 4337-15-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 April 5, 2016 at the BLM Las Cruces District Office, 1800 Marquess Street, Las Cruces, New Mexico from 9:00 to 11:30 a.m. Following the meeting, the BLM and RAC will tour the Doña Ana Mountains located on the Organ Mountains-Desert Peaks National Monument. The field tour will depart from the BLM office at 1:00 p.m. and conclude at 5:00 p.m. Both the meeting and field tour is open to the public. 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.

    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 current and proposed projects in the Las Cruces District, including lands/realty, planning and energy projects.

    A half-hour public comment period, during which the public may address the Council, will begin at 11:00 a.m. Depending on the number of individuals wishing to comment and time available, the time for individual oral comments may be limited.

    Byron Loosle, Acting Deputy State Director.
    [FR Doc. 2016-06002 Filed 3-16-16; 8:45 am] BILLING CODE 4310-FB-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-16-009] Sunshine Act Meeting AGENCY:

    United States International Trade Commission.

    TIME AND DATE:

    March 25, 2016 at 9:30 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: none 2. Minutes 3. Ratification List 4. Vote in Inv. Nos. 701-TA-557 and 731-TA-1312 (Preliminary) (Stainless Steel Sheet and Strip from China). The Commission is currently scheduled to complete and file its determinations on March 28, 2016; views of the Commission are currently scheduled to be completed and filed on April 4, 2016. 5. Outstanding action jackets: none

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    Issued: March 14, 2016.

    By order of the Commission:

    William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2016-06166 Filed 3-15-16; 4:15 pm] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—UHD Alliance, Inc.

    Notice is hereby given that, on February 12, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), UHD Alliance, Inc. (“UHD Alliance”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Sky UK Ltd., Middlesex, United Kingdom; Rogers Communications, Toronto, Ontario, Canada; Quantum Data, Inc., Elgin, IL; and Telus Communications Inc., Edmonton, Alberta, Canada, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and UHD Alliance intends to file additional written notifications disclosing all changes in membership.

    On June 17, 2015, UHD Alliance filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 17, 2015 (80 FR 42537).

    The last notification was filed with the Department on November 27, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on December 28, 2015 (80 FR 80810).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-06079 Filed 3-16-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Petroleum Environmental Research Forum Project No. 2014-10, Direct Monitoring of Flare Combustion Efficiency

    Notice is hereby given that, on February 18, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Petroleum Environmental Research Forum Project No. 2014-10, Direct Monitoring of Flare Combustion Efficiency (“PERF Project No. 2014-10”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.

    Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: ExxonMobil Research and Engineering Company, Spring, TX; Aramco Services Company, Houston, TX; Chevron U.S.A. Inc., A Pennsylvania Corporation through its Division Chevron Energy Technology Company Division, San Ramon, CA; Chevron Phillips Chemical Company LP, The Woodlands, TX; Eastman Chemical Company, Kingsport, TN; and Phillips 66 Company, Houston, TX. The general area of PERF Project No. 2014-10's planned activity is, through cooperative research efforts, to explore a series of field tests at a commercial scale test flare to collect raw data regarding performance of third party vendor/licensor remote sensing technologies to continuously measure flare combustion efficiency (CE).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-06083 Filed 3-16-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF LABOR Employment and Training Administration Comment Request for Information Collection for Registered Apprenticeship-College Consortium AGENCY:

    Employment and Training Administration (ETA), Labor.

    ACTION:

    Notice, extension without change.

    SUMMARY:

    The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps to ensure that respondents can provide data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed.

    Currently, ETA is soliciting comments concerning the collection of data about the Registered Apprenticeship-College Consortium, which expires August 31, 2016.

    DATES:

    Submit written comments to the office listed in the addressee's section below on or before May 16, 2016.

    ADDRESSES:

    Send written comments to Laura Ginsburg, Office of Apprenticeship, Room C-5321, Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Telephone number: 202-693-2796 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1-877-889-5627 (TTY/TDD). Fax: 202-693-3799. Email: [email protected] To obtain a copy of the proposed information collection request (ICR), please contact the person listed above.

    SUPPLEMENTARY INFORMATION: I. Background

    The data collection includes three application forms to establish membership in the Registered Apprenticeship-College Consortium. The three types of membership are: Two- and four-year post-secondary institutions, Registered Apprenticeship sponsors, and organizations and associations that represent institutions or sponsors on a national, regional or state level and serve in a coordinating role to facilitate membership in the consortium. At the September 2011 meeting of the Secretary's Advisory Committee on Apprenticeship (ACA) a unanimous proposal was adopted to form a national consortium based on the Servicemembers Opportunity Colleges Consortium (SOC) model, which is a consortium of colleges that provides college articulation for soldiers and veterans who accumulate credits at a number of colleges. The SOC is supported by the Department of Defense. The ACA also adopted the Registered Apprenticeship-College Consortium Articulation Framework which outlines the goals of the consortium, the principles that guide the effort, conditions of membership, and criteria. The ACA authorizes this information collection.

    II. Review Focus

    The Department of Labor is particularly interested in comments which:

    • 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 submissions of responses.

    III. Current Actions

    Type of Review: Extension without changes.

    Title: Registered Apprenticeship-College Consortium.

    OMB Number: 1205-0512.

    Affected Public: Federal Government; State, Local, and Tribal Governments; and Private Sector—Businesses or other for-profit and not-for profit institutions.

    Estimated Total Annual Respondents: 165 per year or 495 over three years.

    Annual Frequency: Bi-annual (i.e., once every two years.

    Estimated Total Annual Responses: 165.

    Average Estimated Response Time per Response: 10 minutes.

    Estimated Total Annual Burden Hours: 31 hours.

    Total Annual Estimated Burden Cost for Respondents: $843.00.

    We will summarize and/or include in the request for OMB approval of the ICR, the comments received in response to this comment request; they will also become a matter of public record.

    Portia Wu, Assistant Secretary for Employment and Training, Labor.
    [FR Doc. 2016-06020 Filed 3-16-16; 8:45 am] BILLING CODE 4510-FR-P
    LEGAL SERVICES CORPORATION Sunshine Act Meeting DATE AND TIME:

    The Legal Services Corporation's Institutional Advancement Committee will meet telephonically on March 22, 2016. The meeting will commence at 10:30 a.m., EDT, and will continue until the conclusion of the Committee's agenda.

    LOCATION:

    John N. Erlenborn Conference Room, Legal Services Corporation Headquarters, 3333 K Street NW., 4th Floor Conference Room, Washington DC 20007.

    PUBLIC OBSERVATION:

    Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the telephone call-in directions provided below.

    CALL-IN DIRECTIONS FOR OPEN SESSIONS:

    • Call toll-free number: 1-866-451-4981;

    • When prompted, enter the following numeric pass code: 5907707348

    • When connected to the call, please immediately “MUTE” your telephone.

    Members of the public are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold if doing so will trigger recorded music or other sound. From time to time, the Chair may solicit comments from the public.

    STATUS OF MEETING:

    Open.

    MATTERS TO BE CONSIDERED:

    1. Approval of agenda 2. Board member visits to grantees 3. Consider and act on allocation of private funds 4. Update on Leaders Council 5. Public comment 6. Consider and act on other business 7. Consider and act on adjournment of meeting CONTACT PERSON FOR INFORMATION:

    Katherine Ward, Executive Assistant to the Vice President & General Counsel, at (202) 295-1500. Questions may be sent by electronic mail to [email protected]

    ACCESSIBILITY:

    LSC complies with the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act. Upon request, meeting notices and materials will be made available in alternative formats to accommodate individuals with disabilities. Individuals needing other accommodations due to disability in order to attend the meeting in person or telephonically should contact Katherine Ward, at (202) 295-1500 or [email protected], at least 2 business days in advance of the meeting. If a request is made without advance notice, LSC will make every effort to accommodate the request but cannot guarantee that all requests can be fulfilled.

    Dated: March 14, 2016. Katherine Ward, Executive Assistant to the Vice President for Legal Affairs and General Counsel.
    [FR Doc. 2016-06106 Filed 3-15-16; 11:15 am] BILLING CODE 7050-01-P
    NATIONAL SCIENCE FOUNDATION Agency Information Collection Activities: Comment Request AGENCY:

    National Science Foundation.

    ACTION:

    Notice; submission for OMB review; comment request.

    SUMMARY:

    The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. This is the second notice for public comment; the first was published in the Federal Register at 81 FR 972, and no comments were received. NSF is forwarding the proposed renewal submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice. The full submission may be found at: http://www.reginfo.gov/public/do/PRAMain. Comments regarding (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 burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (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 technological collection techniques or other forms of information technology should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725 17th Street NW., Room 10235, Washington, DC 20503, and to Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, VA 22230, or by email to [email protected] Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556.

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

    Under OMB regulations, the agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    ADDRESSES:

    Submit written comments 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:

    Call or write, Suzanne Plimpton, Reports Clearance Officer, National Science Foundation, 4201 Wilson Boulevard, Room 1265, Arlington, VA 22230, or by 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.

    Abstract: 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: March 9, 2016. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2016-06003 Filed 3-16-16; 8:45 am] BILLING CODE 7555-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2016-96 and CP2016-121; Order No. 3150] 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 45 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: March 21, 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 through 3020.35, the Postal Service filed a formal request and associated supporting information to add First-Class Package Service Contract 45 to the competitive product list.1

    1 Request of the United States Postal Service to Add First-Class Package Service Contract 45 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 11, 2016 (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. Request at 1-2. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2016-96 and CP2016-121 to consider the Request pertaining to the proposed First-Class Package Service Contract 45 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 March 21, 2016. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints Lyudmila Y. Bzhilyanskaya to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2016-96 and CP2016-121 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya 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 March 21, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-06038 Filed 3-16-16; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2016-95 and CP2016-120; Order No. 3149] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Priority Mail Contract 196 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: March 21, 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 through 3020.35, the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 196 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Contract 196 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, March 11, 2016 (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. MC2016-95 and CP2016-120 to consider the Request pertaining to the proposed Priority Mail Contract 196 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 March 21, 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. MC2016-95 and CP2016-120 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 March 21, 2016.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2016-06037 Filed 3-16-16; 8:45 am] BILLING CODE 7710-FW-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77353; File No. SR-NASDAQ-2016-034] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change Regarding Monthly Distributions, Excess Returns, and Share Index Factors of Certain AccuShares® Trust I Funds March 11, 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 March 2, 2016, The NASDAQ Stock Market LLC (“NASDAQ” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in in Items I and II below, which Items have been prepared by the Exchange. 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 indicate the following:

    (1) That regular distributions (“Regular Distributions”) of the following Paired Class Shares issued by AccuShares® Trust I (formerly known as AccuShares Commodities Trust I) (the “AccuShares Trust” or “Trust”) 3 will be made on a monthly basis on behalf of each of the following segregated series AccuShares S&P® GSCI® Industrial Metals Spot Fund, AccuShares S&P GSCI Crude Oil Spot Fund, and AccuShares S&P GSCI Brent Oil Spot Fund (each a “Distribution Fund”, and collectively the “Distribution Funds”); 4

    3 AccuShares® is a registered trademark of AccuShares Holdings LLC. S&P®, S&P GSCI®, S&P 500® and Standard & Poor's® are registered trademarks of Standard & Poor's® Financial Services LLC. CBOE®, Chicago Board Options Exchange®, CBOE Volatility Index® and VIX® are registered trademarks of Chicago Board Options Exchange®, Incorporated (“CBOE”). Dow Jones® is a registered trademark of Dow Jones® Trademark Holdings LLC.

    4 The Paired Class Shares funds discussed in this proposal—the three Distribution Funds and the AccuShares S&P GSCI Natural Gas Spot Fund—and in addition the AccuShares S&P GSCI Spot Fund, the AccuShares S&P GSCI Agriculture and Livestock Spot Fund, and the AccuShares Spot CBOE® VIX® Fund, are approved for listing. See Securities Exchange Act Release No. 74299 (February 18, 2015), 80 FR 9778 (February 24, 2015) (SR-NASDAQ-2014-065) (order approving new Rule 5713 and listing seven AccuShares funds) (the “AccuShares Order”). The first, and only, AccuShares fund that is currently listed and trading on the Exchange is the AccuShares Spot CBOE® VIX® Fund. See also Securities Exchange Act Release No. 72412 (June 17, 2014), 79 FR 35610 (June 23, 2014) (SR-NASDAQ-2014-065) (notice of filing regarding new Rule 5713 and listing seven AccuShares funds) (the “AccuShares Proposal”). The funds approved for listing in the AccuShares Order are together called the “Funds”.

    (2) That the following Paired Class Shares issued by the Trust will have their indexes changed from the spot variant to the excess return variant of such indexes and the funds will be renamed to accurately reflect the changes to the indexes—the AccuShares S&P GSCI Crude Oil Spot Fund will have its index changed from the S&P GSCI Crude Oil Spot Index to the S&P GSCI Crude Oil Excess Return Index and the fund will be renamed AccuShares S&P GSCI Crude Oil Excess Return Fund, and the AccuShares S&P GSCI Natural Gas Spot Fund will have its index changed from S&P GSCI Natural Gas Spot Index to S&P GSCI Natural Gas Excess Return Index and the fund will be renamed AccuShares S&P GSCI Natural Gas Excess Return Fund; and

    (3) That the Share Index Factors 5 for the AccuShares Spot CBOE VIX Fund would be reset on a weekly basis on each Tuesday (after certain distribution dates), and the regular distributions for the AccuShares Spot CBOE VIX Fund would be made monthly on the third Tuesday rather than monthly on the 15th so that each monthly distribution date (and the end of each monthly measuring period) coincides with a Share Index Factor reset.

    5 Share Index Factors are discussed below.

    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, the self-regulatory organization 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 those 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

    The purpose of this proposed rule change is to indicate the following:

    (1) That Regular Distributions will be made on a monthly basis on behalf of each of the Distribution Funds;

    (2) That the following Paired Class Shares issued by the Trust will have their indexes changed from the spot variant to the excess return variant of such indexes and the funds will be renamed to accurately reflect the changes to the indexes—the AccuShares S&P GSCI Crude Oil Spot Fund (“Crude Oil Fund”) will have its index changed from the S&P GSCI Crude Oil Spot Index to the S&P GSCI Crude Oil Excess Return Index and the fund will be renamed AccuShares S&P GSCI Crude Oil Excess Return Fund (“Excess Crude Oil Fund”), and the AccuShares S&P GSCI Natural Gas Spot Fund (“Natural Gas Fund”) will have its index changed from S&P GSCI Natural Gas Spot Index to S&P GSCI Natural Gas Excess Return Index and the fund will be renamed AccuShares S&P GSCI Natural Gas Excess Return Fund (“Excess Natural Gas Fund”); 6 and

    6 Excess returns, which are discussed below, are generally investment returns from a security or portfolio that exceed a benchmark or index with a similar level of risk. For the Excess Return Crude Oil Fund and the Excess Return Natural Gas Fund, the excess return index is calculated from holding a nearest-to-expiration futures contract, and exchanging such nearest-to-expiration contract for the contract expiring in the next following month in accordance with the monthly S&P GSCI roll schedule. The S&P GSCI roll schedule holds the nearest-to-expiration futures contract until the fifth trading day of each month, and over the fifth to ninth trading day of each month sells the nearest-to-expiration contract and purchases the contract expiring in the next following month (i.e. rolls the futures contracts) in five equal installments of twenty percent each. The excess return is inclusive of two things: The gain or loss associated with holding a futures contract and the gain or loss associated with the rolling of a futures contract to the next following expiration. In contrast, the spot variant does not include the gain or loss associated with rolling from the nearest-to-expiration contract to the next following contract (i.e. the spot variant only captures the return related to holding a contract). The excess return is replicated by holding and trading futures contracts underlying the index in accordance with the S&P GSCI roll schedule. The spot variant, on the other hand, cannot be directly hedged with rolling futures contracts, and its hedging requires active anticipatory hedging and rolling based on the price differentials between forward expiry futures contracts. The spot variant has not been used for any index in exchange traded products, whereas the excess variant routinely continues to be used for these purposes. In the case of the excess return indexes for the Excess Return Crude Oil Fund and the Excess Return Natural Gas Fund, the changes in the excess return variant may be larger or smaller than the changes in the benchmark spot return variant. See also http://www.investopedia.com/terms/e/excessreturn.asp.

    (3) That the Share Index Factors for the AccuShares Spot CBOE VIX Fund (“VIX Fund”) 7 would be reset on a weekly basis on each Tuesday (after certain distribution dates), and the regular distributions for the VIX Fund would be made monthly on the third Tuesday rather than monthly on the 15th so that each monthly distribution date (and the end of each monthly measuring period) coincides with a Share Index Factor reset.8

    7 The VIX is a key measure of market expectations of near-term volatility conveyed by S&P 500® stock index option prices.

    8 Share Index Factors would continue to reset after any Regular Distribution or special distribution. In addition to Regular Distributions and special distributions, discussed below, Funds may also have corrective distributions and net income distributions. Since this filing does not implicate or change any of these other types of distributions, they are not discussed herein.

    Paired Class Shares—A Short Background 9

    9 The Exchange will not engage in a detailed discussion of the Funds or all aspects of Paired Class Shares. This is done for purposes of brevity. This short background description is intended only to provide context for discussion of the proposed rule change. For additional detail, see the AccuShares Order or AccuShares Proposal. See also Rule 5713.

    The structure of Paired Class Shares is designed to be a passive unmanaged investment vehicle with the objective to provide investors with exposure to changes in an Underlying Benchmark as defined below. Paired Class Shares are expected to provide retail as well as institutional investors with a simple, liquid and cost effective means of simulating an investment in an Underlying Benchmark.

    As noted in Rule 5713, Paired Class Shares will be issued by a trust on behalf of a segregated series of the Trust,10 each of which is known as a Fund. Paired Class Shares will have values that are based on an index or other numerical variable (“Underlying Benchmark”) whose value reflects the value of assets, prices, price volatility or other economic interests (“Reference Asset”).11 The Trust will always issue Paired Class Shares in pairs of shares of opposing classes of each Fund. The values of the opposing classes will move in opposite directions as the value of the Fund's Underlying Benchmark, such as VIX for the VIX Fund, varies from its starting level, where one constituent of the pair is positively linked to the Fund's Underlying Benchmark (“Up Shares”) and the other constituent is negatively linked to the Fund's Underlying Benchmark (“Down Shares”). The rate of linkage or leverage of a Fund's Up Shares and Down Shares performance to the performance of the Fund's referenced Underlying Benchmark will be one-to-one. The calculation of the liquidation value of a Fund attributable to each of its classes of Paired Class Shares (“Class Value”), and each Share of such class' pro rata portion of Class Value (“Class Value per Share”), will be determined according to a mathematical formula.12

    10 The Trust in the case of AccuShares is a Delaware statutory trust that was established into separate AccuShares Funds pursuant to the Second Amended and Restated Trust Agreement of the AccuShares Trust, by AccuShares Investment Management, LLC, a Delaware limited liability company, as sponsor (the “Sponsor”), and Wilmington Trust, N.A., a national banking association, as trustee (the “Trustee”), as it may be amended and restated from time to time (the “Trust Agreement”). Under the Trust Agreement, the Sponsor has exclusive management and control of all aspects of the business of each Fund. Specifically, the Sponsor selects the Funds' service providers, negotiates various fees and agreements and performs such other services as the Sponsor believes that the AccuShares Trust may require from time to time. See 79 FR 35610 at 35615 (AccuShares Proposal).

    11 Other economic interests would include, for example, currencies, interest rates, non-investable economic indices and other measures of financial instrument value.

    12 The mathematical formula is based on the following factors: (1) The value of Fund assets, (2) the allocation of such value based on changes in the level of the Fund's Underlying Benchmark which may be limited, reduced, capped or otherwise modified according to formula or pre-set parameters, and (3) the daily accrual of gain and income or loss on the assets of the Fund, less the liabilities of the Fund, as such gains, income losses and liabilities are allocated to each class of the Fund.

    Each Fund will engage in: (1) Scheduled Regular Distributions, (2) special distributions that are automatically triggered upon the Underlying Benchmark exceeding a fixed rate of change since the Fund's prior regular or special distribution date or inception date in the case of the first distribution (each a “prior distribution date”), and (3) corrective distributions that are automatically triggered when the trading price of a Paired Class Share deviates by a specified amount from its Class Value per Share for a specified period of time. Immediately after each Regular, special and corrective distribution, the Fund's Underlying Benchmark participation or exposure will be reset and the Fund's Class Value per Share for each of its classes will be set to equal the lowest Class Value per Share of the two classes of Paired Class Shares. To the extent any class of Paired Class Shares of a Fund has a positive net income from income or gain on class assets, after deduction of class liabilities, on a Regular or special distribution date as measured from the prior distribution date, such class of Paired Class Shares will receive a distribution in cash equal to such positive net income regardless of whether such class is entitled to a Regular or special distribution on such date.

    Share Index Factors are used for the determination of Class Value and Class Value Per Share of a Fund. On a daily basis the custodian of a Fund (“Custodian”) 13 will determine the Class Value of each class of a Fund, which is based on the value of the Fund's Eligible Assets (“Eligible Assets”) 14 attributable to such class, (a) plus any accrued income or gains or losses on such assets attributable to such class (“Investment Income”), (b) less all fees, expenses and taxes attributable to such class not otherwise assumed by the Sponsor,15 where such income and gains after deduction of such fees, expenses and taxes is referred to as the class “Net Investment Income.” 16 The Class Value per Share of each Fund's Up Shares will have a fixed one-to-one positive linear relationship with such Fund's Underlying Benchmark (the “Up Share Index Factor”) and the Class Value per Share of each Fund's Down Shares will have a fixed one-to-one inverse linear relationship with such Fund's Underlying Benchmark (the “Down Share Index Factor” and together with the Up Share Index Factor, the “Share Index Factors”). The Down Share Index Factor will equal negative one times the Up Share Index Factor. At the inception of operations of each Fund, the Sponsor will establish such Fund's Share Index Factors. After any regular or special distribution by a Fund, the Fund will reset its Share Index Factors—the VIX Fund would have additional resets to the Share Index Factors as described below. The payment of cash distributions causes Class Values per Share to be equal following each such distribution, where the Class Values per Share will be equal to the lowest Class Value per Share of either class calculated in determining the distribution.

    13 Each Fund will have a Custodian pursuant to appointment by the AccuShares Trust and the terms of a domestic custodian agreement. The Custodian will hold each Fund's securities and cash, and will perform each Fund's Class Value and Class Value per Share calculations.

    14 Regarding Eligible Assets, the Funds are designed so that the cash proceeds from the creation of Paired Class Shares may be held by a Fund only in Eligible Assets designed to preserve capital while earning an investment return that is consistent with the preservation of capital. See 80 FR 9778 at 9780 (AccuShares Order).

    15 The Sponsor has exclusive management and control of all aspects of the business of each of the Funds.

    16 Such accrued income, gains, losses, fees, expenses and taxes will be allocated to each Share class on a daily basis, where such allocation is equal to the amount of such accrued income, gains, losses, fees, expenses and taxes multiplied by a fraction the numerator of which is the closing Class Value per Share of the referenced class and the denominator of which is the sum of the closing Class Values per Share of both classes of the Fund.

    This filing is being made to reflect the change in the Regular Distribution interval for the Distribution Funds from quarterly to monthly, to reflect the index changes and name changes of two funds, and to reflect that the Share Index Factors for the VIX Fund would be reset on a weekly basis on each Tuesday and the regular distribution dates would be monthly on each third Tuesday to coincide with a Share Index Factor reset. Upon operational effectiveness of this proposal, each such Distribution Fund would, like the VIX Fund currently, engage in monthly Regular Distributions, the two excess return Funds (Excess Crude Oil Fund and Excess Natural Gas Fund) would reflect excess return, and Share Index Factors for the VIX Fund will be reset on a weekly basis on Tuesday with related changes to the regular monthly distribution date to the third Tuesday of each month such that distribution dates coincide with a Share Index Factor reset all as described in more detail below. The Exchange believes that these changes will be beneficial to market participants that choose to trade the Funds.

    Monthly Distribution

    Rule 5713 does not specify the interval for Regular Distributions. Rather, Rule 5713 states only that a Fund may engage in “scheduled regular distributions”.17 The only mention of an interval for Regular Distributions is in footnote 40 in the AccuShares Proposal, which states that other than monthly Regular Distributions for VIX Fund and the Natural Gas Fund, AccuShares “will engage in quarterly regular distributions.” 18 In this proposal the Exchange proposes to indicate that the Distribution Funds will have Regular Distributions on a monthly basis. Thus, the Exchange proposes that each of the Distribution Funds will, like the VIX Fund and the Natural Gas Fund, engage in Regular Distributions each calendar month. The Exchange believes that this proposed change will serve to add an additional measure of consistency to investors and traders that may want to trade one or more of the Distribution Funds by themselves or in addition to the currently-traded VIX Fund, which has monthly Regular Distributions.19

    17See Rule 5713(d).

    18See 79 FR 35610 at 35619 (AccuShares Proposal).

    19 The AccuShares S&P GSCI Spot Fund and the AccuShares S&P GSCI Agriculture and Livestock Spot Fund would continue to have Regular Distributions on a quarterly basis. In addition, the Exchange proposes to change the name of the Crude Oil Fund and the Natural Gas Fund so that the new names, namely AccuShares S&P GSCI Crude Oil Excess Return Fund and AccuShares S&P GSCI Natural Gas Spot Excess Return Fund, more accurately reflect how these funds will function. The Exchange also proposes to indicate that the Share Index Factors for the VIX Fund would be reset on a weekly basis on each Tuesday, and the regular distributions for the VIX Fund would be made monthly on the third Tuesday rather than monthly on the 15th so that each monthly distribution date (and each end of a monthly measuring period) coincides with a Share Index Factor reset. These changes are described below.

    The Exchange believes that consistency across all Funds (except AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and Livestock Spot Fund) vis-a-vis monthly Regular Distributions will be helpful to investors and traders. While some may have become aware of AccuShares and Paired Class Shares when the Exchange filed the AccuShares Proposal, many more have become aware of AccuShares and its product offerings with the listing and trading of the first of the Paired Class Shares products, namely the VIX Fund.20 The VIX Fund (as also the Natural Gas Fund, which is not yet listed and traded) is currently structured with monthly Regular Distributions. The Exchange believes that consistency across all Funds (except AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and Livestock Spot Fund) in terms of monthly Regular Distributions would avoid potential investor confusion, and, as discussed below, could be advantageous to market participants. For example, the proposed monthly distributions could allow investors to redeploy gains from Up Shares or Down Shares to alternative, non-Fund investments in a tax efficient manner more frequently than investors could do with quarterly distributions. In addition, monthly distributions would better align the changes in the Class Values per Share of both the Up Shares and the Down Shares with a more current valuation of the underlying index. Moreover, with the commencement of trading of the VIX Fund on the Exchange, the Sponsor has received feedback from both current and potential investors about preferred distribution frequency. In particular, the majority of these market participants have indicated to the Sponsor that monthly Regular Distributions would be preferable to a longer period and would improve both trading and hedging. Monthly distributions can be more frequently redeployed in a tax efficient manner into the opposing share class or other positions. Additionally, for traders or market makers hedging or arbitraging the fund's shares, monthly distributions and concurrent monthly Share Index Factor settings will more closely align the funds with the most liquid monthly futures contracts and other exchange traded products which also employ a monthly index roll similar to the S&P GSCI commodity indexes.

    20 The VIX Fund began trading on May 19, 2015.

    Finally, in each instance of a distribution the Sponsor will continue to post a notice of such event and its details on the Sponsor's Web site (www.AccuShares.com). The Sponsor has also represented to the Exchange that each Fund engaging in a Regular Distribution (or, for that matter, a special distribution, corrective distribution, or net income distribution) will provide at least three business days' advance notice (or longer advance notice as may be required by the Exchange) 21 of such an event.

    21 The Exchange may determine that longer notice is advisable in some circumstances (e.g., an extended market break).

    Excess Crude Oil Fund and Excess Natural Gas Fund

    The Exchange proposes to change the underlying indexes from their spot variant to their excess return variant and to rename the AccuShares S&P GSCI Crude Oil Spot Fund to AccuShares S&P GSCI Crude Oil Excess Return Fund and the AccuShares S&P GSCI Natural Gas Spot Fund to AccuShares S&P GSCI Natural Gas Excess Return Fund. Market participants, in particular Authorized Participants 22 of the AccuShares Trust and market participants who are expected to act as liquidity providers for excess return Funds (“liquidity providers”), have recommended the index change and the related name revision. The Authorized Participants and liquidity providers have indicated that market making in the spot variant of the indexes (the current indexes variant) would require wider bid/offer spreads in comparison to using the excess return variant of the indexes.23 That is, the current spot variant would require anticipatory hedging, rolls, and the management of forward contango and backwardation 24 risk (together “spot requirements”), while in contrast these spot requirements are not important with excess return because they are naturally embedded in the excess return variant. The excess return variant is an index variant that is not novel, but rather is one that has been in use and is thus familiar to market makers and other market participants.25 Moreover, the excess return variant is expected to benefit market participants through both narrower bid/offer spreads and an increased ability and proclivity for providing liquidity in all market conditions.26 As such, market participants that choose to trade Pair Class Shares and benefit from the efficiency and transparency inherent in the product will also be able to benefit from the more easily traded and hedged excess return variant.

    22 Per note 13 of the AccuShares Order, an Authorized Participant may place orders to create or redeem one or more Creation Units, and must be (1) a registered broker-dealer or other securities market participant such as a bank or other financial institution which is not required to register as a broker-dealer to engage in securities transactions, (2) a direct participant in The Depository Trust Company, and (3) a party to an Authorized Participant Agreement with the Sponsor setting forth the procedures for the creation and redemption of Creation Units in a Fund.

    23 Market participants have indicated that their expected average holding and reassessment periods would be in the area of two to eight weeks, and that funds that offer excess return would be less costly because they would offer narrower bid/offer spreads and less risk. This would have several positive effects. First, investors are expected to buy or sell Fund shares concurrent with each reassessment. Second, such buying or selling is expected to be cheaper. Third, the narrower bid/offer spreads are expected to increase liquidity in the Fund shares, thus reducing the risk of buying or selling across a range of market conditions.

    24 Contango is normally when a futures price is above the expected future spot price. Because the futures price must converge on the expected future spot price, contango implies that futures prices are falling over time as new information brings them into line with the expected future spot price. Backwardation is normally when a futures price is below the expected future spot price and increases with time. For additional information, see http://www.investopedia.com/articles/07/contango_backwardation.asp.

    25 Products that use the excess return variant include DBO, OIL, UCO, UGAZ, and DGAZ. The crude oil products (DBO, OIL, and UCO) have current assets ranging from $400 to 800 million, and daily trading volumes ranging from 1 million to 11 million shares. The natural gas products (UGAZ and DGAZ) have current assets ranging from $80 million to $300 million, and daily trading volumes ranging from 4 million to 11 million shares. Other funds seek to track an excess return variant by transacting directly in the related futures contracts and some of those funds are larger than those listed.

    26 Because the excess return variant can be found in standard indexes used in exchange traded products, market makers are already accustomed to trading and hedging fund shares based on this variant. In addition to promoting narrower spreads and added liquidity, the excess return variant is directly hedgeable with conventional futures contracts, which contain the cost or benefit of the roll forward. Because the excess return variant precisely tracks the prices of the futures that a market maker is expected to use to both arbitrage and hedge the Fund shares, many more market makers are expected to engage in trading and arbitrage activities. With the excess return variant, the rolling effect of the index will be identical to the rolling performance of a futures hedge; and because the excess return variant precisely tracks an actual futures holding, a hedge can essentially remain static throughout a month and may require rebalancing only on those five days on which the excess return variant rolls its hypothetical positions. In contrast, the spot variant would require a more complex daily rebalancing of the futures hedge. Hedging and arbitraging the spot variant requires holding a next following futures contract (rather than the current futures contract) and manually rebalancing the next following futures contract amount on a daily basis to account for contango or backwardation between the futures hedge and the spot variant index.

    Both the spot variant and the excess return variant are computed from the same underlying futures contracts at the same point in time. The difference between the two variants occurs only on 5 trading days: The 5th through the 9th trading days of each month (the “five day period”). During the five day period, each S&P GSCI commodity index underlying a Fund, whether monthly return or excess return, moves its reference from the front-month expiry contract to the next following contract (that is, the futures contract for the next consecutive expiry month) in five equal installments of twenty percent per day in order to capture the cost or the benefit from rolling the nearby front-month expiry contract into the next following expiry contract. In the excess return variant, the cost or benefit of transacting out of the current or front-month expiry contract and into the next or following futures contract is added to (or subtracted from) the index value. In contrast, in the spot variant this cost or benefit is not added to (or subtracted from) the index value,27 and as such, gives rise to needed anticipatory hedging which, based on feedback from Authorized Participants and market makers, is expected to result in increased bid/offer spreads.

    27 The Sponsor expects more market makers to participate in the excess return variant because of the reduced market making complexity. The potential benefits of additional market maker participation include: (i) The ability of market participants to transact higher share quantities at tighter bid/offer spreads, and (ii) more robust and predictable trading prices in fast moving or volatile markets.

    VIX Fund Share Index Factor and Distribution Date

    The Exchange is proposing a periodic resetting of the Share Index Factors for the VIX Fund where the Share Index Factors reset weekly on each Tuesday and where the regular distributions for the VIX Fund would be made monthly on the third Tuesday of the month so that each monthly distribution date (and each end of a monthly measuring period) coincides with a Share Index Factor reset.

    Currently, after any Regular Distribution or special distribution by a Fund, a Fund will reset its Share Index Factors. Cash distributions cause Class Values per Share to be equal following each such distribution. The lowest Class Value per Share of either class calculated is used for the Share Index Factor.28 The Exchange is proposing that the resetting of the Share Index Factors for the VIX Fund not wait for a distribution but rather that [sic] be done on a more frequent, weekly basis on each Tuesday. In a related change, the regular distributions for the VIX Fund would be made monthly on the third Tuesday rather than monthly on the 15th so that each monthly distribution date and end of each monthly measuring period coincides with a Share Index Factor reset. The Exchange believes that more frequent resets of the Share Index Factors for the VIX Fund will be beneficial to market participants that trade the fund because it will improve the arbitrage function of the fund's shares by aligning the setting of the Share Index Factors with the expiry of each weekly VIX futures contract, and because the Share Index Factor will reset with a frequency closer to the daily measurements of spot VIX. The weekly VIX futures began trading in July 2015—approximately two months after the launch of the VIX Fund. The weekly VIX futures are the preferred hedging futures contract for spot VIX with both higher correlations to spot VIX than the monthly contracts, and more timely responsiveness to changes in spot VIX. Changing the Share Index Factors to a weekly determination is expected to have two benefits, both of which are expected to narrow bid/offer spreads and increase trading volumes. First, the fund shares are expected to be more easily hedged with shorter duration VIX futures. Aligning the Share Index Factor resets to the shorter VIX futures would make the fund shares' responsiveness to VIX better aligned with the preferred hedging instrument. The arbitrage and hedging of fund shares would be simplified because the settlement of the shorter VIX futures will be coincidental with each Share Index Factor reset. That is, the preferred hedge is expected to be rolled on its expiry cycle by an arbitrageur or hedger, and the expiry cycle will coincide with each Share Index Factor reset. Second, the improved hedgeability is expected to bring the trading prices in closer alignment with fund share class values which are algorithmic and tied directly to changes in spot VIX.

    28 Immediately after each distribution, the fund's exposure will be reset, and the fund's Class Value per Share for each of its classes will be set to equal the lowest Class Value per Share of the two classes of Paired Class Shares. See 80 FR 9778 at 9779 (AccuShares Order).

    As a result of this proposed change, Share Index Factor resetting will be taking place more frequently to the benefit of market participants.29

    29 Share Index Factors would, as now, continue to reset after any Regular Distribution and special distribution.

    The Exchange believes that all three of the proposed changes will be beneficial to traders and investors, and that they meet the requirements of the Act.

    The Exchange notes that this proposal makes three changes, as discussed, to the original AccuShares Order and AccuShares Proposal, see 80 FR 9778 and 79 FR 35610, and that the representations made in the original AccuShares Order and AccuShares Proposal remain unchanged.

    2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder, including the requirements of Section 6(b) of the Act.30 In particular, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 31 requirements that the rules of an exchange be designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts and practices, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and to perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest. The Exchange proposes to indicate that Regular Distributions of the Distribution Funds will be done on a monthly rather than on a quarterly basis, to rename two Funds to reflect excess return rather than spot, and to indicate that Share Index Factors for the VIX Fund would be reset on a weekly basis on Tuesday and the regular distributions will occur monthly on the third Tuesday of each month rather than on the 15th, as discussed. Thus, each such monthly distribution Fund (and in fact all of the Funds with the exception of AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and Livestock Spot Fund) would engage in monthly Regular Distributions, and the excess return Funds would be indexed to their excess return variant and re-named AccuShares S&P GSCI Crude Oil Excess Return Fund and AccuShares S&P GSCI Natural Gas Excess Return Fund. The Exchange believes that these proposed changes will be beneficial to market participants that choose to trade the Funds.

    30 15 U.S.C. 78f(b).

    31 15 U.S.C. 78f(b)(5).

    The Exchange believes that consistency across all Funds (except AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and Livestock Spot Fund) vis-à-vis monthly Regular Distributions will be helpful to investors and traders. While some may have become aware of AccuShares and Paired Class Shares when the Exchange filed the AccuShares proposal, many more have become aware of AccuShares and its product offerings with the listing and trading of the first of the Paired Class Shares products, namely the VIX Fund that began trading on May 19, 2015. The Exchange believes that consistency across Funds as discussed in terms of monthly Regular Distributions would avoid potential investor confusion, and, as discussed above, could be advantageous to market participants. In addition, the Sponsor has heard from current and potential investors about distribution. In particular, the majority of these market participants indicated to the Sponsor that monthly Regular Distributions would be preferable to a longer period because this would tend to have a positive impact on trading activity because better alignment with both futures hedges and better alignment with other exchange traded products would reduce intraday spreads by being more easily hedged and arbitraged, and more widely traded. This would help trading price stability and tracking in terms of premiums and discounts by both overall increasing trading volumes and making intraday and inter-day trading volumes more consistent, all of which is expected to contribute to narrower bid/offer spreads and more predictable fund performance.

    The Exchange believes that, as discussed, re-indexing and renaming the excess return Funds will be helpful to market participants. The excess return change is recommended by market participants. The Authorized Participants and liquidity providers have indicated that market making in the excess return Funds, as currently reflecting the spot variant of the index, would require wider bid/offer spreads in comparison to using the excess return variant of the index.32 That is, the current spot variant would require anticipatory hedging, rolls, and the management of the spot requirements (e.g., contango and backwardation risk), while in contrast these spot requirements are not important with excess return because they are naturally embedded in the excess return variant.

    32 Market participants have indicated that their expected average holding and reassessment periods would be in the area of two to eight weeks, and that excess return Funds, with narrower bid/offer spreads—which are advantageous to market participants—would be preferred.

    The Exchange notes that in each instance of a distribution the Sponsor will post a notice of such event and its details on the Sponsor's Web site (www.AccuShares.com). The Sponsor has also represented to the Exchange that each Fund engaging in a Regular Distribution (or, for that matter, a special distribution, corrective distribution, or net income distribution) will provide at least three business days' advance notice (or longer advance notice as may be required by the Exchange) 33 of such an event.

    33 The Exchange may determine that longer notice is advisable in some circumstances (e.g., an extended market break).

    The Exchange believes that, as discussed, more frequent resetting of the Share Index Factors will likewise be beneficial to market participants. The Exchange is proposing that the resetting of the Share Index Factors for the VIX Fund not have to wait for a Regular or special distribution but rather be done on a more frequent, weekly basis on each Tuesday. More frequent resets of the Share Index Factors for the VIX Fund will be beneficial to market participants that trade the fund because it will improve the arbitrage function of the fund's shares by aligning the setting of the Share Index Factors with the expiry of each weekly VIX futures contract, and because the Share Index Factor will reset with a frequency closer to the daily measurements of spot VIX. The weekly VIX futures are the preferred hedging futures with both higher correlations to spot VIX than the monthly contracts, and more timely responsiveness to changes in spot VIX. Changing the Share Index Factors to a weekly determination is expected to have several advantages for market participants: Narrower bid/offer spreads and increased trading volumes; fund shares more easily hedged with shorter VIX futures; and improved hedgeability that should bring the trading prices in closer alignment with fund share class values which are algorithmic and tied directly to changes in spot VIX.

    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 does not believe that the proposed rule change will have any impact on competition. The proposed rule change will achieve better consistency for the Funds of the Trust as discussed regarding the timing of Regular Distributions. The proposed rule change will have certain indexes changed from the spot variant to the excess return variant of such indexes, and will rename two of the Funds to reflect that these excess return Funds will use the excess return variant of the index underlying the Funds rather the current index variant that is based on spot. The proposed rule change will increase the frequency of Share Index Factor resets for the VIX Fund to occur weekly on each Tuesday, and will make a corresponding change to monthly distribution dates to the third Tuesday of each month such that a monthly distribution coincides with a weekly Share Index Factor reset. The Exchange believes that while these changes may not directly impact competition, they will be helpful for market participants.

    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 up to 90 days (i) as the Commission may designate 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-2016-034 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-2016-034. 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 the 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-2016-034 and should be submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.34

    34 17 CFR 200.30-3(a)(12).

    Lynn M. Powalski, Deputy Secretary.
    [FR Doc. 2016-05977 Filed 3-16-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission (“Commission”) will hold an Open Meeting on Monday, March 21, 2016, at 11:00 a.m., in the Auditorium (L-002) at the Commission's headquarters building, to hear oral argument in an appeal from an initial decision of an administrative law judge by respondents Edgar Page (“Page”) and PageOne Financial, Inc. (“PageOne”).

    On March 10, 2015, after the Commission instituted proceedings, Page and PageOne submitted an offer of settlement, accepted by the Commission, pursuant to which they consented to entry of an order: finding that they violated the Investment Advisers Act of 1940 by failing to disclose a conflict of interest; imposing a censure and a cease-and-desist order; and ordering additional proceedings to determine what, if any, disgorgement, prejudgment interest, civil penalties, and other remedial action is in the public interest. In an initial decision issued June 25, 2015, the law judge barred Page from the securities industry, revoked PageOne's investment adviser registration, ordered Page and PageOne to disgorge $2,184,850.30, with prejudgment interest, jointly and severally, and declined to impose a civil penalty.

    Page and PageOne appealed the sanctions imposed in the initial decision. The Commission's Division of Enforcement cross-appealed the initial decision's imposition of a time-limited industry bar, as opposed to a permanent industry bar with a right to reapply. The oral argument is likely to address what penalties, if any, are appropriate in the public interest. Also likely to be considered at oral argument is whether these administrative proceedings violate the U.S. Constitution.

    For further information, please contact the Office of the Secretary at (202) 551-5400.

    Dated: March 14, 2016. Lynn M. Powalski, Deputy Secretary.
    [FR Doc. 2016-06130 Filed 3-15-16; 11:15 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77350; File No. SR-BX-2016-014] Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 7018 March 11, 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 February 29, 2016, NASDAQ BX, Inc. (“BX” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. 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

    The Exchange proposes to amend the fee schedule under Exchange Rule 7018(a) with respect to execution and routing of orders in securities priced at $1 or more per share.

    This filing is being made for immediate effectiveness and will become operative March 1, 2016.

    The text of the proposed rule change is also available on the Exchange's Web site at http://nasdaqomxbx.cchwallstreet.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 aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange is proposing to amend the fee schedule under BX Rule 7018(a), relating to fees and credits provided for orders in securities priced and $1 or more per share that execute on BX.

    Under BX Rule 7018(a), the Exchange provides credits to member firms that access liquidity on BX. The Exchange is proposing to eliminate two credit tiers, as well as to amend the criteria of two other credit tiers, each for orders that access liquidity (excluding orders with midpoint pegging and excluding orders that receive price improvement and execute against an order with midpoint pegging).

    Specifically, the first eliminated credit tier is for a member that adds and accesses liquidity equal to or exceeding 0.50% of total consolidated volume (“TCV”) during a month to receive a credit of $0.0017 per share executed. The second eliminated credit tier is for a member that accesses liquidity equal to or exceeding 0.05% of TCV during a month to receive a credit of $0.0008 per share executed.

    Members that previously would have qualified under the eliminated tiers may continue to qualify for and receive either an equal or higher credit. Specifically, members that previously qualified for the credit of $0.0017 per share executed for adding and accessing liquidity equal to or exceeding 0.50% of TCV during a month may still receive the same credit, but for meeting the lower TCV threshold and through solely accessing liquidity (no longer includes adding liquidity) equal to or exceeding 0.20% of TCV during a month. Otherwise, members may receive a lower credit. For [sic] members that previously qualified for the credit of $0.0008 per share executed for accessing liquidity equal to or exceeding 0.05% of TCV during a month will receive a higher credit of $0.0015 per share executed for meeting the same monthly threshold.

    The first amended credit tier reduces the threshold to qualify for a credit of $0.0016 per share executed. The current threshold requires a member to access liquidity equal to or exceeding 0.15% of TCV during a month. The proposed rule change lowers this threshold for a member to access liquidity equal to or exceeding 0.10% of TCV during a month.

    The second amended credit tier reduces the threshold to qualify for a credit of $0.0015 per share executed. The current threshold requires a member to access liquidity equal to or exceeding 0.09% of TCV during a month. The proposed rule change lowers this threshold for a member to access liquidity equal to or exceeding 0.05% of TCV during a month.

    Additionally, the Exchange is proposing to eliminate the fee of $0.0014 per share executed for displayed orders entered by a member that adds and accesses liquidity equal to or exceeding 0.50% of TCV during a month.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,3 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,4 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using its facilities which the Exchange operates or controls, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    3 15 U.S.C. 78f(b).

    4 15 U.S.C. 78f(b)(4) and (5).

    The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In Regulation NMS, while adopting a series of steps to improve the current market model, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 5 Likewise, in NetCoalition v. Securities and Exchange Commission6 (“NetCoalition”) the DC Circuit upheld the Commission's use of a market-based approach in evaluating the fairness of market data fees against a challenge claiming that Congress mandated a cost-based approach.7 As the court emphasized, the Commission “intended in Regulation NMS that `market forces, rather than regulatory requirements' play a role in determining the market data . . . to be made available to investors and at what cost.” 8

    5 Securities Exchange Act Release No. 34-51808 (June 9, 2005).

    6NetCoalition v. SEC 615 F.3d 525 (D.C. Cir. 2010).

    7Id. at 534-535.

    8Id. at 537.

    Further, “[n]o one disputes that competition for order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution'; [and] `no exchange can afford to take its market share percentages for granted' because `no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers' . . . .” 9

    9Id. at 539 (quoting ArcaBook Order, 73 FR at 74782-74783).

    The Exchange believes that the proposed rule change to eliminate two credit tiers, as well as to amend the criteria of two other credit tiers, each for orders that access liquidity (excluding orders with midpoint pegging and excluding orders that receive price improvement and execute against an order with midpoint pegging), are reasonable because they refine the opportunities for market participants to receive credits for participation on BX and are designed to incentivize changes in market participant behavior to the benefit of the market overall [sic].

    Specifically, the proposed rule change eliminates the credit tier for a member that adds and accesses liquidity equal to or exceeding 0.50% of TCV during a month to receive a credit of $0.0017 per share executed. Additionally, the proposed rule change eliminates the credit tier for a member that accesses liquidity equal to or exceeding 0.05% of TCV during a month to receive a credit of $0.0008 per share executed.

    The proposed rule change to the criteria for a member that accesses liquidity to receive a credit of $0.0016 per share executed, lowers the TCV threshold during a month from equal to or exceeding 0.15% to equal to or exceeding 0.10%. Similarly, the proposed rule change to the criteria for a member that accesses liquidity to receive a credit of $0.0015 per share executed, lowers the TCV threshold during a month from equal to or exceeding 0.09% to equal to or exceeding 0.05%. The Exchange believes that the proposed rule change to lower the threshold in each of these instances is reasonable since it makes it easier for a member to qualify for the respective credit and will provide the opportunity for more firms to attain the tier and further incentivize participation in the market.

    The Exchange also believes that the proposed elimination of the two credit tiers, coupled with the amending of two other credit tiers as stated above, are [sic] reasonable because the overall effect is to improve market quality by providing better targeted incentives to market participants to access beneficial displayed liquidity. To achieve this, the Exchange must, from time to time, adjust the levels of credits and the related qualification requirements in reaction to market behavior. In the present case, the Exchange is proposing to eliminate two credit tiers and amend two other credit tiers. The Exchange believes that the proposed changes are reasonable because it is [sic] reflective of the Exchange's desire to make BX an attractive venue to any member organization that is willing to access displayed liquidity. BX wants to further incentivize member firms to participate in the Exchange by removing liquidity and believes these refinements are a means to that end.

    The Exchange believes that the proposed elimination of the two credit tiers, coupled with the amending of the two other credit tiers as stated above, are consistent with an equitable allocation of fees and are not unfairly discriminatory because they apply to all members that access displayed liquidity through BX and meet the criteria of the credit tier [sic]. In addition, the Exchange believes the elimination of the two credit tiers is consistent with an equitable allocation of fees and are [sic] is not unfairly discriminatory because members that previously would have qualified under the eliminated tiers may continue to qualify for and receive either an equal or higher credit (although they may instead qualify for a lower credit as stated previously). Additionally, the Exchange will provide the same credits to all similarly situated members that achieve the level of TCV required by the amended tiers.

    BX believes that elimination of the fee of $0.0014 per share executed for displayed orders entered by a member that adds and accesses liquidity equal to or exceeding 0.50% of TCV during a month is reasonable because eliminating the fee may still allow a member the opportunity to qualify for this same fee if the displayed order is entered by a Qualified Market Maker (“QMM”) (as described in BX Rule 7018(a)). Also, even if the member is not a QMM, the member remains eligible to receive other fees lower than the base fee rate of $0.0020 per share executed.

    The Exchange also believes that this proposed rule change is an equitable allocation of fees and is not unfairly discriminatory because the removal of this fee will help the Exchange offset the payment of credits to other members and maintain an overall balance between the payment of credits and collection of fees, all in an effort to encourage liquidity on the market and to the benefit of market participants. BX also believes this proposed rule change is an equitable allocation of fees and is not unfairly discriminatory because the Exchange will apply the elimination of this fee equally to all similarly situated members. Additionally, the elimination of this fee combined with the elimination and amending of the credit tiers are [sic] evidence that the current fee and credit combinations did not have the intended effect of increasing activity so the Exchange is pursuing other avenues of credit and fee combinations.

    Finally, BX notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive or credit opportunities available at other venues to be more favorable. In such an environment, BX must continually adjust its fees and credits to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. The changes reflect this environment because they are designed to incentivize changes in market participant behavior to the benefit of the market overall.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will result in a burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act, as amended.10 In terms of inter-market competition, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or credit opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees and credits to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees and credits in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited. In this instance, the proposed eliminated and amended credit tiers, as well as the eliminated fee, are subject to extensive competition both from other exchanges and from off-exchange venues.

    10 15 U.S.C. 78f(b)(8).

    In sum, if the changes proposed herein are unattractive to market participants, it is likely that the Exchange will lose market share as a result. Accordingly, the Exchange does not believe that the proposed changes will impair the ability of members or competing order execution venues to maintain their competitive standing in the financial markets.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and paragraph (f) of Rule 19b-4 12 thereunder. 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    11 15 U.S.C. 78f(b)(3)(A).

    12 17 CFR 140.19n-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 Number SR-BX-2016-014 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-BX-2016-014. 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 the 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-BX-2016-014, and should be submitted on or before April 7, 2016.

    1317 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    Lynn M. Powalski, Deputy Secretary.
    [FR Doc. 2016-05974 Filed 3-16-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-77355; File No. SR-NASDAQ-2016-031] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Fees Under Rule 7018(a) March 11, 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 February 29, 2016, The NASDAQ Stock Market LLC (“Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. 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

    The Exchange proposes to amend Rule 7018(a), concerning the fees and credits provided for the use of the order execution and routing services of the Nasdaq Market Center by members for all securities priced at $1 or more that it trades. While these amendments are effective upon filing, the Exchange has designated the proposed amendments to be operative on March 1, 2016.

    The text of the proposed rule change is available on the Exchange's Web site at http://nasdaq.cchwallstreet.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 aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The purpose of the proposed rule change is to amend Rule 7018(a), concerning the fees and credits provided for the use of the order execution and routing services of the Nasdaq Market Center by members for all securities priced at $1 or more that it trades. The Exchange is proposing to: (i) Increase a credit provided to a member for displayed quotes/orders that provide liquidity; (ii) modify the criteria required to receive a credit; and (iii) eliminate the fees and credits provided for execution of Orders in Select Symbols, as described further below.

    First Change

    The Exchange is proposing to increase a credit that it provides to members for displayed liquidity under Rule 7018(a). Currently, the Exchange provides a credit of $0.0030 per share executed to a member for displayed quotes/orders (other than Supplemental Orders or Designated Retail Orders) that provide liquidity if the member has (i) shares of liquidity provided in all securities during the month representing at least 0.15% of Consolidated Volume during the month, through one or more of its Nasdaq Market Center MPIDs, and (ii) Adds [sic] NOM Market Maker liquidity in Penny Pilot Options and/or Non- Penny Pilot Options of 0.90% or more of total industry ADV in the customer clearing range for Equity and ETF option contracts per day in a month on the Nasdaq Options Market. The Exchange provides the credit with the same criteria to securities of all three Tapes 3 under Rule 7018(a)(1)-(3).

    3 Tape C securities are those that are listed on the Exchange, Tape A securities are those that are listed on NYSE, and Tape B securities are those that are listed on exchanges other than Nasdaq or NYSE.

    The Exchange is proposing to increase the credit provided from $0.0030 per share executed to $0.00305 per share executed applicable to securities of all three Tapes. The Exchange believes that increasing the credit will provide members with a greater incentive to increase their provision of liquidity on both the Exchange and the Nasdaq Options Market.

    Second Change

    The Exchange is proposing to modify the criteria required to receive a credit for providing non-displayed orders (other than Supplemental Orders) that provide liquidity. Currently, the Exchange provides a credit of $0.0005 per share executed for other non-displayed orders if the member provides an average daily volume of 1 million or more shares per day through midpoint orders or other non-displayed orders during the month in Tape C securities.

    Similarly, the Exchange provides a credit of $0.0010 per share executed for other 4 non-displayed orders if the member provides an average daily volume of 1 million or more shares per day through midpoint orders or other non-displayed orders during the month in Tape A and B securities.

    4 The Exchange also provides credits for non-displayed mid-point orders that provide liquidity under the rule.

    The Exchange is proposing to modify the qualification criteria for each of the credit tiers under Rule 7018(a)(1)-(3) to now require that a member provide 0.03% or more of Consolidated Volume 5 during the month through midpoint orders or other non-displayed orders in lieu of the current requirement that the member have an average daily volume of 1 million or more shares per day through midpoint orders or o