Federal Register Vol. 81, No.60,

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range17361-17600
FR Document

81_FR_60
Current View
Page and SubjectPDF
81 FR 17597 - Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2016PDF
81 FR 17457 - Sunshine Act NoticePDF
81 FR 17456 - Sunshine Act NoticePDF
81 FR 17511 - Proposed Collection; Comment RequestPDF
81 FR 17456 - Sunshine Act MeetingsPDF
81 FR 17529 - Sunshine Act MeetingPDF
81 FR 17392 - Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical DataPDF
81 FR 17422 - Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various CommoditiesPDF
81 FR 17471 - Missouri; Amendment No. 2 to Notice of a Major Disaster DeclarationPDF
81 FR 17476 - Oklahoma; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
81 FR 17477 - Changes in Flood Hazard DeterminationsPDF
81 FR 17471 - Changes in Flood Hazard DeterminationsPDF
81 FR 17439 - Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation ProjectPDF
81 FR 17448 - Army Education Advisory Subcommittee Meeting NoticePDF
81 FR 17455 - Pesticide Experimental Use Permit; Receipt of Application; Comment RequestPDF
81 FR 17435 - Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014PDF
81 FR 17455 - Applications for New Awards; Hispanic Serving Institutions Science, Technology, Engineering & Mathematics (HSI STEM) and Articulation Program; CorrectionPDF
81 FR 17479 - Announcement of Tenant Protection Voucher Funding Awards for Fiscal Year 2015 for the Housing Choice Voucher ProgramPDF
81 FR 17535 - Request for Comments on World Health Organization Pandemic Influenza Preparedness Framework ReviewPDF
81 FR 17488 - 60-Day Notice of Proposed Information Collection: Alternative Inspections-Housing Choice Voucher ProgramPDF
81 FR 17487 - 60-Day Notice of Proposed Information Collection: Public Housing Reform Act: Changes to Admission and Occupancy RequirementsPDF
81 FR 17490 - 30-Day Notice of Proposed Information Collection: Public Housing Operating Fund Program: Operating Budget and Related FormPDF
81 FR 17461 - Proposed Information Collection Activity; Comment Request; State Developmental Disabilities Council 5-Year State PlanPDF
81 FR 17490 - 30-Day Notice of Proposed Information Collection: Evaluation of the Jobs Plus Pilot ProgramPDF
81 FR 17489 - 60 Day Notice of Proposed Information Collection for Public Comment on the: ConnectHome Use and Barriers Focus GroupsPDF
81 FR 17451 - Meeting of the Chief of Engineers Environmental Advisory BoardPDF
81 FR 17450 - Intent To Prepare a Draft Environmental Impact Statement for the Houston Ship Channel 45-Foot Expansion Channel Improvement Project (HSC ECIP), Harris and Chambers Counties, TexasPDF
81 FR 17463 - Privacy Act of 1974; System of Records NoticePDF
81 FR 17457 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 17457 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 17457 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
81 FR 17379 - Redesignation and Expansion of Restricted Area R-4403; Gainesville, MSPDF
81 FR 17385 - Law Enforcement ReportingPDF
81 FR 17561 - Renewal of the U.S. Maritime Transportation System National Advisory Committee and Solicitation of Nominations for MembershipPDF
81 FR 17500 - Generic Aging Lessons Learned for Subsequent License Renewal Report and Standard Review Plan for Review of Subsequent License Renewal Applications for Nuclear Power PlantsPDF
81 FR 17536 - Notice of Funding Opportunity for the Advanced Transportation and Congestion Management Technologies Deployment ProgramPDF
81 FR 17495 - Agency Information Collection Activities; Proposed eCollection eComments Requested; New Collection; Comments Requested: National Census of Victim Service Providers (VSP Census)PDF
81 FR 17361 - Single Family Housing Guaranteed Loan ProgramPDF
81 FR 17495 - Notice of Filing of Plats of Survey; MontanaPDF
81 FR 17494 - Steens Mountain Advisory Council Public MeetingPDF
81 FR 17543 - Notice of Funding Opportunity for Surface Transportation System Funding Alternatives ProgramPDF
81 FR 17492 - Notice of Public Meeting; Central Montana Resource Advisory CouncilPDF
81 FR 17548 - Hours of Service of Drivers: Oregon Trucking Associations (OTA) Exemption; FAST Act Extension of Compliance DatePDF
81 FR 17470 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0042PDF
81 FR 17469 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0009PDF
81 FR 17433 - Notice of Intent to Request Revision and Extension of a Currently Approved Information CollectionPDF
81 FR 17452 - Agency Information Collection Activities; Comment Request; Health Education Assistance Loan (HEAL) Program Regs.PDF
81 FR 17491 - Announcement of Advisory Committee on Climate Change and Natural Resource Science MeetingPDF
81 FR 17434 - Notice of Intent To Request Revision and Extension of a Currently Approved Information CollectionPDF
81 FR 17496 - Proposed Collection; Comment RequestPDF
81 FR 17458 - Government-Wide Earth Day Hackathon, April 22, 2016PDF
81 FR 17449 - Submission for OMB Review; Comment RequestPDF
81 FR 17449 - Proposed Collection; Comment RequestPDF
81 FR 17553 - FY16 Competitive Funding Opportunity: Grants for Buses and Bus Facilities and Low or No Emission Grant Programs; 5339(b) Grants for Buses and Bus Facilities Program and 5339(c) Low or No Emission ProgramPDF
81 FR 17415 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 17417 - Airworthiness Directives; Fokker Services B.V. AirplanesPDF
81 FR 17403 - Fisheries of the Exclusive Economic Zone Off of Alaska; Observer Coverage Requirements for Small Catcher/Processors in the Gulf of Alaska and Bering Sea and Aleutian Islands Groundfish FisheriesPDF
81 FR 17426 - Modernizing the Regulatory System for Biotechnology Products; Notice of Third Public MeetingPDF
81 FR 17427 - Shoshone Resource Advisory Committee; MeetingPDF
81 FR 17452 - Agency Information Collection Activities; Comment Request; 2017-2018 Free Application for Federal Student Aid (FAFSA)PDF
81 FR 17461 - Pediatric Studies of Lorazepam; Establishment of Public DocketPDF
81 FR 17386 - Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WAPDF
81 FR 17387 - Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WAPDF
81 FR 17496 - Notice of Lodging Proposed Consent DecreePDF
81 FR 17549 - Rides to Wellness Demonstration and Innovative Coordinated Access and Mobility GrantsPDF
81 FR 17498 - Proposed Extension of Information Collection; Emergency Mine EvacuationPDF
81 FR 17447 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0012, Futures Volume, Open Interest, Price, Deliveries and Purchases/Sales of Futures for Commodities or for Derivatives PositionsPDF
81 FR 17493 - Public Land Order No. 7851; Partial Revocation, Power Site Reserve Nos. 24, 145, and 566; OregonPDF
81 FR 17432 - Advisory Committee MeetingPDF
81 FR 17425 - Submission for OMB Review; Comment RequestPDF
81 FR 17427 - Submission for OMB Review; Comment RequestPDF
81 FR 17398 - Endangered and Threatened Wildlife and Plants; Final Rule To List the Tanzanian DPS of African Coelacanth (Latimeria chalumnaePDF
81 FR 17428 - Opportunity for Designation in Fargo, ND; Urbana, IL; Sandusky, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Areas; Request for Comments on the Official Agencies Servicing These AreasPDF
81 FR 17527 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Rule 964.2NY Regarding the Participation Entitlement Formula for Specialists and e-SpecialistsPDF
81 FR 17532 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 13 to Expand the Availability of Self-Trade Prevention Modifiers to Non-Algorithmically Entered Floor Broker InterestPDF
81 FR 17431 - Opportunity for Designation in Cedar Rapids, IA; Fremont, NE; State of Maryland; and West Lafayette, IN Areas; Request for Comments on the Official Agencies Servicing These AreasPDF
81 FR 17520 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 13-Equities To Expand the Availability of Self-Trade Prevention Modifiers to Non-Algorithmically Entered Floor Broker InterestPDF
81 FR 17513 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving Proposed Rule Change to Adopt FINRA Rule 2273 (Educational Communication Related to Recruitment Practices and Account Transfers)PDF
81 FR 17511 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XI (Doing Business With the Public), Section 8 (Supervision of Accounts) of the Exchange's RulebookPDF
81 FR 17525 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XI (Doing Business With the Public), Section 8 (Supervision of Accounts) of the Exchange's RulebookPDF
81 FR 17529 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Additions to Permitted CoverPDF
81 FR 17533 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period for the Exchange's Retail Liquidity ProgramPDF
81 FR 17523 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Pilot Period for the Exchange's Retail Liquidity Program, Which Is Currently Scheduled To Expire on March 31, 2016, Until August 31, 2016PDF
81 FR 17522 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period for the Exchange's Retail Liquidity ProgramPDF
81 FR 17513 - Investor Advisory Committee MeetingPDF
81 FR 17432 - Designation for the Pocatello, ID; Evansville, IN; Salt Lake City, UT; and Columbia, SC AreasPDF
81 FR 17476 - Technical Mapping Advisory CouncilPDF
81 FR 17434 - Submission for OMB Review; Comment RequestPDF
81 FR 17468 - National Institute of General Medical Sciences; Notice of MeetingPDF
81 FR 17467 - National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed MeetingsPDF
81 FR 17467 - National Institute of Biomedical Imaging and Bioengineering; Notice of MeetingPDF
81 FR 17467 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
81 FR 17468 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 17438 - Notice of Availability of the Deepwater HorizonPDF
81 FR 17471 - New Jersey; Major Disaster and Related DeterminationsPDF
81 FR 17395 - Suspension of Community EligibilityPDF
81 FR 17446 - Commerce Spectrum Management Advisory Committee; Call for ApplicationsPDF
81 FR 17387 - Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SCPDF
81 FR 17535 - Oregon Disaster Number OR-00080PDF
81 FR 17390 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management DistrictPDF
81 FR 17501 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
81 FR 17420 - Proposed Amendment of Class E Airspace for the Following Kansas Towns; Belleville, KS; Johnson, KS; Marysville, KS; Pittsburg, KS; and Washington, KSPDF
81 FR 17412 - Airworthiness Directives; Honeywell International Inc. Turboprop EnginesPDF
81 FR 17374 - Amendment of Class E Airspace; Butte, MTPDF
81 FR 17377 - Amendment of Class E Airspace; Deer Lodge MTPDF
81 FR 17376 - Amendment of Class E Airspace for the Following Tennessee Towns: Jackson, TN; Tri-Cities, TNPDF
81 FR 17375 - Amendment of Class D and Class E Airspace for the Following Minnesota Towns: Rochester, MN; and St. Cloud, MNPDF
81 FR 17384 - Highly Enriched Uranium (HEU) Agreement Assets Control RegulationsPDF
81 FR 17460 - Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB)PDF
81 FR 17563 - Child Nutrition Program IntegrityPDF
81 FR 17423 - National Vaccine Injury Compensation Program: Statement of Reasons for Not Conducting Rulemaking ProceedingsPDF
81 FR 17367 - Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) AirplanesPDF
81 FR 17365 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 17372 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 17369 - Airworthiness Directives; The Boeing Company AirplanesPDF
81 FR 17499 - Agency Information Collection Activities: Comment RequestPDF

Issue

81 60 Tuesday, March 29, 2016 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Food and Nutrition Service

See

Forest Service

See

Grain Inspection, Packers and Stockyards Administration

See

National Agricultural Statistics Service

Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17425-17426 2016-07003 Meetings: Modernizing the Regulatory System for Biotechnology Products, 17426 2016-07015 Army Army Department RULES Law Enforcement Reporting, 17385-17386 2016-07054 NOTICES Meetings: Army Education Advisory Subcommittee, 17448-17449 2016-07076 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Clearance, 17460-17461 2016-06828 Coast Guard Coast Guard RULES Drawbridge Operations: Lake Washington Ship Canal, Seattle, WA, 2016-07010 17386-17387 2016-07011 Safety Zones: Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC, 17387-17389 2016-06972 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-07040 17469-17470 2016-07039 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17434-17435 2016-06985
Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Futures Volume, Open Interest, Price, Deliveries, and Purchases/Sales of Futures for Commodities or for Derivatives Positions, 17447-17448 2016-07006 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17461 2016-07065 Defense Department Defense Department See

Army Department

See

Engineers Corps

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17449-17450 2016-07029 2016-07031
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Free Application for Federal Student Aid, 17452-17455 2016-07013 Health Education Assistance Loan Program Regs, 17452 2016-07036 Applications for New Awards: Hispanic Serving Institutions Science, Technology, Engineering and Mathematics and Articulation Program; Correction, 17455 2016-07071 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Houston Ship Channel 45-Foot Expansion Channel Improvement Project, Harris and Chambers Counties, TX, 17450-17451 2016-07061 Meetings: Chief of Engineers Environmental Advisory Board, 17451-17452 2016-07062 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District, 17390-17392 2016-06962 Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data, 17392-17395 2016-07086 PROPOSED RULES Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities, 17422 2016-07084 NOTICES Pesticide Experimental Use Permit Applications, 17455-17456 2016-07074 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 17365-17367, 17372-17374 2016-06524 2016-06528 Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 17367-17369 2016-06622 The Boeing Company Airplanes, 17369-17372 2016-06401 Amendment of Class D and Class E Airspace: Rochester, MN and St. Cloud, MN, 17375-17376 2016-06932 Amendment of Class E Airspace: Butte, MT, 17374-17375 2016-06935 Deer Lodge, MT, 17377-17378 2016-06934 Jackson, TN; Tri-Cities, TN, 17376-17377 2016-06933 Redesignation and Expansion of Restricted Area: Gainesville, MS, 17379-17384 2016-07055 PROPOSED RULES Airworthiness Directives: Fokker Services B.V. Airplanes, 17417-17420 2016-07022 Honeywell International Inc. Turboprop Engines, 17412-17415 2016-06936 The Boeing Company Airplanes, 17415-17417 2016-07023 Amendment of Class E Airspace: Belleville, KS; Johnson, KS; Marysville, KS; Pittsburg, KS; and Washington, KS, 17420-17421 2016-06938 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 17456 2016-07120 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 17395-17397 2016-06977 NOTICES Changes in Flood Hazard Determinations, 17471-17476 2016-07080 Flood Hazard Determinations, 17477-17479 2016-07081 Major Disaster Declarations and Related Determinations: New Jersey, 17471 2016-06978 Major Disaster Declarations: Missouri; Amendment No. 2, 17471 2016-07083 Oklahoma; Amendment No. 1, 17476 2016-07082 Meetings: Technical Mapping Advisory Council, 17476-17477 2016-06986 Federal Highway Federal Highway Administration NOTICES Funding Opportunities: Advanced Transportation and Congestion Management Technologies Deployment Program, 17536-17543 2016-07051 Surface Transportation System Funding Alternatives Program, 17543-17548 2016-07045 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 2016-07171 17456-17457 2016-07172 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers: Oregon Trucking Associations Exemption; FAST Act Extension of Compliance Date, 17548-17549 2016-07041 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 17457 2016-07057 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17457-17458 2016-07058 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 17457 2016-07056 Federal Transit Federal Transit Administration NOTICES Funding Opportunities: Grants for Buses and Bus Facilities and Low or No Emission Grant Programs, 17553-17561 2016-07027 Rides to Wellness Demonstration and Innovative Coordinated Access and Mobility Grants, 17549-17553 2016-07008 Food and Drug Food and Drug Administration NOTICES Pediatric Studies of Lorazepam; Establishment of Public Docket, 17461-17463 2016-07012 Food and Nutrition Food and Nutrition Service PROPOSED RULES Child Nutrition Program Integrity, 17564-17595 2016-06801 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17427 2016-07002 Foreign Assets Foreign Assets Control Office RULES Highly Enriched Uranium Agreement Assets Control Regulations, 17384-17385 2016-06874 Forest Forest Service NOTICES Meetings: Shoshone Resource Advisory Committee, 17427-17428 2016-07014 General Services General Services Administration NOTICES Government-wide Earth Day Hackathon, April 22, 2016, 17458-17460 2016-07032 Geological Geological Survey NOTICES Meetings: Advisory Committee on Climate Change and Natural Resource Science, 17491-17492 2016-07035 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designations: Cedar Rapids, IA; Fremont, NE; Maryland; and West Lafayette, IN Areas, 17431-17432 2016-06997 Fargo, ND; Urbana, IL; Sandusky, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Areas, 17428-17431 2016-07000 Pocatello, ID; Evansville, IN; Salt Lake City, UT; and Columbia, SC Areas, 17432-17433 2016-06987 Meetings: Advisory Committee, 17432 2016-07004 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Community Living Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

NOTICES Privacy Act; Systems of Records, 17463-17467 2016-07060
Health Resources Health Resources and Services Administration PROPOSED RULES Petitions for Rulemaking; Denials: National Vaccine Injury Compensation Program, 17423-17424 2016-06666 Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17487-17488 2016-07067 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alternative Inspections; Housing Choice Voucher Program, 17488-17489 2016-07068 ConnectHome Use and Barriers Focus Groups, 17489 2016-07063 Evaluation of the Jobs Plus Pilot Program, 17490-17491 2016-07064 Public Housing Operating Fund Program; Operating Budget and Related Form, 17490 2016-07066 Tenant Protection Voucher Funding Awards for Fiscal Year 2015 for the Housing Choice Voucher Program, 17479-17487 2016-07070 Interior Interior Department See

Geological Survey

See

Land Management Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 17435-17438 2016-07072 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Census of Victim Service Providers, 17495-17496 2016-07050 Proposed Consent Decrees, 17496 2016-07009 Labor Department Labor Department See

Labor Statistics Bureau

See

Mine Safety and Health Administration

Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17496-17498 2016-07033 Land Land Management Bureau NOTICES Meetings: Central Montana Resource Advisory Council, 17492-17493 2016-07043 Steens Mountain Advisory Council, 17494-17495 2016-07047 Plats of Survey: Montana, 17495 2016-07048 Public Land Orders: No. 7851; Partial Revocation, Power Site Reserve Nos. 24, 145, and 566; Oregon, 17493-17494 2016-07005 Maritime Maritime Administration NOTICES Requests for Nominations and Charter Renewals: U.S. Maritime Transportation System National Advisory Committee, 17561-17562 2016-07053 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Mine Evacuation, 17498-17499 2016-07007 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2016-07034 17433-17434 2016-07037 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 17468 2016-06980 National Heart, Lung, and Blood Institute, 17467 2016-06981 National Institute of Biomedical Imaging and Bioengineering, 17467-17468 2016-06982 National Institute of Diabetes and Digestive and Kidney Diseases, 17467 2016-06983 National Institute of General Medical Sciences, 17468-17469 2016-06984 National Oceanic National Oceanic and Atmospheric Administration RULES Endangered and Threatened Wildlife and Plants: Tanzanian DPS of African Coelacanth (Latimeria chalumnae); Listing as Threatened, 17398-17403 2016-07001 Fisheries of the Exclusive Economic Zone Off of Alaska: Observer Coverage Requirements for Small Catcher/Processors in the Gulf of Alaska and Bering Sea and Aleutian Islands Groundfish Fisheries, 17403-17411 2016-07019 NOTICES Environmental Impact Statements; Availability, etc.: Deepwater Horizon Oil Spill Record of Decision; Final Programmatic Damage Assessment and Restoration Plan, 17438-17439 2016-06979 Takes of Marine Mammals Incidental to Specified Activities: Coupeville Timber Towers Preservation Project, 17439-17446 2016-07078 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17499-17500 2016-05665 National Telecommunications National Telecommunications and Information Administration NOTICES Requests for Nominations: Commerce Spectrum Management Advisory Committee, 17446-17447 2016-06975 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 17501-17511 2016-06939 Guidance: Generic Aging Lessons Learned for Subsequent License Renewal Report and Standard Review Plan for Review of Subsequent License Renewal Applications for Nuclear Power Plants, 17500-17501 2016-07052 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Greek Independence Day: A National Day of Celebration of Greek and American Democracy (Proc. 9409), 17597-17600 2016-07222 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17511 2016-07130 Securities Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee, 17513 2016-06988 Meetings; Sunshine Act, 17529 2016-07108 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 17513-17520 2016-06995 ICE Clear Europe Ltd., 17529-17532 2016-06992 NASDAQ BX, Inc., 17511-17513 2016-06994 NASDAQ Stock Market, LLC, 17525-17527 2016-06993 New York Stock Exchange, LLC, 2016-06991 17532-17535 2016-06998 NYSE Arca, Inc., 17523-17525 2016-06990 NYSE MKT, LLC, 17520-17523, 17527-17529 2016-06989 2016-06996 2016-06999 Small Business Small Business Administration NOTICES Disaster Declarations: Oregon; Amendment 2, 17535 2016-06967 State Department State Department NOTICES World Health Organization Pandemic Influenza Preparedness Framework Review, 17535-17536 2016-07069 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Motor Carrier Safety Administration

See

Federal Transit Administration

See

Maritime Administration

Treasury Treasury Department See

Foreign Assets Control Office

Separate Parts In This Issue Part II Agriculture Department, Food and Nutrition Service, 17564-17595 2016-06801 Part III Presidential Documents, 17597-17600 2016-07222 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 60 Tuesday, March 29, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 3555 RIN 0575-AD00 Single Family Housing Guaranteed Loan Program AGENCY:

Rural Housing Service, USDA.

ACTION:

Final rule.

SUMMARY:

The Rural Housing Service (RHS or Agency) is amending the current regulation for the Single Family Housing Guaranteed Loan Program (SFHGLP) on the subjects of lender indemnification, refinancing, and qualified mortgage requirements. The Agency is expanding its lender indemnification authority for loss claims in the case of fraud, misrepresentation, or noncompliance with applicable loan origination requirements. This action is taken to continue the Agency's efforts to improve and expand the risk management of the SFHGLP. The Agency is amending its refinancing provisions to simply require that the new interest rate not exceed the interest rate on the original loan and to add a new refinance option, “streamlined-assist.” Finally, the agency is amending its regulation to indicate that a loan guaranteed by RHS is a Qualified Mortgage if it meets certain requirements set forth by the Consumer Protection Finance Bureau (CFPB).

DATES:

Effective April 28, 2016.

FOR FURTHER INFORMATION CONTACT:

Lilian Lipton, Finance and Loan Analyst, Single Family Housing Guaranteed Loan Division, STOP 0784, Room 2250, USDA Rural Development, South Agriculture Building, 1400 Independence Avenue SW., Washington, DC 20250-0784, telephone: (202) 260-8012, email is [email protected]

SUPPLEMENTARY INFORMATION: Classification

This final rule has been determined to be non-significant by the Office of Management and Budget (OMB) under Executive Order 12866.

Executive Order 12988, Civil Justice Reform

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Except where specified, all State and local laws and regulations that are in direct conflict with this rule will be preempted. Federal funds carry Federal requirements. No person is required to apply for funding under this program, but if they do apply and are selected for funding, they must comply with the requirements applicable to the Federal program funds. This rule is not retroactive. It will not affect agreements entered into prior to the effective date of the rule. Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR part 11 must be exhausted.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effect of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the Agency generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million, or more, in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the Agency to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. This final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA.

Environmental Impact Statement

This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” It is the determination of the Agency that this action does not constitute a major Federal action significantly affecting the quality of the human environment, and, in accordance with the National Environmental Policy Act of 1969, Pub. L. 91-190, neither an Environmental Assessment nor an Environmental Impact Statement is required.

Executive Order 13132, Federalism

The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the undersigned has determined and certified by signature of this document that this rule change will not have a significant impact on a substantial number of small entities. This rule does not impose any significant new requirements on Agency applicants and borrowers, and the regulatory changes affect only Agency determination of program benefits for guarantees of loans made to individuals.

Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

This executive order imposes requirements on RD in the development of regulatory policies that have Tribal implications or preempt tribal laws. RD has determined that the final rule does not have a substantial direct effect on one or more Indian Tribe(s) or on either the relationship or the distribution of powers and responsibilities between the Federal Government and Indian Tribes. Thus, this rule is not subject to the requirements of Executive Order 13175. If a Tribe determines that this rule has implications of which RD is not aware and would like to engage with RD on this rule, please contact RD's Native American Coordinator at (720) 544-2911 or [email protected]

Executive Order 12372, Intergovernmental Consultation

This program/activity is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. (See the Notice related to 7 CFR part 3015, subpart V, at 48 FR 29112, June 24, 1983; 49 FR 22675, May 31, 1984; 50 FR 14088, April 10, 1985).

Programs Affected

This program is listed in the Catalog of Federal Domestic Assistance under Number 10.410, Very Low to Moderate Income Housing Loans (Section 502 Rural Housing Loans).

Paperwork Reduction Act

The information collection and record keeping requirements contained in this regulation have been approved by OMB in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The assigned OMB control number is 0575-0179.

E-Government Act Compliance

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

Non-Discrimination Policy

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 you wish to file either an EEO or program complaint please 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).

Background Information

On March 5, 2015, RHS published a proposed rule with request for comments for the Single Family Housing Guaranteed Loan Program (SFHGLP) (80 FR 11950-11954). Rural Development received comments from seventeen respondents. Comments were from lenders, secondary market sources, builders, and other interest groups. Specific public comments and substantive changes from the proposed rule are addressed below in general order of appearance in the regulation, not based in the order of importance.

One respondent requested the Agency to clarify when the rule would become effective and what the trigger events will be for the effective date of the various requirements for loan applications received by lenders on or after the effective date of the final rule. The final rule will become effective 60 days after its publication in the Federal Register.

Refinancing (§ 3555.101(d))

Five respondents fully supported the Agency's proposal to amend its refinancing provisions and add the Streamlined-Assist Refinance option.

One respondent supported the Streamlined-Assist Refinance program but requested that the Agency: (1) Add repayment requirements for remaining borrowers; (2) limit costs to principal and current interest charges due, reasonable and customary re-conveyance fee, and the upfront guarantee fee; and (3) limit refinance balance to original purchase loan amount. The Agency believes the Streamlined-Assist Refinance's purpose is to increase affordability for current borrowers and implementing the suggested changes will defeat the purpose of this option. No change is made in this provision.

One respondent supported the addition of the Streamlined-Assist Refinance option but requested clarification with regards to the inclusion of the guarantee fee and eligible closing costs. Eligible loan purposes, including fees and closing costs, will remain the same as described on § 3555.101(d) for all refinancing transactions. Closing costs may be included in the refinance loan amount. No change is made in this provision.

One respondent requested the eligibility of non-section 502 loans to be refinanced through the program, such as balloon or ARM mortgage products, if they meet USDA eligibility requirements. The Agency does not have statutory authority as this request does not conform with the Housing Act of 1949 limits on refinancing in this program. No change is made in this provision.

Indemnification (§ 3555.108(d))

Two respondents believe a five-year indemnification period is too long and requested the Agency to maintain the current lender indemnification period of 24 months. The Agency will continue to pursue a five-year indemnification period, similar to those of other federal agencies and as recommended by the Office of Inspector General (OIG) Report 04703-003-HY. The rule has been amended to clarify that the loan originator will be required to indemnify the Agency and not a subsequent holder or acquirer of the loan. No other change is made in this provision.

Two respondents requested the Agency to amend its definition of default accounts from 30 days delinquent to 60 days. The Agency will maintain the 30-day definition, consistent with other federal agencies. No change is made in this provision.

One respondent encouraged the Agency to add a standard of materiality for the underwriting defect and to specify that there must be a connection between the defect and the cause of default by adding that “The Agency may seek indemnification if fraud or misrepresentation occurs in connection with the origination and the lender knew, or should have known about the occurrence.” It also recommended the Agency to clarify that an indemnification does not affect the guaranty status of the loan. RHS will include the standard of materiality and a provision that the loan note guarantee of the holder will not be affected by indemnification by the originating lender.

Qualified Mortgage (§ 3555.109)

Six respondents requested RHS to update program guidance to incorporate different points and fee limitations than those proposed. The Agency will remain consistent with the Consumer Financial Protection Bureau (CFPB) and other federal agencies in its points and fees limitations. No change is made in this provision.

Two respondents requested the Agency to not adopt CFPB's 43-percent debt-to-income limit. The Agency had not included any debt-to-income limitation in the proposed rule. The CFPB debt ratio limitations do not apply to loans guaranteed by the Agency. Until January 20, 2021 or the date on which an agency rule defining qualified mortgages becomes effective (whichever is earlier), loans guaranteed by RHS are presumed to be qualified mortgages under 12 CFR 1026.43(e)(4).

Four respondents noted that Housing Finance Agencies (HFA) loans are exempt from the Qualified Mortgage requirements and are automatically classified as Qualified Mortgages eligible for insurance through the SFHGLP. The Agency is amending its rule and will include language exempting HFAs from the Qualified Mortgage requirements.

Principal Reduction (§ 3555.304(d))

One respondent wrote that the Mortgage Recovery Advance (MRA) already provides for principal reductions, and that by separating principal reduction from the MRA would complicate the process because loan servicers would now have to take two steps instead of only one. The respondent pointed out that if the PRA is eventually forgiven, it would become a tax liability to borrowers because the Internal Revenue Service (IRS) considers forgiven debt to be taxable income. Struggling low or moderate income borrowers may not be able to handle the additional tax bill. The respondent also indicated that since the PRA results in an unsecured loan which would not be forgiven if the borrower re-defaulted on their mortgage, mortgage loan servicers would be in a position of collecting on an unsecured loan. Mortgage loan servicers do not want to collect unsecured loans, and the respondent suggested that the agency should collect the unsecured loans.

One respondent indicated that the use of separate notes, one for an MRA and one for a PRA, would complicate special loan servicing workouts and may confuse or overwhelm eligible borrowers. The respondent indicated that the Agency should consider keeping both the MRA and PRA amounts as secured loans to avoid the likelihood of borrower confusion. The respondent also questioned how the PRA would be impacted should the borrower attempt to pay off the loan before the three year period prior to eligibility for debt forgiveness. Should the PRA be forgiven, the respondent suggested that the Agency should report the forgiveness amount to the IRS, and not the servicer. The respondent wrote that should the PRA not be forgiven, attempts to collect the unsecured loan would be detrimental to borrowers recovering from financial difficulties. Attempts to collect unsecured PRAs, suggested the respondent, could ultimately be more costly to the Agency than simply forgiving the amounts advanced. Finally, the respondent questioned whether the MRA and PRA claims should be filed separately or whether both amounts may be submitted in the same claim. Separate filings would be especially complicated according to the respondent.

Two respondents requested the Agency to eliminate the January 1, 2001 to January 1, 2010 timeframe restriction on PRAs.

One respondent supported the Principal Reduction Advance (PRA) proposal but requested that lenders have at least six months to implement the policy in order to allow for internal system integrations related to this process.

After careful review and consideration, the Agency agrees with all the comments submitted, and has decided to not implement the PRA transaction as it had been proposed. The original MRA procedure will remain unaltered and the PRA will not become a separate transaction.

Indemnification: In the Office of Inspector General (OIG) Report 04703-003-HY, SFH GL Loss Claims, the Agency was requested to re-evaluate the timeframe in which the Government can seek indemnification for noncompliance with regulations in loan origination. Present language in 7 CFR 3555.108(d)(1) limits the indemnification to losses if the payment under the guarantee was made within 24 months of loan closing. Origination defects which depart from Agency requirements, however, may cause defaults beyond 24 months from loan closing. Similarly, claims arising from defective originations may occur several years after loan closing. The change will trigger indemnification if the default occurs within five years from origination and the Agency concludes the default arose because the originator did not underwrite the loan according to Agency standards and guidelines, regardless of when the claim is paid. This is similar to how HUD and other federal agencies operate.

The Agency may also seek indemnification if the Agency determines that fraud or misrepresentation occurred in connection with the origination of the loan, regardless of when the loan closed. 7 CFR 3555.108(d)(2). This provision is being clarified to state that the Agency may seek indemnification in cases of fraud or misrepresentation regardless of when the loan closed or when the default occurred.

In addition, the definition of “default” has been added to section 3555.10 to clarify that default is when an account is more than 30 days overdue. This is consistent with how the term is used in the mortgage industry.

Refinance: There are currently two refinance options available to Section 502 borrowers, and the Agency is adding a third option which has been successfully tested in a pilot. The Agency is amending section 3555.101(d)(3)(i) to remove the requirement that the interest rate of a refinanced loan be at least 100 basis points below the original rate, and instead to require that the new interest rate not exceed the original interest loan's interest rate. The interest rate reduction requirement has proven problematic in rising rate environments. For example, in the case of divorce, the borrower may not be able to refinance as required by their divorce decree or judgment because they cannot secure an interest rate at least 1 percent lower than the first one.

The definition of “streamlined-assist refinance” is being added to 7 CFR 3555.10. On February 1, 2012 RHS created a refinancing pilot known as the “Rural Refinance Pilot.” The streamlined-assist refinance differs from the traditional refinance options in that there is no appraisal or credit report requirement in most instances, as long as the borrower has been current on their first mortgage for the previous 12 months and their new interest rate is at least 1 percent lower than their first one. A new appraisal is required for direct loan borrowers who received a subsidy for the purposes of calculating subsidy recapture.

The pilot was designed to assist existing Section 502 direct or guaranteed loan borrowers in refinancing their homes with greater ease in thirty-five eligible states where steep home price declines, unemployment and persistent poverty rates made refinancing a current mortgage into more affordable terms difficult or impossible. Due to the success of the pilot program, RHS will adopt the pilot policy as a refinance option for existing Section 502 direct or guaranteed loan borrowers nationwide in addition to the two traditional refinance loan options of streamlined and non-streamlined. The special refinance loan option will be called “streamlined-assist.”

This rule amends 7 CFR 3555.101(d)(3)(vi) to include “streamlined-assist” as one of three available refinance loan options in addition to the traditional “streamlined” and “non-streamlined” refinance loans. Section 3555.101(d)(3)(vi) discusses eligibility requirements for each streamlined and non-streamlined refinance loan. The streamlined-assist refinance will have the same features as the Rural Refinance Pilot described above. Additional eligibility criteria for refinance loans is discussed in Section 3555.101(d)(3).

Qualified Mortgage: The agency is changing Section 3555.109, to indicate that a loan guaranteed by RHS meeting certain CFPB requirements is a “Qualified Mortgage.”

The CFPB published a “Qualified Mortgage” rule (12 CFR part 1026) which became effective January 10, 2014 and implemented in part the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (P.L. 111-203). This rule requires creditors to make a reasonable, good faith determination of a consumer's repayment ability for any consumer credit transaction secured by a dwelling, and establishes a safe harbor from liability for transactions that meet the requirements for “qualified mortgages.” Currently, SFHGLP loans are considered to be qualified mortgages if they meet the requirements in 12 CFR 1026.43(e)(2)(i)-(iii) and the points and fees limits in 12 CFR 1026.43(e)(3) until RHS promulgates its own rules regarding qualified mortgages, or January 10, 2021, whichever is earlier. (See 12 CFR 1026.43(e)(4)).

RHS guaranteed loans currently meet these requirements. Therefore, section 3555.109 is clarifying that RHS guaranteed loans which meet the CFPB requirements in 12 CFR 1026.43(e)(2)(i)-(iii) and 12 CFR 1026.43(e)(3) are considered qualified mortgages.

List of Subjects in 7 CFR Part 3555

Home improvement, Loan programs—Housing and community development, Mortgage insurance, Mortgages, Rural areas.

For the reason stated in the preamble, Chapter XVIII, Title 7 of the Code of Federal Regulations is amended as follows:

PART 3555—GUARANTEED RURAL HOUSING PROGRAM 1. The authority citation for part 3555 continues to read as follows: Authority:

5 U.S.C. 301, 7 U.S.C. 1989, 42 U.S.C. 1480, and Subpart E of 7 U.S.C. 1932(a).

Subpart C—Loan Requirements 2. Amend § 3555.10 by adding definitions for “Default”and “Streamlined-assist refinance” to read as follows:
§ 3555.10 Definitions and abbreviations.

Default. A loan is considered in default when a payment has not been paid after 30 days from the date it was due.

Streamlined-assist refinance. A streamlined-assist refinance is an abbreviated method of refinancing which does not require a credit report, or the calculation of loan-to-value or debt-to-income ratios. Lenders must verify that the borrower has been current on their existing loan for the preceding 12 month period.

3. Section 3555.101 is amended by revising paragraphs (d)(3)(i), (ii), and (iv) to read as follows:
§ 3555.101 Loan purposes.

(d) * * *

(3) * * *

(i) Three options for refinancing may be offered: streamlined, non-streamlined, and streamlined-assist. Other than provided in this paragraph, no cash out is permitted for any refinance. Documentation costs and underwriting requirements of subparts D, E, and F of this part apply to streamlined and non-streamlined refinances.

(A) Lenders may offer a streamlined refinance for existing Section 502 Guaranteed loans, which does not require a new appraisal. The lender will pay off the balance of the existing Section 502 Guaranteed loan.

(B) Lenders may offer non-streamlined refinancing for existing Section 502 Guaranteed or Direct loans, which requires a new and current market value appraisal. The amount of the new loan must be supported by sufficient equity in the property as determined by an appraisal. The appraised value may be exceeded by the amount of up-front guarantee fee financed, if any, when using the non-streamlined option.

(C) A streamlined-assist refinance loan is a special refinance option available to existing Section 502 direct and guaranteed loan borrowers. Applicants must meet the income eligibility requirements of § 3555.151(a), and must not have had any defaults during the 12 month period prior to the refinance loan application. There are no debt-to-income calculation requirements, no credit report requirements, no property inspection requirements, and no loan-to-value requirements. There is no appraisal requirement except for Section 502 direct loan borrowers who have received a subsidy.

(ii) The interest rate of the new loan must be fixed and must not exceed the interest rate of the original loan being refinanced.

(iv) The loan security must include the same property as the original loan and be owned and occupied by the borrowers as their principal residence.

4. Amend § 3555.108 by revising paragraph (d) to read as follows:
§ 3555.108 Full faith and credit.

(d) Indemnification. The loan note guarantee will remain in effect for any holder of the loan who acquired it from an originating lender. If the Agency determines that a lender did not originate a loan in accordance with the requirements in this part, and the Agency pays a claim under the loan guarantee, the Agency may revoke the originating lender's eligibility status in accordance with subpart B of this part and may also require the originating lender:

(1) To indemnify the Agency for the loss, if the default leading to the payment of loss claim occurred within five (5) years of loan closing, when one or more of the following conditions is satisfied:

(i) The originating lender utilized unsupported data or omitted material information when submitting the request for a conditional commitment to the Agency;

(ii) The originating lender failed to properly verify and analyze the applicant's income and employment history in accordance with Agency guidelines;

(iii) The originating lender failed to address property deficiencies identified in the appraisal or inspection report that affect the health and safety of the occupants or the structural integrity of the property;

(iv) The originating lender used an appraiser that was not properly licensed or certified, as appropriate, to make residential real estate appraisal in accordance with § 3555.103(a); or,

(2) To indemnify the Agency for the loss regardless of how long ago the loan closed or the default occurred, if the Agency determines that fraud or misrepresentation was involved with the origination of the loan.

(3) In addition, the Agency may use any other legal remedies it has against the originating lender.

5. Add § 3555.109 to read as follows:
§ 3555.109 Qualified Mortgage

A qualified mortgage is a guaranteed loan meeting the requirements of this part and applicable Agency guidance, as well as the requirements in 12 CFR 1026.43(e)(i) through (iii) and 12 CFR 1026.43(e)(3). An extension of credit made pursuant to a program administered by a State Housing Finance Agency is exempt from this requirement as defined in 12 CFR 1026.43(a)(3)(iv). Lenders will be allowed to cure unintentional errors and retain the qualified mortgage status if the conditions set in 12 CFR 1026.31(h) are met.

Dated: February 18, 2016. Tony Hernandez, Administrator, Rural Housing Service.
[FR Doc. 2016-07049 Filed 3-28-16; 8:45 am] BILLING CODE 3410-XV-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4816; Directorate Identifier 2014-NM-238-AD; Amendment 39-18444; AD 2016-06-13] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Airbus Model A319, A320, and A321 series airplanes. This AD was prompted by investigations that revealed that the cover seal of the brake dual distribution valve (BDDV) was damaged and did not ensure efficient sealing. This AD requires modifying the BDDVs having certain part numbers; modifying the drain hose of the BDDV; checking for the presence of water, ice, and hydraulic fluid; re-identifying the BDDV; and doing related investigative and corrective actions if necessary. We are issuing this AD to prevent damage to the BDDV, which could lead to water ingestion in the BDDV and freezing of the BDDV in flight, possibly resulting in loss of braking system function after landing.

DATES:

This AD is effective May 3, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 3, 2016.

ADDRESSES:

For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4816.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4816; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A319, A320, and A321 series airplanes. The NPRM published in the Federal Register on November 19, 2015 (80 FR 72401) (“the NPRM”).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0251R1, dated December 17, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A319, A320, and A321 series airplanes. The MCAI states:

In 1998, an operator experienced a dual loss of braking systems. Investigation results revealed that the cover seal of the Brake Dual Distribution Valve (BDDV) was damaged and did not ensure the sealing efficiency.

This condition, if not corrected, could lead to water ingestion in the BDDV and freezing of the BDDV in flight, possibly resulting in loss of braking system function after landing.

[The Directorate General for Civil Aviation] (DGAC) France issued AD 2000-258-146 [http://ad.easa.europa.eu/blob/20002580tb_superseded.pdf/AD_F-2000-258-146_1] [which corresponds to certain actions in FAA AD 2001-15-10, Amendment 39-12344 (66 FR 39413, July 31, 2001)] to require modification of the BDDV with a new cover and installation of a draining tube with a cap.

Since that French AD was issued, following a new event, Airbus developed a modification of the BDDV drain tube which will leave it open, ensuring continuous drainage of any ingested water, thereby preventing freezing of the brake system.

For the reasons described above, EASA issued [another AD] * * *, to require modification of the BDDV drain tube.

Since that [EASA] AD was issued, comments were received that indicated a need for correction and clarification. Consequently, this [EASA] AD is revised to add a Note to Table 1 and to amend paragraph (3).

The modification includes a check for the presence of water, ice, and hydraulic fluid, and related investigative and corrective actions if necessary. Related investigative actions include an inspection for corrosion. Corrective actions include replacing the BDDV. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4816.

Comments

We gave the public the opportunity to participate in developing this AD. We considered the comment received. United Airlines had no objection to the NPRM.

Conclusion

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

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

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

Related Service Information Under 1 CFR Part 51

We reviewed Airbus Service Bulletin A320-32-1415, dated September 2, 2014. The service information describes procedures for modifying the BDDVs having certain part numbers; modifying the drain hose of the BDDV; checking for the presence of water, ice, and hydraulic fluid; re-identifying the BDDV; and doing related investigative and corrective actions if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 953 airplanes of U.S. registry.

We also estimate that it would take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts cost about $421 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $887,243, or $931 per product.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-06-13 Airbus: Amendment 39-18444. Docket No. FAA-2015-4816; Directorate Identifier 2014-NM-238-AD. (a) Effective Date

This AD is effective May 3, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) through (c)(3) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 26925 has been embodied in production.

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

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

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

(d) Subject

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

(e) Reason

This AD was prompted by investigations that revealed that the cover seal of the BDDV was damaged and did not ensure efficient sealing. We are issuing this AD to prevent damage to the BDDV, which could lead to water ingestion in the BDDV and freezing of the BDDV in flight, possibly resulting in loss of braking system function after landing.

(f) Compliance

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

(g) Modification and Re-Identification

Within 24 months after the effective date of this AD, modify the BDDV having a part number listed in the column “Old Part Number” in table 1 to paragraph (g) of this AD; modify the drain hose of the affected BDDV; check for the presence of water, ice, and hydraulic fluid; and re-identify the BDDV to the corresponding part number, as applicable, as listed as “New Part Number” in table 1 to paragraph (g) of this AD; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-32-1415, dated September 2, 2014. Do all applicable related investigative and corrective actions before further flight.

Table 1 to Paragraph (g) of This AD—BDDV Part Number Re-Identification Old part number New part number A25434006-3 A25434006-3000 A25434005-101 A25434005-1010 A25434005-201 A25434005-2010 A25434005-301 A25434005-3010 A25434005-401 A25434005-4010 A25434006-101 A25434006-1010 Note 1 to table 1 to paragraph (g) of this AD:

The part number listed in table 1 to paragraph (g) of this AD can have an “A” or “B” suffix, which is an indication of the amendment level of the BDDV. This does not affect compliance with this AD.

(h) Parts Installation Limitations

As of the applicable time specified in paragraph (h)(1) or (h)(2) of this AD, no person may install a BDDV having a part number listed as “Old Part Number” in table 1 to paragraph (g) of this AD, on any airplane.

(1) For any airplane that, on the effective date of this AD, has a BDDV installed with a part number listed as “Old Part Number” in table 1 to paragraph (g) of this AD: After modification of the airplane, as required by paragraph (g) of this AD.

(2) For any airplane that, on the effective date of this AD, has a BDDV installed with a part number listed as “New Part Number” in table 1 to paragraph (g) of this AD, or has a BDDV installed with a part number not listed in table 1 to paragraph (g) of this AD: As of the effective date of this AD.

(i) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(3) 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.

(j) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0251R1, dated December 17, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-4816.

(k) Material Incorporated by Reference

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

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

(i) Airbus Service Bulletin A320-32-1415, dated September 2, 2014.

(ii) Reserved.

(3) 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.

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

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

Issued in Renton, Washington, on March 16, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-06528 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3636; Directorate Identifier 2015-NM-043-AD; Amendment 39-18442; AD 2016-06-11] RIN 2120-AA64 Airworthiness Directives; Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes. This AD was prompted by a report of cracks on the lugs of the inboard and outboard control rod fittings of the right hand (RH) and left hand (LH) side ailerons. This AD requires a one-time non-destructive test (NDT) inspection of the inboard and outboard control rod fittings of the RH and LH side ailerons for cracks and corrosion, and repair if necessary. We are issuing this AD to detect and correct cracks and corrosion on the lugs of the inboard and outboard control rod fittings of the RH and LH side ailerons, which could lead to reduced controllability of the airplane.

DATE:

This AD becomes effective May 3, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 3, 2016.

ADDRESSES:

For service information identified in this final rule, contact EADS-CASA, Military Transport Aircraft Division (MTAD), Integrated Customer Services (ICS), Technical Services, Avenida de Aragón 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84; fax: +34 91 585 55 05; email: [email protected]; Internet: http://www.eads.net. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3636.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3636; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes. The NPRM published in the Federal Register on September 28, 2015 (80 FR 58224). The NPRM was prompted by a report of cracks on the lugs of the inboard and outboard control rod fittings of the RH and LH side ailerons. The NPRM proposed to require a one-time NDT inspection of the inboard and outboard control rod fittings of the RH and LH side ailerons for cracks and corrosion, and repair if necessary. We are issuing this AD to detect and correct cracks and corrosion on the lugs of the inboard and outboard control rod fittings of the RH and LH side ailerons, which could lead to reduced controllability of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0040, dated March 6, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Defense and Space S.A. Model CN-235, CN-235-100, CN-235-200, and CN-235-300 airplanes. The MCAI states:

A CN-235 operator recently reported finding, during scheduled maintenance tasks, cracks on the lugs of the control rod fittings (inboard and outboard) of the ailerons [Right Hand (RH) and Left Hand (LH) side] of two aeroplanes. At the time of the finding, the two affected aeroplanes had accumulated between 16 000 and 17 000 flight hours (FH), around 6 000 flight cycles and had been in service for 20 years. Following the investigation results, it was determined that these cracks were due to stress corrosion.

This condition, if not detected and corrected, could lead to aileron fittings failure, possibly resulting in reduced control of the aeroplane.

To address this unsafe condition and verify the integrity of the fittings, EADS-CASA (Airbus Military) issued Alert Operators Transmission (AOT) CN235-57-0001 to provide instructions for a one-time Non-Destructive (NDT) inspection of the affected fittings for cracks and corrosion.

For the reasons described above, this [EASA] AD requires a one-time NDT inspection of the affected aileron fittings and, if discrepancies are detected, accomplishment of applicable corrective action(s) [repair of any cracked or corroded parts].

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3636.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 58224, September 28, 2015) or on the determination of the cost to the public.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 58224, September 28, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 58224, September 28, 2015).

Related Service Information Under 1 CFR Part 51

Airbus Defense and Space S.A. has issued Airbus Military Alert Operators Transmission (AOT) AOT-CN235-57-0001, Revision 1, dated March 14, 2014. The service information describes procedures for a one-time NDT inspection of the inboard and outboard control rod fittings of the RH and LH side ailerons for cracks and corrosion, and contacting Airbus Military for repair instructions. 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 24 airplanes of U.S. registry.

We also estimate that it will take about 30 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $61,200, or $2,550 per product.

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-06-11 Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.): Amendment 39-18442. Docket No. FAA-2015-3636; Directorate Identifier 2015-NM-043-AD. (a) Effective Date

This AD becomes effective May 3, 2016.

(b) Affected ADs

None.

(c) Applicability

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

(d) Subject

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

(e) Reason

This AD was prompted by a report of cracks on the lugs of the inboard and outboard control rod fittings of the right hand (RH) and left hand (LH) side ailerons. We are issuing this AD to detect and correct cracks and corrosion on the lugs of the inboard and outboard control rod fittings of the RH and LH side ailerons, which could lead to reduced controllability of the airplane.

(f) Compliance

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

(g) One-Time Non-Destructive Test (NDT) Inspection

(1) At the later of the compliance times specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD: Do a one-time NDT inspection of the inboard and outboard control rod fittings of the RH and LH side ailerons for cracks, and a one-time general visual inspection for corrosion, in accordance with Airbus Military Alert Operators Transmission (AOT) AOT-CN235-57-0001, Revision 1, dated March 14, 2014.

(i) Before exceeding 8,000 flight hours or 10 years since first flight of the airplane, whichever occurs first.

(ii) Within 3 months after the effective date of this AD.

(2) If any crack or corrosion is found during any inspection required by paragraph (g)(1) of this AD, before further flight, contact the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design Organization Approval (DOA) for approved repair instructions, and before further flight, accomplish the repair accordingly.

(h) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(i) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015-0040, dated March 6, 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-2015-3636.

(j) Material Incorporated by Reference

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

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

(i) Airbus Military Alert Operators Transmission (AOT) AOT-CN235-57-0001, Revision 1, dated March 14, 2014.

(ii) Reserved.

(3) For service information identified in this AD, contact EADS-CASA, Military Transport Aircraft Division (MTAD), Integrated Customer Services (ICS), Technical Services, Avenida de Aragón 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84; fax: +34 91 585 55 05; email: [email protected]; Internet: http://www.eads.net.

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

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

Issued in Renton, Washington, on March 16, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-06622 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2966; Directorate Identifier 2015-NM-051-AD; Amendment 39-18441; AD 2016-06-10] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 787-8 airplanes. This AD was prompted by a report of fuel leaking onto the hot exhaust portion of an engine as a result of an unintended leak path from the leading edge through the pylon. This AD requires installing new seal dams in the inboard and outboard corners of the aft pylon frame on the left and right engines, including an inspection for damage of the outboard blade seal and applicable corrective actions. We are issuing this AD to prevent fuel leaking from an unintended drain path from the leading edge through either the left or right pylon and onto the hot engine parts or brakes, which could lead to a major ground fire.

DATES:

This AD is effective May 3, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publication listed in this AD as of May 3, 2016.

ADDRESSES:

For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2966.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2966; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Sherry Vevea, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6514; fax: 425-917-6590; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 787-8 airplanes. The NPRM published in the Federal Register on July 30, 2015 (80 FR 45460) (“the NPRM”). The NPRM was prompted by a report of fuel leaking onto the hot exhaust portion of an engine as a result of an unintended leak path from the leading edge through the pylon. The NPRM proposed to require installing new seal dams in the inboard and outboard corners of the aft pylon frame on the left and right engines, including an inspection for damage of the outboard blade seal and applicable corrective actions. We are issuing this AD to prevent fuel leaking from an unintended drain path from the leading edge through either the left or right pylon and onto the hot engine parts or brakes, which could lead to a major ground fire.

Comments

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

Request To Add Revised Service Information

Boeing and All Nippon Airways (ANA) asked that we reference Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015, for accomplishing the actions in the NPRM. ANA stated that there are several errors in the referenced service information. Boeing stated that a revision would be issued to incorporate minor clarifications, and to update the effectivity.

We agree to reference Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015, in this AD. Since we published the NPRM, Boeing issued Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015. That revision removes three airplanes from the effectivity, and clarifies certain instructions as a result of feedback reported by operators after incorporation of Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 001, dated October 24, 2014. Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 001, dated October 24, 2014, was specified as the appropriate source of service information for accomplishing the actions in the NPRM.

We have changed paragraphs (c) and (g) of this AD to specify Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015. We have also added a new paragraph (h) of this AD to give credit for actions done before the effective date of this AD using Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 001, dated October 24, 2014; and redesignated subsequent paragraphs accordingly.

Request To Reduce the Compliance Time

The Air Line Pilots Association (ALPA) International asked that we reduce the compliance time specified in the proposed AD (the proposed compliance time is within 60 months after the effective date of this AD). ALPA stated that the severity of a fuel leak from the leading edge through the pylon and onto the hot exhaust part of the engines warrants a shorter compliance time to correct this problem.

We do not agree with the commenter's request to reduce the compliance time. In developing an appropriate compliance time, we considered the safety implications and normal maintenance schedules for timely installation of inboard and outboard seal dams. In consideration of all of these factors, we determined that the compliance time, as proposed, represents an appropriate interval in which the inboard and outboard seal dams can be installed in a timely manner within the fleet, while still maintaining an adequate level of safety. Most ADs, including this one, permit operators to accomplish the requirements of an AD at a time earlier than the specified compliance time; therefore, an operator may choose to install the inboard and outboard seal dams before the 60-month compliance time specified in paragraph (g) of this AD. If additional data are presented that would justify a shorter compliance time, we may consider further rulemaking on this issue. We have not changed this AD in this regard.

Conclusion

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

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

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

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

Related Service Information Under 1 CFR Part 51

We reviewed Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015. This service information describes procedures for installing new seal dams in the inboard and outboard corners of the aft pylon frame on the left and right engines, doing a general visual inspection to detect damage of the outboard blade seal, and doing corrective actions. 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 17 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Installation of seal dams Up to 22 work-hours × $85 per hour = $1,870 Up to $14,611 Up to $16,481 Up to $280,177.

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

Authority for This Rulemaking

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

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

Regulatory Findings

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

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-06-10 The Boeing Company: Amendment 39-18441; Docket No. FAA-2015-2966; Directorate Identifier 2015-NM-051-AD. (a) Effective Date

This AD is effective May 3, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to The Boeing Company Model 787-8 airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015.

(d) Subject

Air Transport Association (ATA) of America Code 54, Nacelles/pylons.

(e) Unsafe Condition

This AD was prompted by a report of fuel leaking onto the hot exhaust portion of the engine as a result of an unintended leak path from the leading edge through the pylon. We are issuing this AD to prevent fuel leaking from an unintended drain path from the leading edge through either the left or right pylon and onto the hot engine parts or brakes, which could lead to a major ground fire.

(f) Compliance

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

(g) Installation of Inboard and Outboard Seal Dams

Within 60 months after the effective date of this AD, install new seal dams in the inboard and outboard corners of the aft pylon frame on the left and right engines, including a general visual inspection to detect damage of the outboard blade seal, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015. Do all applicable corrective actions before further flight, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015.

(h) Credit for Previous Actions

This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 001, dated October 24, 2014; which is not incorporated by reference in this AD.

(i) 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 (j)(1) of this AD. Information may be emailed to: [email protected]

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

(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, 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.

(j) Related Information

(1) For more information about this AD, contact Sherry Vevea, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6514; fax: 425-917-6590; email: [email protected]

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

(k) Material Incorporated by Reference

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

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

(i) Boeing Alert Service Bulletin B787-81205-SB540004-00, Issue 002, dated December 3, 2015.

(ii) Reserved.

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

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

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

Issued in Renton, Washington, on March 14, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-06401 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-5815; Directorate Identifier 2015-NM-039-AD; Amendment 39-18443; AD 2016-06-12] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Airbus Model A330-200 and -300 series airplanes; and all Model A340-200, -300, -500, and -600 series airplanes. This AD was prompted by reports that the potable water service panel access door was lost during flight. This AD requires modifying affected potable water service panel access doors. We are issuing this AD to prevent failure of the latching mechanism of the potable water service panel access door, which could result in the loss of the potable water service panel access door during flight, and resultant damage to the airplane (e.g., damage to the trimmable horizontal stabilizer) that could cause loss of control of the airplane.

DATES:

This AD becomes effective May 3, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of May 3, 2016.

ADDRESSES:

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-5815.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-5815; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A330-200 and -300 series airplanes; and all Model A340-200, -300, -500, and -600 series airplanes. The NPRM published in the Federal Register on November 27, 2015 (80 FR 74042) (“the NPRM”).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0028R1, dated May 29, 2015, dated (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A330-200 and -300 series airplanes; and all Model A340-200, -300, -500, and -600 series airplanes. The MCAI states:

Several cases have been reported in which the potable water service panel access door was lost during flight, causing damage to the trimmable horizontal stabilizer. The results of subsequent investigations showed that these events were due to failure of the latching mechanism of the potable water service panel access door.

This condition, if not corrected, could lead to further cases of in-flight loss of the potable water service panel access door, possibly resulting in injury to persons on ground and/or damage to the aeroplane [(e.g., damage to the trimmable horizontal stabilizer)].

To address this condition, Airbus developed a modification and published Service Bulletin (SB) A330-52-3086, SB A340-52-4094 and SB A340-52-5019, to provide instructions for in-service accomplishment of that modification.

Consequently, EASA issued [an] AD * * * to require modification of the potable water service panel access door 164AR for A330/A340-200/-300 aeroplanes or 154BR for A340-500/-600 aeroplanes, which includes installation of reinforced hinge screws and more robust latches.

Since that [EASA] AD was issued, it was determined that aeroplanes that have embodied Airbus Mod 201938 (Improvement of latching mechanism of potable water service panel) are also not affected by the requirements of this [EASA] AD.

For the reason described above, this [EASA] AD is revised to exclude post-mod 201938 aeroplanes from 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-2015-5815.

Comments

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

Conclusion

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

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued the following service information.

• Airbus Service Bulletin A330-52-3086, Revision 01, dated April 25, 2014.

• Airbus Service Bulletin A340-52-4094, Revision 01, dated April 25, 2014.

• Airbus Service Bulletin A340-52-5019, Revision 01, dated April 25, 2014.

The service information describes procedures for modifying the affected potable water service panel access door. 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 63 airplanes of U.S. registry.

We also estimate that it will take about 21 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $15,280 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $1,075,095, or $17,065 per product.

According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-06-12 Airbus: Amendment 39-18443. Docket No. FAA-2015-5815; Directorate Identifier 2015-NM-039-AD. (a) Effective Date

This AD becomes effective May 3, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Airbus Model A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes, all manufacturer serial numbers, except those on which Airbus modification 201715, or Airbus modification 201796, or Airbus modification 201938 has been embodied in production.

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

(d) Subject

Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

This AD was prompted by reports that the potable water service panel access door was lost during flight. We are issuing this AD to prevent failure of the latching mechanism of the potable water service panel access door, which could result in the loss of the potable water service panel access door during flight, and resultant damage to the airplane (e.g., damage to the trimmable horizontal stabilizer) that could cause loss of control of the airplane.

(f) Compliance

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

(g) Modification

(1) Except as required by paragraph (g)(2) of this AD, within 36 months after the effective date of this AD, modify the affected potable water service panel access door, in accordance with the Accomplishment Instructions of the service information identified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this AD, as applicable to airplane type and model.

(i) Airbus Service Bulletin A330-52-3086, Revision 01, dated April 25, 2014.

(ii) Airbus Service Bulletin A340-52-4094, Revision 01, dated April 25, 2014.

(iii) Airbus Service Bulletin A340-52-5019, Revision 01, dated April 25, 2014.

(2) For airplanes that have already been modified before the effective date of this AD, as specified in the service information identified in paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of this AD, as applicable to airplane type and model: Within 16 months after the effective date of this AD, modify the potable water service panel access door by accomplishing the actions identified as “additional work,” as specified in and in accordance with the Accomplishment Instructions of the service information identified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this AD, as applicable to airplane type and model.

(i) Airbus Service Bulletin A330-52-3086, dated April 27, 2012.

(ii) Airbus Service Bulletin A340-52-4094, dated April 27, 2012.

(iii) Airbus Service Bulletin A340-52-5019, dated May 29, 2012.

(h) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

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

(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.

(i) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0028R1, dated May 29, 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-2015-5815.

(j) Material Incorporated by Reference

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

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

(i) Airbus Service Bulletin A330-52-3086, Revision 01, dated April 25, 2014.

(ii) Airbus Service Bulletin A340-52-4094, Revision 01, dated April 25, 2014.

(iii) Airbus Service Bulletin A340-52-5019, Revision 01, dated April 25, 2014.

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

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

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

Issued in Renton, Washington, on March 16, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-06524 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3772; Airspace Docket No. 15-ANM-21] Amendment of Class E Airspace; Butte, MT AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E surface area airspace and Class E airspace extending upward from 700 feet above the surface at Bert Mooney Airport, Butte, MT. After a review, the FAA found it necessary to amend the standard instrument approach procedures for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, May 26, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

Turan Wright, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4553.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

On December 18, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E surface area airspace and Class E airspace extending upward from 700 feet above the surface at Bert Mooney Airport, Butte, MT (80 FR 78986) FAA-2015-3772. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6002 and 6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E surface area airspace and Class E airspace extending upward from 700 feet above the surface at Bert Mooney Airport, Butte, MT. Class E surface area airspace is increased upward from the surface within a 4.3-mile radius of Bert Mooney Airport, with a segment extending to 11.5 miles to the northwest of the airport. Class E airspace extending upward from 700 feet above the surface is modified to within a 5.2-mile radius of Bert Mooney Airport, with a segment extending from the 5.2-mile radius to 6 miles to the southeast, 20.7 miles to the north, and 27.5 miles to the northwest of the airport.

Class E airspace designations are published in paragraph 6002 and 6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015 and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6002 Class E Airspace Areas Designated as an Extension. ANM MT E2 Butte, MT [Modified] Bert Mooney Airport, MT (Lat. 45°57′17″ N., long. 112°29′51″ W.)

That airspace extending upward from the surface within a 4.3-mile radius of the Bert Mooney Airport, and within 4.3 miles south of and parallel to the 309° bearing of the airport extending from the 4.3-mile radius to the 11.5 miles northwest, thence clockwise along the 11.5-mile radius to 2.5 miles east of and parallel to the 347° bearing from the airport extending from the 4.3-mile radius to 11.5 miles north of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM MT E5 Butte, MT [Modified] Bert Mooney Airport, MT (Lat. 45°57′17″ N., long. 112°29′51″ W.)

That airspace extending upward from 700 feet above the surface bounded by a line beginning at Lat. 46°17′24″ N., Long. 112°44′15″ W.; to Lat. 46°18′25″ N., Long. 112°30′26″ W.; to Lat. 45°55′41″ N., Long. 112°20′52″ W.; to Lat. 45°50′32″ N., Long. 112°26′02″ W.; to Lat. 45°57′11″ N., Long. 112°47′54″ W.; to Lat. 46°11′45″ N., Long. 113°04′28″ W.; thence to point of beginning; that airspace extending upward from 1,200 feet above the surface bounded by a line beginning at Lat. 45°35′00″ N., Long. 113°05′00″ W.; to Lat. 46°37′00″ N., Long. 113°05′00″ W.; to Lat. 46°37′00″ N., Long. 112°26′00″ W.; to Lat. 46°16′00″ N., Long. 112°00′00″ W.; to Lat. 45°35′00″ N., Long. 112°00′00″ W.; thence to point of beginning.

Issued in Seattle, Washington, on March 16, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-06935 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-7484; Airspace Docket No. 15-AGL-24] Amendment of Class D and Class E Airspace for the Following Minnesota Towns: Rochester, MN; and St. Cloud, MN AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule, delay of effective date, correction.

SUMMARY:

This action changes the effective date of a final rule published in the Federal Register of February 8, 2016, amending Class E surface area airspace and Class E airspace designated as an extension at Rochester International Airport, Rochester, MN; and St. Cloud Regional Airport, St. Cloud, MN. This correction adds the part-time Notice to Airmen (NOTAM) language inadvertently removed from the Class E surface area descriptions for the above airports. Additionally, adjustment is made to the geographic coordinates of Rochester International Airport in the Class D airspace and Class E airspace extending upward from 700 feet above the surface. The Title is also amended to include Class D airspace.

DATES:

This correction is effective 0901 UTC, April 28, 2016, and the effective date of the rule amending 14 CFR part 71, published on February 8, 2016 (81 FR 6448) is delayed to 0901 UTC April 28, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

SUPPLEMENTARY INFORMATION:

History

The Federal Register published a final rule amending Class E airspace at Rochester International Airport, Rochester, MN, and St. Cloud Regional Airport, St. Cloud, MN (81 FR 6448, February 8, 2016) Docket No. FAA-2015-7484. Subsequent to publication, the FAA determined that the part-time NOTAM language in the Class E surface area description was inadvertently removed in error. Potential safety concerns were identified due to the possibility for confusion in determining the operating rules and equipment requirements in the Rochester International Airport and St. Cloud Regional Airport terminal areas. The concerns were based on the opportunity for part-time Class D surface area airspace and continuous Class E surface area airspace to be active at the same time.

To resolve these concerns, the FAA is keeping the part-time NOTAM language in the Class E surface area description to retain it as part-time airspace supplementing the existing part-time Class D surface area airspace at Rochester International Airport and St. Cloud Regional Airport. Also, the FAA found in amending the airport reference point for the Rochester International Airport, additional existing controlled airspace was inadvertently omitted from the rule. This action adds adjustment of the geographic coordinates of the airport in Class D airspace and Class E airspace extending upward from 700 feet above the surface.

These are administrative corrections and do not affect the controlled airspace boundaries or operating requirements supporting operations in the Rochester International Airport and St. Cloud Regional Airport terminal areas.

Correction to Final Rule

Accordingly, pursuant to the authority delegated to me, in the Federal Register of February 8, 2016 (81 FR 6448) FR Doc. 2016-02283), Amendment of Class D and E Airspace for the Following Minnesota Towns; Rochester, MN; and St. Cloud, MN, is corrected as follows:

§ 71.1 [Amended]

On page 6448, column 3, line 27, remove “Amendment of Class E Airspace for the Following Minnesota Towns: Rochester, MN; and St. Cloud, MN” and add in its place “Amendment of Class D and Class E Airspace for the Following Minnesota Towns: Rochester, MN; and St. Cloud, MN”.

AGL MN E2 Rochester, MN [Corrected]

On page 6449, column 3, after line 49, add the following text:

“This Class E airspace area is effective during the specific dates and times established by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.”

AGL MN E2 St. Cloud, MN [Corrected]

On page 6449, column 3, after line 59, add the following text:

“This Class E airspace area is effective during the specific dates and times established by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.”

On page 6450, column 1, after line 24, add the following text:

Paragraph 5000 Class D Airspace. AGL MN D Rochester, MN [Corrected] Rochester International Airport, MN (Lat. 43°54′30″ N., long. 92°30′00″ W.) Rochester VOR/DME (Lat. 43°46′58″ N., long. 92°35′49″ W.)

That airspace extending upward from the surface to and including 3,800 feet MSL within a 4.3-mile radius of the Rochester International Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be published continuously in the Airport/Facility Directory.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AGL MN E5 Rochester, MN [Corrected] Rochester International Airport, MN (Lat. 43°54′30″ N., long. 92°30′00″ W.) Rochester VOR/DME (Lat. 43°46′58″ N., long. 92°35′49″ W.) Mayo Clinic-St. Mary's Hospital, MN (Lat. 44°01′11″ N., long. 92°28′59″ W.)

That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of the Rochester International Airport, and within 3.2 miles each side of the Rochester VOR/DME 028° radial extending from the 6.8-mile radius to 7.9 miles southwest of the airport, within 5.3 miles southwest and 4 miles northeast of the Rochester northwest localizer course extending from the 6.8-mile radius to 20 miles northwest of the airport, within 5.3 miles northeast and 4 miles southwest of the Rochester southeast localizer course extending from the 6.8-mile radius to 17.3 miles southeast of the airport and within a 6.4-mile radius of the St. Mary's Hospital Heliport.

Issued in Fort Worth, Texas, on March 21, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-06932 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-0735; Airspace Docket No. 16-ASO-2] Amendment of Class E Airspace for the Following Tennessee Towns: Jackson, TN; Tri-Cities, TN AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends Class E Airspace at McKellar-Sipes Regional Airport, Jackson, TN, and Tri-Cities Regional Airport, Tri-Cities, TN, by eliminating the Notice to Airmen (NOTAM) part time status of the Class E airspace designated as an extension at each airport. This is an administrative change to coincide with the FAA's aeronautical database.

DATES:

Effective 0901 UTC, May 26, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/airtraffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

In a review of the airspace, the FAA found the airspace description for Class E Airspace at McKellar-Sipes Regional Airport, Jackson, TN, and Tri-Cities Regional Airport, Tri-Cities, TN, as published in FAA Order 7400.9Z, Airspace Designations and Reporting Points, does not match the FAA's charting information. This administrative change to remove the NOTAM information to be in concert with the FAA's aeronautical database.

Class E airspace designations are published in paragraphs 6004 of FAA Order 7400.9Z dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by eliminating the NOTAM information that reads “This Class E airspace area is effective during the specific dates and times established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory.” from the regulatory text of Class E airspace designated as an extension to Class D at McKellar-Sipes Regional Airport, Jackson, TN; and Tri-Cities Regional Airport, Tri-Cities, TN. This is an administrative change amending the description for the above Tennessee airports to be in concert with the FAAs aeronautical database, and does not affect the boundaries, or operating requirements of the airspace, therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows: Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Area. ASO TN E4 Jackson, TN [Amended] McKellar-Sipes Regional Airport, TN (Lat. 35°35′59″ N., long. 88°54′56″ W.) McKellar VOR/DME (Lat. 35°36′13″ N., long. 88°54′38″ W.)

That airspace extending upward from the surface within 3.1 miles each side of the McKellar VOR/DME 206° radial, extending from the 4.2-mile radius of McKellar-Sipes Regional Airport to 7 miles southwest of the VOR/DME.

ASO TN E4 Tri-Cities, TN Tri-Cities Regional Airport, TN/VA (Lat. 36°28′31″ N., long. 82°24′27″ W.)

That airspace extending from the surface within 2.5-miles either side of the 043° bearing from Tri-Cities Regional Airport, extending from the 4.3-mile radius of the airport to 6.8-miles northeast of the airport.

Issued in College Park, Georgia, on March 15, 2016. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2016-06933 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2015-3773; Airspace Docket No. 15-ANM-22] Amendment of Class E Airspace; Deer Lodge MT AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Deer Lodge-City-County Airport, Deer Lodge, MT. After a review, the FAA found it necessary to amend the airspace area for the safety and management of standard instrument approach procedures for Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, May 26, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:

Turan Wright, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4533.

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

History

On December 14, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify the Class E airspace extending upward from 700 feet above the surface at Deer Lodge-City-County Airport, Deer Lodge, MT (80 FR, 77283) FAA2015-3773. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface to within a 6-mile radius of Deer Lodge-City-County Airport, Deer Lodge-City-County Airport, Deer Lodge, MT.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ANM MT E5 Deer Lodge, MT [Modified] Deer Lodge-City-County Airport, MT (Lat. 46°23′16″ N., long. 112°45′54″ W.)

That airspace extending upward from 700 feet above the surface within a 6-mile radius of the Deer Lodge-City-County Airport.

Issued in Seattle, Washington, on March 16, 2016. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-06934 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2014-0370; Airspace Docket No. 14-ASO-2] RIN 2120-AA66 Redesignation and Expansion of Restricted Area R-4403; Gainesville, MS AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action removes restricted area R-4403 Gainesville, MS, and replaces it with an expanded area redesignated as R-4403A, B, C, E and F, Stennis Space Center (SSC), MS (the designation R-4403D is not used). The expanded restricted airspace is necessary to support essential National Aeronautics and Space Administration (NASA) testing and Naval Special Warfare Command (NSWC) training requirements.

DATES:

Effective date 0901 UTC, May 26, 2016.

FOR FURTHER INFORMATION CONTACT:

Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it restructures the restricted airspace at the Stennis Space Center, MS, to enhance aviation safety and accommodate essential testing and training by NASA and the NSWC.

History

On July 10, 2014, the FAA published in the Federal Register a notice proposing to re-designate and expand restricted area R-4403, Gainesville, MS, to support missions of the National Aeronautics and Space Administration (NASA) and the Naval Special Warfare Command (NSWC) (79 FR 39344). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. Eight comments were received.

On August 17, 2015, the FAA published a Supplemental Notice of Proposed Rulemaking (SNPRM) (80 FR 49181) to solicit comments on changes to the originally proposed boundaries, time of designation and proposed restricted area activities. Three comments were received in response to the SNPRM.

Discussion of Comments

In response to the NPRM and SNPRM, a combined total of 11 comments were received (including one duplicate submission). Comments were submitted by four individuals and the Aircraft Owners and Pilots Association (AOPA), Partners for Stennis, Hancock County Board of Supervisors, Hancock County Port and Harbor Commission, and the Mississippi Airports Association. Two individuals expressed support for the proposal. The remaining commenters expressed objections or concerns that are discussed in this section.

Several commenters objected to size of the expanded area stating that all other options, including the use of other existing special use airspace (SUA) elsewhere, should be explored first. One commenter wrote that the entire area should not be designated as restricted airspace. Instead, the bulk of the area should be a military operations area (MOA).

The R-4403 complex is being expanded because the current airspace cannot fully contain the lateral and vertical hazards associated with rocket engine testing. Plus, it cannot accommodate NASA's testing of untethered autonomous space vehicles. Further, the Navy's existing Western Maneuver Area (WMA) has no restricted airspace to permit air-to-ground live-fire training for Special Operations Force (SOF) units. The dimensions of the expanded restricted airspace were calculated to contain the hazard zones for all NASA tests and NSWC training events. The dimensions of R-4403A cannot be reduced due to the rocket engine testing hazard area. R-4403B provides airspace to contain untethered autonomous vehicle testing and is designed to ensure containment of untethered vehicle flight profiles. R-4403C is required to contain air-to-ground firing of various weapons and lasers at ground targets within R-4403C. R-4403E is required to contain air-to-ground laser firing at ground targets within R-4403E. R-4403F is sized to contain the AC-130 gunship orbit while firing lasers at the target in R-4403E. The expansion represents the minimum restricted airspace needed to segregate these hazards from nonparticipating aircraft.

Regarding the comment that other existing SUA should be used instead of expanding R-4403, there is no other special use airspace available to relocate the testing and training missions. It would be economically unfeasible to move the large infrastructure and engine testing facilities in place at SSC (test stands, etc.). Further, the SSC Acoustical Buffer Zone makes SSC the last place in the country where NASA can test large engines and whole rocket stages. For the Navy, R-4403C through F overlie a combination of riverine, jungle and coastal features that support SOF training requirements. These subareas contain double and triple canopy jungles similar to environments in other parts of the world where SOF units could be deployed. Plus, the area contains seven miles of river to support coastal and riverine operations training. These features form a unique area that cannot be duplicated anywhere else in the United States where the Navy owns land.

The FAA determined that a MOA is not the appropriate type of SUA to use in this case. MOAs are established to contain nonhazardous military flight training activities. Examples include, but are not limited to, aerobatics, air combat maneuvers, low altitude tactics, air intercepts, etc. No firing of weapons or ordnance is permitted in a MOA.

One commenter wrote that the different times of designation for R-4403A and B versus those for R-4403C through F are confusing. Also, the provision allowing activation of R-4403C through F at “other times by NOTAM with ATC approval” would permit operations to be conducted at any time (with minimal notice) thus hindering the ability of pilots to effectively plan flights and leading transient pilots to select other airfields.

The time periods for R-4403A and B are based on NASA testing requirements which are primarily accomplished during daylight hours. The times for R-4403C through F reflect NSWC training requirements which are primarily accomplished during nighttime hours. In response to the comment, the proposed provision to activate R-4403C through F at “other times by NOTAM with ATC approval” is removed. Therefore, any activations of the R-4403 complex (R-4403A through F) will require that a NOTAM be issued at least 24 hours in advance. There is no allowance for activating the areas outside the specific times listed in the restricted area descriptions (see the “Adoption of the Amendment” section, below). The 24-hour NOTAM requirement will provide pilots with advance information needed for flight planning purposes. In addition, the restricted area using agencies have agreed to publish a VHF frequency on the New Orleans Sectional Aeronautical Chart so that pilots can call to determine the real-time status of the airspace.

One commenter responding to the NPRM wrote that the VPRAM VFR waypoint, located at the intersection of Interstate I-10 and U.S. Highway 90, is too close to the restricted areas for pilots to safely use I-10 as a visual reference. The commenter believes that it could actually increase the chance of pilots mistakenly intruding into restricted airspace or force them to fly farther south and potentially out of visual range of the interstate. In response to this comment, the FAA proposed in the SNPRM to move the southern boundary slightly northward in an effort to remain clear of I-10. However, a commenter responding to the SNPRM said that the revised line was still too close for pilots to safely navigate using VPRAM and I-10 as a reference. The commenter recommended that the southern boundary be moved still further north to be at least one nautical mile (NM) from I-10 in all places.

NASA and NSWC considered moving the boundary further north but determined it could not be done without infringing on the required safety buffers in R-4403A, B and C. The FAA agrees that VPRAM is too close to the new restricted areas and therefore is cancelling that waypoint. In its place, the FAA is establishing two new Visual Flight Rules (VFR) waypoints south of I-10 to assist pilots transitioning east and west in that area. The new VFR waypoints are VPASD located at 30°15′45″ N., 89°41′18″ W.; and VPHSA located at 30°18′54″ N., 89°28′51″ W. It should be noted that when inflight visibility permits, pilots remaining south of I-10 while flying east or westbound can be assured that they will be clear of the southern boundaries of R-4403A, B and C.

One commenter objected to R-4403A because it increases the land-based testing area. The commenter also objected to untethered space vehicle testing to the extent that it would exceed 6,000 feet MSL.

R-4403A is a 2.5 NM radius circle from the surface up to 12,000 feet MSL. It will be used approximately 40 times per year to test rocket engines on fixed-in-place test stands. Due to its small footprint, only a minor lateral flight deviation would be required to circumnavigate the area. Untethered space vehicle testing will only occur in R-4403B, which has a ceiling of 6,000 feet MSL.

A commenter said that the proposed live-fire operations in R-4403E and F pose a risk for planes travelling to Stennis International Airport. Further, the area of proposed firing encompasses an area through which Mississippi Highway 43 extends and is only a short distance from a Hancock County elementary school.

Highway 43 and the school are located in the vicinity of R-4403E and F. The original proposal included a plan to expend ordnance and fire lasers into R-4403E. During the range design process, the Navy determined that the required weapons danger zones could not be fully contained within Federally-owned property. Therefore, the target area was reduced to an air-to-ground laser-only target, and there will be no air-to-ground ordnance delivery into R-4403E. Instead, only laser firing by AC-130s at the ground target on Navy-owned land will be conducted. Highway 43 and the school are clear of any risk. Restricted areas are established to segregate hazardous activities from nonparticipating aircraft. By avoiding the restricted areas, aircraft operating to or from Stennis International Airport would not be exposed to hazards.

Concern was expressed about the proposal for ground forces to use eye-safe lasers for signaling military aircraft operating overhead.

The Navy re-evaluated this requirement and determined it is not necessary. There will be no ground-to-air laser use at SSC.

Several commenters raised concerns about the safety of residents and visitors, the firing of weapons over land that remains in legal title with individual landowners and restrictions on public access to, and the use of, the property.

Both NASA and the Navy have stringent policies and procedures to ensure that hazardous activities are contained within restricted airspace. A number of measures are in place to ensure public safety. All Stennis facilities are contained within a 13,800-acre area owned by the Federal government known as the “Stennis Fee Area.” This area is gated and patrolled 24-hours by a security force to deny unauthorized access. The Fee Area is surrounded by a 125,000-acre acoustical buffer zone that was established in 1962 to reduce the harmful effects of very loud sound waves and sonic vibration produced by rocket engine tests. The buffer zone grants to the United States government a perpetual restrictive easement for restricting certain uses in, on, across and over the land in the buffer zone. The easement encumbers every buffer zone property owner by prohibiting human habitation or human occupancy of dwellings or other buildings. The easement gives the government the right to prohibit the construction of dwellings and other buildings for human habitation or occupancy, together with the right to post signs indicating the nature and extent of the Government's control and the right of ingress and egress over and across the affected lands.

The restricted area expansion was specifically designed and sized to contain hazards from NASA and NSWC activities within the ground features of Stennis Space Center and the associated acoustical buffer zone. While individual land owners make up much of the Stennis Buffer Zone, all impact areas and weapons danger zones will be on property that is owned by the Navy. The restricted areas that go to the surface are totally contained within the SSC Buffer Zone.

The easement does permit other uses when those activities do not interfere with, or reduce the rights of, the government. Access to private property in the buffer zone is allowed with prior coordination with SSC. In cases where property owners require aerial access to parcels encumbered by this restricted airspace, aerial access may be arranged through coordination with the NASA/SSC Range Safety Manager via the Stennis Flight Request System at (https://airrange.ssc.nasa.gov/FlightRequest.asp).

Regarding concerns about the safety of persons with respect to the firing of weapons in the restricted areas, real-time operational control over the underlying land is most critical where live-fire operations are conducted. The impact areas in the Navy-owned WMA are fenced for denial of public access with signs posted along the fence line warning of the hazardous range activities. The Navy cannot fire onto lands they do not own.

Conversely, public access to Pearl River, Mike's River and McCarty Bayou is not restricted but, prior to any live-fire operations, range guards in boats will clear all waterways encumbered by surface danger zones. Picket boats are then posted at the north and south ends of the Pearl River to guard against unauthorized public access to live-fire areas. These safety measures are in use today during ground-based training operations in the WMA, and they will also be used for future activities within the restricted airspace. For an added layer of safety when AC-130 gunships are operating, their crews, as a matter of procedure, inspect target and impact areas both visually and with on-board sensors to ensure no unauthorized personnel are in the area.

A commenter asked why the “airport operating area” around Picayune Municipal Airport was reduced from 5 NM to 3 NM.

There is no designated “airport operating area” airspace at Picayune Municipal. The airspace in the immediate vicinity (6.5 NM radius) of Picayune is uncontrolled airspace (Class G) below 700 feet AGL. FAA policy requires that restricted areas must exclude the airspace at and below 1,500 feet above ground level (AGL) within a 3 NM radius of airports that are available for public use. That is the reason for the 3-NM exclusion applied at Picayune Municipal. Because Picayune does not have an airport traffic control tower (ATCT), there is no Class D airspace (that would extend upward from the surface) designated at that airport. Thus, the 3-NM exclusion was applied. By comparison, at Stennis International Airport, which has an operating ATCT, Class D airspace has been designated within a 4.2-NM radius of the airport from the surface up to 2,500 feet MSL. The boundaries of R-4403B, C, and E are aligned along the boundary of the Stennis Class D airspace area so as to avoid infringing upon the airport's Class D airspace.

A commenter requested that any airspace changes should take place only in concert with the publication of VFR and IFR aeronautical charts so that all pilots are aware of the changes. Further, the instrument approach procedure plates for Picayune Municipal Airport should be revised to show the restricted areas to warn pilots of their location.

The restricted area expansion becomes effective on May 26, 2016, which coincides with both the next edition of the New Orleans Sectional Aeronautical Chart and the IFR chart cycle. The applicable instrument approach procedure plates will also be revised to depict the new restricted areas.

Most commenters are concerned about the potential impact of the restricted areas on IFR and VFR aircraft transiting the area and on the published instrument approach procedures serving Picayune Municipal (KMJD) and Stennis International (KHSA) airports. There is also concern that pilots would simply avoid using those airports.

The FAA acknowledges that, depending on actual utilization of the restricted areas, there may be times when instrument procedures and/or transiting flights would be impacted requiring additional vectoring by air traffic control (ATC) or causing pilots to deviate in order to avoid the restricted airspace. A number of mitigations such as the planned intermittent use of the complex, the ability of ATC to recall airspace, adjustment to instrument procedures, etc., are intended to lessen the overall impact of the restricted areas.

Regarding the instrument procedures for Picayune Municipal Airport (KMJD), the RNAV (GPS) RWY 36 approach would be impacted since its protected airspace penetrates areas A, B, C and E. When only R-4403A is in use, and radar is available, ATC may be able to vector aircraft so as to clear the R-4403A boundary. Because R-4403A does not contain any aviation activity, ATC can vector aircraft to miss the boundary rather than apply 3-NM lateral separation that would be required if the area contained flight activity. In a non-radar environment, however, the approach would be unavailable. The use of R-4403A is expected to be infrequent (approximately 40 days per year) minimizing potential impacts. When R-4403B, C or E are in use, Picayune's runway 36 approach would be unavailable unless ATC can recall the airspace or temporarily assign military aircraft to maintain an altitude that would provide separation from the IFR arrivals or departures. The current runway 36 missed approach procedure is being revised so that aircraft will climb straight ahead to the CIQYI waypoint and hold, instead of proceeding eastward to the CAESA fix, which would further penetrate restricted airspace.

The missed approach procedure for the RNAV (GPS) RWY 18 approach at Picayune penetrates R-4403B, C and E. The missed approach procedure is being redesigned so that instead of taking aircraft east of the airport and into restricted airspace, aircraft will execute a climbing right turn, away from the restricted areas, direct to the CIQYI initial approach fix and hold.

Minor modifications are being made to the VOR-A approach. The inbound course is being changed by three degrees from 132° to 129°, and the missed approach point changed to 5.23 NM from the final approach fix instead of 5.7 NM from the fix.

Regarding Stennis International Airport's (KHSA) instrument procedures, a commenter asked FAA to ensure that R-4403F does not interfere with the instrument approaches to runway 18 at Stennis International Airport.

The floor of R-4403F was set at 4,000 feet MSL to provide room for runway 18 approaches underneath R-4403F.

A concern was raised about medevac helicopter flights to the Ochsner Medical Center Heliport (LS51) in Slidell, LA.

The proximity of the heliport to the boundary of R-4403B and C could affect IFR flight to and from the facility when those areas are active. Provisions for ATC to recall a portion of the airspace to accommodate emergency medevac flights are included in the Letter of Procedure (LOP). When R-4403A is active, as discussed above, it is only necessary for flights to miss the boundary. The small size (2.5-NM radius) would require a minor lateral flight deviation to circumnavigate the area.

There would be some impact on the use of a feeder route from the Picayune (PCU) VOR/DME to the DUFOS initial approach fix (IAF) for the RNAV (GPS) RWY 36 approach at Slidell Airport (KASD), LA. The flight path will come very close to the boundary of R-4403B and C and the protected airspace for that route penetrates the restricted areas.

A note will be added to the approach plate to indicate the feeder route is “Not Authorized” when R-4403B or C is active.

Need for Restricted Airspace

As noted above, R-4403 is too small to fully contain hazards from rocket engine tests and other NASA test requirements. Expanded restricted airspace is needed to test current and future space transportation systems so that NASA can meet its obligations under the National Space Policy. Additionally, the current restricted area cannot accommodate essential NSWC training scenarios. Today, the Navy uses the existing WMA to train land and riverine SOF elements. However, this training is limited by the lack of restricted airspace needed to train under air-to-ground live-fire conditions. This severely restricts the Navy's ability to conduct realistic, full- mission profile training to prepare SOF units for deployments world-wide. The lack of an air-to-ground, live-fire capability means that air and ground units are forced to simulate the coordination and integration of air-to-ground live-fire operations limiting this phase of training to basically a communications-only exercise. Because operations with live air-to-ground weapons employment cannot be practiced in advance, the SOF units are unable to identify and correct any potential conflicts or coordination problems that could otherwise arise for the first time during actual missions while deployed. This training limitation places the mission, personnel and equipment at risk. The designation of R-4403C, E and F alleviates that training shortfall.

Projected Use of Restricted Areas

Use of R-4403A through F will be governed by the terms in a LOP between NASA/SSC, NSWC, Houston Air Route Traffic Control Center (ARTCC) and the ATC facilities at New Orleans, LA, and Gulfport, MS. The LOP will include procedures for activating and deactivating the restricted areas, and it includes several provisions aimed at lessening potential aeronautical impacts of the restricted areas.

The LOP provides that R-4403B through F cannot be scheduled during certain special events that would attract a high volume of air traffic to or through the local area. Examples include, but are not limited to, the Sugar Bowl, Mardi Gras, Super Bowl, Final Four, large conventions, etc.

The LOP further provides that ATC can recall the airspace (except R-4403A) for severe weather, severe traffic congestion, inflight emergencies or equipment outages (radar and communications). Additionally, when bad weather is forecast and ATC sees a requirement for all of R-4403, then ATC has the ability to disapprove the next day's schedule for a complete weather recall of the airspace, if needed. One exception is that R-4403A cannot be recalled once the rocket engine fueling process has begun.

The LOP also enables ATC, under certain conditions, to accommodate access to affected airports (such as Picayune Municipal) by temporarily restricting the military aircraft operating in the restricted area at a higher altitude so that IFR traffic can arrive or depart the airport underneath. Once the traffic is clear, the restricted airspace is returned to the users.

The expected overall use of the R-4403 restricted area complex will be approximately 160 days per year, on an intermittent basis, depending on NASA test requirements and Navy mission taskings. Planned use of each subarea is described below.

R-4403A is for the exclusive use by NASA for testing rocket engine technology on fixed-in-place engine test stands. Anticipated need for this testing is approximately 20 to 40 times per year. NASA will activate R-4403A an average of 7 hours for each engine test event. If technical difficulties or other conditions require, R-4403A may need to be activated for up to 12 hours. Once loading of the propellant and oxidizer tanks begins, a potential hazard exists due to the volatility of those products; hence, the operation cannot be halted. For this reason, R-4403A cannot be recalled by ATC once the fueling begins. Note: No other subarea can be activated while R-4403A is in use.

R-4403B is for the exclusive use by NASA for Untethered Autonomous Flight Vehicle testing (such as the Morpheus Lander). Testing of these vehicles involves hazards because failure of the vehicle, its propulsion system, or propellant tanks can result in explosion of the vehicle. The propensity for this to occur is greater with these vehicles than with a standard aircraft because of the extremely volatile nature of the propellants and the poor aerodynamic characteristics of the vehicle during earth-based operation. The anticipated need for this type of testing is approximately 3 times per year. Actual flight during these test events would be less than 8 minutes; however, due to the complexity of the event, each test will require activation of R-4403B for 7 to 12 hours. NASA will only activate R-4403B to the altitude necessary for the specific activity being conducted. Note: No other subarea can be activated while R-4403B is in use.

R-4403C is used for Navy SOF Integration Training. It has the same lateral boundaries as R-4403B. The purpose of R-4403C is to support pre-deployment training of SOF units with air-to-ground, live-fire of munitions and lasers. Total usage of R-4403C is anticipated to be 100 to 120 days per year in approximately 3-hour blocks. R-4403C extends from the surface up to 10,000 feet MSL. However, when AC-130s are not participating in a training event, R-4403C will only be scheduled up to 6,000 feet MSL. This will lessen potential impacts of the restricted area on nonparticipating aircraft. Depending on the mission, R-4403C can and will be used by itself, but approximately 20 days per year, it will be used in conjunction with R-4403E and F.

R-4403E and F are also used for SOF training. Their purpose is to contain AC-130 gunships firing non-eye-safe lasers aimed at a ground target in R-4403E. They will always be activated together for that purpose. The AC-130 will fly in a circular orbit at a 2 to 2.5-NM radius from the target, at an altitude ranging from 8,000 feet to 10,000 feet MSL. R-4403E and F can be activated independently of R-4403C, but typically they would be used in conjunction with R-4403C. Total usage of R-4403E and F is anticipated to be 20 days per year in approximately 3-hour blocks concurrent with R-4403C.

R-4403C, E and F will also be used during the annual Emerald Warrior SOF training exercise. This exercise lasts no more than 10 days.

Note: The term “intermittent” as used in the times of designation for the R-4403 complex indicates occasional, irregular, or changeable use periods within the stated times.

Summary of Mitigations

This section presents a summary of mitigations intended to lessen the potential impact of the restricted area expansion.

—The restricted areas will be used intermittently. Overall use of the complex is limited to approximately 160 days per year per the Letter of Procedure. —The original proposal allowing activation of R-4403C, E and F at “other times by NOTAM with ATC approval” was eliminated. —No other subarea can be activated while R-4403A is in use. —No other subarea can be activated when R-4403B is in use. —NASA will activate R-4403B only to the altitude required for the specific mission. —R-4403C will only be activated to 6,000 feet MSL when AC-130 gunships are not participating in a mission. —Two new VFR waypoints are being established south of I-10 to aid VFR navigation. —A VHF frequency will be added to the New Orleans Sectional Aeronautical chart for pilots to obtain real-time status of the restricted areas. —R-4403B through F cannot be activated during certain special events that would attract a high volume of air traffic to or through the area. —ATC can recall the airspace in cases of inflight emergencies, severe weather, severe air traffic congestion or equipment outages (radar and communications). —ATC can recall the airspace, if necessary, for medevac helicopters. —ATC can recall or restrict users to higher altitudes to allow IFR operations at Picayune Municipal Airport. —Revisions to instrument approach procedures serving Picayune Municipal Airport and Stennis International Airport. The Rule

The FAA is amending 14 CFR part 73 by removing restricted area R-4403, Gainesville, MS, and replacing it with expanded restricted airspace consisting of five subareas, designated R-4403A, R-4403B, R-4403C, R-4403E and R-4403F. (Note: the designation R-4403D is not used).

The FAA is taking this action because the existing airspace is too small to fully contain NASA test activities and NSWC pre-deployment training for Special Operations Forces.

R-4403A and B will be used solely by NASA for rocket engine testing and untethered space vehicle propulsion system testing. The NSWC will use R-4403C, E and F for pre-deployment integration training for Special Operations Forces. The restricted area subareas are described below.

R-4403A contains testing of rocket engine technologies on Stennis Space Center's engine test stands. It consists of the airspace within a 2.5-NM radius of lat. 30°21′51″ N., long. 89°35′39″ W., (centered on the rocket engine test complex) and extends from the ground up to 12,000 feet MSL. This testing does not entail any flight activity as the operation takes place on fixed-in-place stands. No other subareas may be activated while R-4403A is in use.

R-4403B is used by NASA for testing of untethered autonomous space vehicles that are used to explore planets and asteroids. R-4403B extends from the ground up to 6,000 feet MSL. No other subareas may be activated while R-4403B is in use.

R-4403C contains the Navy's existing Western Maneuver Area (WMA) which is used for pre-deployment training for Special Operations Forces. R-4403C extends from the ground up to 10,000 feet MSL. Hazardous activities in R-4403C will consist of air-to-ground live-fire training for AC-130 gunships, armed helicopters and tilt-rotor (CV-22) aircraft and surface-to-surface weapons firing by ground forces. R-4403C contains two impact areas (targets) for air-to-ground munitions employment (up to 105mm), and air-to-ground non-eye-safe laser firing. R-4403C will be activated to 10,000 feet MSL when AC-130 gunships are operating. If AC-130s are not operating, R-4403C will only be activated up to 6,000 feet MSL (the remaining airspace is available to other users). Originally, the Navy intended to also employ eye-safe lasers for signaling military aircraft operating overhead, but this activity has been eliminated.

R-4403D. This designation is not used.

R-4403E contains a ground target for the firing of non-eye safe lasers by AC-130 gunships. R-4403E extends from the ground up to 10,000 feet MSL. The original proposals to also use this area for air-to-ground munitions delivery and for the use of eye-safe ground-to-air lasers to signal military aircraft operating overhead are eliminated.

R-4403F wraps around the northeast corner of R-4403E and extends upward from 4,000 feet MSL to 10,000 feet MSL. Its purpose is to ensure containment of the AC-130 orbit, which is a 2.5 NM radius around the laser ground target in R-4403E. R-4403E could be activated by itself, but R-4403E and F will always be activated together for AC-130 laser firing. The two areas can be activated separately from R-4403C, but typically they will be used in conjunction with R-4403C.

The time of designation for NASA's R-4403A and R-4403B is “Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance.” The time of designation for NSWC's R-4403C, R-4403E and R-4403F is “Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 24 hours in advance; and 1800 to 2000 local time, November 1 to March 1, as activated by NOTAM at least 24 hours in advance (not to exceed 20 days per year).” To clarify, the 1800 to 2000 time frame can only be used between November 1 and March 1 and only for a maximum 20 days per year during that period. In the original proposal, R-4403C, E and F included an additional provision allowing the airspace also to be activated at any other times by NOTAM with ATC approval. That provision has been eliminated.

During times when the above restricted areas are not needed by the using agencies, the airspace will be returned to the FAA controlling agency, Houston Air Route Traffic Control Center (ARTCC), and will be available for access by other airspace users.

Regulatory Notices and Analyses

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

Environmental Review

The FAA has conducted an environmental review for this rulemaking in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, and the regulations of the Council on Environmental Quality implementing the National Environmental Policy Act, 40 CFR parts 1500-1508. This review has included independent evaluation and adoption of the NSWC's and NASA's Final Environmental Assessment for the Redesignation and Expansion of Restricted Airspace R-4403 to Support Military Air-to-Ground Munitions Training and National Aeronautics and Space Administration Rocket Engine Testing at Stennis Space Center dated October 2015 (hereinafter “the FEA”), on which the FAA was a cooperating agency, as well as environmental analysis of the changes to approach procedures at Picayune Municipal Airport and Stennis International Airport described in the Summary of Mitigations above. Based on its environmental review, the FAA has determined that this rule will not significantly affect the human environment. The FAA's ROD and environmental review are included in the docket for this rulemaking. The FEA is available at http://www.ssc.nasa.gov/environmental/docforms/eas/eas.html.

List of Subjects in 14 CFR Part 73

Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows:

PART 73—SPECIAL USE AIRSPACE 1. The authority citation for part 73 continues to read as follows: Authority:

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

§ 73.44 [Amended]
2. Section 73.44 is amended as follows: R-4403 Gainesville, MS [Removed] R-4403A Stennis Space Center, MS [New]

Boundaries. That airspace within a 2.5-NM radius centered at lat. 30°21′51″ N., long. 89°35′39″ W.

Designated altitudes. Surface to 12,000 feet MSL.

Time of designation. Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance.

Controlling agency. FAA, Houston ARTCC.

Using agency. NASA, Director, Stennis Space Center, Bay St. Louis, MS.

R-4403B Stennis Space Center, MS [New]

Boundaries. Beginning at lat. 30°29′37″ N., long. 89°35′16″ W.; to lat. 30°29′37″ N., long. 89°32′33″ W.; thence clockwise along a 0.85-NM arc centered at lat. 30°28′46″ N., long. 89°32′33″ W.; to lat. 30°28′46″ N., long. 89°31′34″ W.; to lat. 30°26′25″ N., long. 89°31′34″ W.; to lat. 30°24′02″ N., long. 89°31′34″ W.; thence counterclockwise along a 4.2-NM arc centered at lat. 30°22′04″ N., long. 89°27′17″ W.; to lat. 30°20′28″ N., long. 89°31′46″ W.; to lat. 30°19′19″ N., long. 89°35′32″ W.; to lat. 30°18′23″ N., long. 89°40′17″ W.; to lat. 30°21′08″ N., long. 89°42′25″ W.; to lat. 30°22′22″ N., long. 89°42′58″ W.; to lat. 30°23′44″ N., long. 89°42′43″ W.; to lat. 30°26′40″ N., long. 89°40′51″ W.; thence counterclockwise along a 3-NM arc centered at lat. 30°29′15″ N., long. 89°39′04″ W.; to lat. 30°27′08″ N., long. 89°36′37″ W.; to lat. 30°27′58″ N., long. 89°35′27″ W.; to lat. 30°28′47″ N., long. 89°35′27″ W.; to the point of beginning.

Designated altitudes. Surface to 6,000 feet MSL.

Time of designation. Intermittent, 1000 to 0300 local time, as activated by NOTAM at least 24 hours in advance.

Controlling agency. FAA, Houston ARTCC.

Using agency. NASA, Director, Stennis Space Center, Bay St. Louis, MS.

R-4403C Stennis Space Center, MS [New]

Boundaries. Beginning at lat. 30°27′58″ N., long. 89°35′27″ W.; to lat. 30°22′35″ N., long. 89°35′27″ W.; to lat. 30°22′35″ N., long. 89°32′06″ W.; thence counterclockwise along a 4.2-NM arc centered at lat. 30°22′04″ N., long. 89°27′17″ W.; to lat. 30°20′28″ N., long. 89°31′46″ W.; to lat. 30°19′19″ N., long. 89°35′32″ W.; to lat. 30°18′23″ N., long. 89°40′17″ W.; to lat. 30°21′08″ N., long. 89°42′25″ W.; to lat. 30°22′22″ N., long. 89°42′58″ W.; to lat. 30°23′44″ N., long. 89°42′43″ W.; to lat. 30°26′40″ N., long. 89°40′51″ W.; thence counterclockwise along a 3-NM arc centered at lat. 30°29′15″ N., long. 89°39′04″ W.; to lat. 30°27′08″ N., long. 89°36′37″ W.; to the point of beginning.

Designated altitudes. Surface to 10,000 feet MSL.

Time of designation. Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 24 hours in advance; and 1800 to 2000 local time, November 1 to March 1, as activated by NOTAM at least 24 hours in advance, not to exceed 20 days per year.

Controlling agency. FAA, Houston ARTCC.

Using agency. U.S. Navy, Commander, Naval Special Warfare Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay St. Louis, MS.

R-4403E Stennis Space Center, MS [New]

Boundaries. Beginning at lat. 30°29′37″ N., long. 89°35′16″ W.; to lat. 30°29′37″ N., long. 89°32′33″ W.; thence clockwise along a 0.85M arc centered at lat. 30°28′46″ N., long. 89°32′33″ W.; to lat. 30°28′46″ N., long. 89°31′34″ W.; to lat. 30°26′25″ N., long. 89°31′34″ W.; to lat. 30°24′02″ N., long. 89°31′34″ W.; thence counterclockwise along a 4.2-NM arc centered at lat. 30°22′04″ N., long. 89°27′17″ W.; to lat. 30°22′35″ N., long. 89°32′06″ W.; to lat. 30°22′35″ N., long. 89°35′27″ W.; to lat. 30°27′58″ N., long. 89°35′27″ W,; to lat. 30°28′47″ N., long. 89°35′27″ W.; to the point of beginning.

Designated altitudes. Surface to 10,000 feet MSL.

Time of designation. Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 24 hours in advance; and 1800 to 2000 local time, November 1 to March 1, as activated by NOTAM at least 24 hours in advance, not to exceed 20 days per year.

Controlling agency. FAA, Houston ARTCC.

Using agency. U.S. Navy, Commander, Naval Special Warfare Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay St. Louis, MS.

R-4403F Stennis Space Center, MS [New]

Boundaries. Beginning at lat. 30°29′37″ N., long. 89°35′16″ W.; thence clockwise along a 2.5-NM arc centered at lat. 30°28′46″ N., long. 89°32′33″ W.; to lat. 30°26′25″ N., long. 89°31′34″ W.; to lat. 30°28′46″ N., long. 89°31′34″ W.; thence counterclockwise along a 0.85-NM arc centered at lat. 30°28′46″ N., long. 89°32′33″ W.; to lat. 30°29′37″ N., long. 89°32′33″ W.; to the point of beginning.

Designated altitudes. 4,000 feet MSL to 10,000 feet MSL.

Time of designation. Intermittent, 2000 to 0500 local time, as activated by NOTAM at least 24 hours in advance; and 1800 to 2000 local time, November 1 to March 1, as activated by NOTAM at least 24 hours in advance, not to exceed 20 days per year.

Controlling agency. FAA, Houston ARTCC.

Using agency. U.S. Navy, Commander, Naval Special Warfare Command, Naval Special Warfare N31 Branch, Stennis Space Center, Bay St. Louis, MS.

Issued in Washington, DC on March 23, 2016. Leslie M. Swann, Acting Manager, Airspace Policy Group.
[FR Doc. 2016-07055 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 540 Highly Enriched Uranium (HEU) Agreement Assets Control Regulations AGENCY:

Office of Foreign Assets Control, Treasury

ACTION:

Final rule.

SUMMARY:

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is removing from the Code of Federal Regulations the Highly Enriched Uranium (HEU) Agreement Assets Control Regulations as a result of the termination of the national emergency on which the regulations were based.

DATES:

Effective: March 29, 2016.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

This document and additional information concerning OFAC are available from OFAC's Web site (www.treasury.gov/ofac). Certain general information pertaining to OFAC's sanctions programs also is available via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-0077.

Background

On June 21, 2000, the President signed Executive Order 13159, “Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons” (E.O. 13159), finding that the risk of nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation constituted an unusual and extraordinary threat to the national security and foreign policy of the United States, and declaring a national emergency to deal with that threat. In E.O. 13159, the President ordered blocked the property and interests in property of the Russian Federation directly related to the implementation of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993, and related contracts and agreements (collectively, the “HEU Agreements”).

On July 25, 2001, OFAC issued the Highly Enriched Uranium (HEU) Agreement Assets Control Regulations, 31 CFR part 540 (the “Regulations”), as a final rule to implement Executive Order 13159.

On June 21, 2012, the national emergency declared in E.O. 13159 automatically terminated pursuant to section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d) (NEA).

On June 25, 2012, President Obama signed Executive Order 13617, “Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons” (E.O. 13617). In E.O. 13617, the President found that the risk of nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation constituted an unusual and extraordinary threat to the national security and foreign policy of the United States, and declared a new national emergency to deal with that threat. The President issued E.O. 13617 to continue to protect the same property and interests in property that had been blocked pursuant to the national emergency declared in E.O. 13159.

On May 26, 2015, the President issued Executive Order 13695, “Termination of Emergency With Respect to the Risk of Nuclear Proliferation Created by the Accumulation of a Large Volume of Weapons-Usable Fissile Material in the Territory of the Russian Federation” (E.O. 13695). In E.O. 13695, the President found that the situation that gave rise to the declaration of a national emergency in E.O. 13617 had been significantly altered by the successful implementation of the HEU Agreements. As a result, he terminated the national emergency declared in E.O. 13617 and revoked that order, noting that, pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of the national emergency shall not affect any action taken or proceeding pending that was not fully concluded or determined as of the date of E.O. 13695, any action or proceeding based on any act committed prior to such date, or any rights or duties that matured or penalties that were incurred prior to such date.

Accordingly, OFAC is removing the Regulations from the Code of Federal Regulations. Removal of this part does not affect ongoing enforcement proceedings or prevent the initiation of enforcement proceedings with respect to violations of the Regulations or of E.O. 13617 when they were in effect.

Public Participation

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

Paperwork Reduction Act

The Paperwork Reduction Act does not apply because this rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq.

List of Subjects in 31 CFR Part 540

Administrative practice and procedure, Blocking of assets, Government of the Russian Federation, HEU Agreement, Nuclear materials, Penalties, Reporting and recordkeeping requirements, Uranium.

For the reasons set forth in the preamble, and under the authority of 3 U.S.C. 301; 50 U.S.C. 1601-1651; E.O. 13159, 66 FR 39279, 3 CFR, 2001 Comp., p. 277; E.O. 13617, 77 FR 38459, 3 CFR, 2013 Comp., p. 217; E.O. 13695, 80 FR 30331, OFAC amends 31 CFR chapter V as follows:

PART 540—[REMOVED] 1. Remove part 540. Dated: March 22, 2016. John E. Smith, Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-06874 Filed 3-28-16; 8:45 am] BILLING CODE P
DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 635 [Docket No. USA-2010-0020] RIN 0702-AA62 Law Enforcement Reporting AGENCY:

Department of the Army, DoD.

ACTION:

Final rule.

SUMMARY:

This rule adopts as final, with minor administrative changes, an interim rule of the Department of the Army to amend its regulation concerning law enforcement reporting for a number of statutory requirements to better coordinate law enforcement work and personnel both within the Department of the Army, across the Department of Defense (DoD), and with other Federal, State, and local law enforcement officials. The Department of the Army is making minor administrative changes based on the name change of a form and reporting system mentioned in the rule. The Centralized Operations Police Suite (COPS) Military Police Reporting System (MPRS) name is changed to Army Law Enforcement Reporting and Tracking System (ALERTS). The Department of the Army Form 3975, “Military Police Report” name was changed to “Law Enforcement Report”.

DATES:

Effective April 28, 2016.

FOR FURTHER INFORMATION CONTACT:

Ms. Katherine Brennan, (703) 692-6721.

SUPPLEMENTARY INFORMATION:

On May 19, 2015, the Department of the Army published an interim rule in the Federal Register (80 FR 28545), as 32 CFR part 635, to amend its regulation concerning law enforcement reporting for a number of statutory requirements to better coordinate law enforcement work and personnel both within the Department of the Army, across DoD, and with other Federal, State, and local law enforcement officials.

The interim rule met law enforcement reporting requirements for selected criminal and national security incidents and provides law enforcement agencies, such as the Department of Homeland Security and Transportation Security Administration, with the most current information available. It also provided the Army chain of command with timely criminal information to respond to queries from the Department of Defense, the news media, and others. The rule established policies and procedures for offense and serious-incident reporting with the Army; for reporting to DoD and the Department of Justice, as appropriate; and for participating in the Federal Bureau of Investigation's National Crime Information Center, the Department of Justice's Criminal Justice Information System, the National Law Enforcement Telecommunications System, and State criminal justice systems. It also updated various reporting requirements described in various Federal statutes.

I. Public Comments

The publication of this rule finalizes the interim final rule published on May 19, 2015, and will ensure the Army is in compliance with multiple Department of Defense and Federal requirements. No comments were received on the interim rule; however, the Department of the Army is making minor administrative changes based on the name change of a form and reporting system mentioned in the rule.

II. Cost and Benefits

This rule will not have a monetary effect upon the public. This rule facilitates information sharing between authorized agencies to enhance protection of personnel and resources critical to DoD mission assurance.

III. Retrospective Review

The revisions to this rule will be reported in future status updates as part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

IV. Regulatory Procedures A. Regulatory Flexibility Act

The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

B. Unfunded Mandates Reform Act

The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more.

C. National Environmental Policy Act

The Department of the Army has determined that the National Environmental Policy Act does not apply because the rule does not have an adverse impact on the environment.

D. Paperwork Reduction Act

It has been certified that this rule does impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. OMB has approved these requirements under OMB Control Number 0702-0128.

E. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights)

The Department of the Army has determined that Executive Order 12630 does not apply because the rule does not impair private property rights.

F. Executive Order 12866 (Regulatory Planning and Review) and Executive Order 13563 (Improving Regulation and Regulatory Review)

The Department of the Army has determined that according to the criteria defined in Executive Order 12866 and Executive Order 13563 this rule is not a significant regulatory action.

G. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks)

The Department of the Army has determined that the criteria of Executive Order 13045 do not apply because this rule does not implement or require actions impacting environmental health and safety risks on children.

H. Executive Order 13132 (Federalism)

The Department of the Army has determined that the criteria of Executive Order 13132 do not apply because this rule will not have a substantial 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.

List of Subjects in 32 CFR Part 635

Crime, Law, Law enforcement, Law enforcement officers, Military law.

Thomas Blair, Chief, Law Enforcement Branch, Operations Division, Office of the Provost Marshal General, DA.

For reasons stated in the preamble the Department of the Army amends 32 CFR part 635 as follows:

PART 635—LAW ENFORCEMENT REPORTING 1. The authority citation for part 635 continues to read as follows: Authority:

28 U.S.C. 534, 42 U.S.C. 10601, 18 U.S.C. 922, 10 U.S.C. 1562, 10 U.S.C. Chap. 47, 42 U.S.C. 16901 et seq., 10 U.S.C. 1565, 42 U.S.C. 14135a.

§ 635.1 [Amended]
2. Amend § 635.1 by removing “MPR” and adding in its place “Law Enforcement Report”.
§ 635.3 [Amended]
3. Amend § 635.3 by removing “MPRs” and adding in its place “law enforcement reports” in paragraph (c) introductory text and paragraph (c)(2). 4. Amend § 635.5 by: a. Revising paragraph (b). b. Removing “COPS MPRS” and adding in its place “ALERTS” in paragraphs (d) and (e) introductory text. c. Removing “COPS MPRS” and adding in its place “ALERTS” in paragraph (e)(4) the first time it appears and removing “COPS MPRS system” and adding in its place “ALERTS” at the end of paragraph (e)(4).

The revision reads as follows:

§ 635.5 Name checks.

(b) Checks will be accomplished by a review of the Army's Law Enforcement Reporting and Tracking System (ALERTS). Information will be disseminated according to subpart B of this part.

5. Amend § 635.6 by: a. Removing “Department of the Army Form 3975” and adding in its place “Raw Data File” and removing “Army's Centralized Operations Police Suite (COPS)” and adding in its place “Army's Law Enforcement Reporting and Tracking System (ALERTS)” in paragraph (c). b. Revising paragraphs (e)(1) and (2).

The revisions read as follows:

§ 635.6 Registration of sex offenders on Army installations (inside and outside the Continental United States).

(e) * * *

(1) Complete a Raw Data File as an information entry into ALERTS.

(2) Ensure the sex offender produces either evidence of the qualifying conviction or the sex offender registration paperwork in order to complete the narrative with the state in which the sex offender was convicted, date of conviction, and results of conviction, to include length of time required to register and any specific court ordered restrictions.

§ 635.8 [Amended]

e. Amend § 635.8 by removing “MPR” and adding in its place “Law Enforcement Report” in paragraph (d)(3).

§ 635.17 [Amended]

f. Amend § 635.17 by removing “COPS” and adding in its place “ALERTS” in paragraph (b) introductory text.

[FR Doc. 2016-07054 Filed 3-28-16; 8:45 am] BILLING CODE 5001-03-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0230] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the University Bridge, mile 4.3, and the Montlake Bridge, mile 5.2, both crossing Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate the “Beat the Bridge” foot race event. This deviation allows the bridges to remain in the closed-to-navigation position to allow for the safe movement of event participants.

DATES:

This deviation is effective from 8 a.m. to 9:30 a.m. on May 15, 2016.

ADDRESSES:

The docket for this deviation, [USCG-2016-0230] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

SUPPLEMENTARY INFORMATION:

The Seattle Department of Transportation requested a temporary deviation from the operating schedule for the University Bridge, mile 4.3, and the Montlake Bridge, mile 5.2, both crossing Lake Washington Ship Canal at Seattle, WA, to facilitate safe passage of participants in the “Beat the Bridge” foot race. The University Bridge provides a vertical clearance of 30 feet in the closed-to-navigation position. The Montlake Bridge provides 30 feet of vertical clearance in the closed-to-navigation position throughout the navigation channel, and 46 feet of vertical clearance in the closed-to-navigation position throughout the center 60 feet of the bridge. Vertical clearances are referenced to the Mean Water Level of Lake Washington. The normal operating schedule for both the University Bridge and Montlake Bridge is in 33 CFR 117.1051. During this deviation period, the University Bridge, mile 4.3, need not open to marine vessels from 8 a.m. to 9:30 a.m. on May 15, 2016. The Montlake Bridge, mile 5.2, need not open to marine vessels from 8:15 a.m. to 8:45 a.m. on May 15, 2016. Waterway usage on Lake Washington Ship Canal ranges from commercial tug and barge to small pleasure craft.

Vessels able to pass through the bridges in the closed positions may do so at any time. Both bridges will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation.

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

Dated: March 23, 2016. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-07011 Filed 3-28-16; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0229] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY:

Coast Guard, DHS.

ACTION:

Notice of deviation from drawbridge regulation.

SUMMARY:

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, both crossing the Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate the Brooks Trailhead 10K & 15K foot race event. This deviation allows the bridges to remain in the closed-to-navigation position to allow for the safe movement of event participants.

DATES:

This deviation is effective from 8 a.m. to 10 a.m. on May 22, 2016.

ADDRESSES:

The docket for this deviation, [USCG-2016-0229] is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

SUPPLEMENTARY INFORMATION:

The Seattle Department of Transportation requested a temporary deviation from the operating schedule for the Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, both crossing the Lake Washington Ship Canal at Seattle, WA, to facilitate safe passage of participants in the Brooks Trailhead 10K & 15K foot race event. The Fremont Bridge provides a vertical clearance of 14 feet (31 feet of vertical clearance for the center 36 horizontal feet) in the closed-to-navigation position. The University Bridge provides a vertical clearance of 30 feet in the closed-to-navigation position. Both bridge clearances are referenced to the mean water elevation of Lake Washington. The normal operating schedule for both the Fremont Bridge and the University Bridge is in 33 CFR 117.1051. During this deviation period, the Fremont Bridge, mile 2.6, need not open to marine vessels from 8:15 a.m. to 10 a.m. on May 22, 2016. The University Bridge, mile 4.3, need not open to marine vessel from 8 a.m. to 8:30 a.m. on May 22, 2016. Waterway usage on the Lake Washington Ship Canal ranges from commercial tug and barge to small pleasure craft.

Vessels able to pass through the bridges in the closed-to-navigation positions may do so at any time. Both bridges will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

In accordance with 33 CFR 117.35(e), both drawbridges must return to their regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35.

Dated: March 23, 2016. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-07010 Filed 3-28-16; 8:45 am] BILLING CODE 9110-04-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0022] RIN 1625-AA-08 Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone for certain waters of the Cooper River and Town Creek Reaches in Charleston, South Carolina during the Cooper River Bridge Run on April 2, 2016 from 7:30 a.m. to 10:30 a.m. The Cooper River Bridge Run is a 10-K run across the Arthur Ravenel Bridge. The safety zone is necessary for the safety of the runners and the general public during this event. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

DATES:

This rule is effective from 7:30 a.m. to 10:30 a.m. on April 2, 2016.

ADDRESSES:

To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2016-0022 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]

SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History

The purpose of the rule is to ensure the safety of the runners, and the general public during the scheduled event. The Coast Guard published a notice of proposed rulemaking titled Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this Safety Zone. During the comment period that ended February 26, 2016, we received no comments.

We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. It is impracticable to publish notice of this regulation at least 30 days before the effective date because the Coast Guard did not receive the proper information with enough advance time to effectively publish both the NPRM and notice of this regulation. The Coast Guard received no comments on the NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists to make this rule effective less than 30 days after publication in the Federal Register because any delay in the effective date of this rule would be impracticable and contrary to the public interest. Immediate action is needed to minimize potential danger to the public during the date of the event.

III. Legal Authority and Need for Rule

The legal basis for this rule is the Coast Guard's authority to establish regulated safety zones and other limited access areas: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 0170. The purpose of the rule is to ensure the safety of the runners, and the general public during the Cooper River Bridge Run.

IV. Discussion of Comments, Changes, and the Rule

As noted above, we received no comments on our NPRM published February 11, 2016. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

This rule establishes a safety zone on the waters of the Cooper River and Town Creek Reaches in Charleston, South Carolina during the Cooper River Bridge Run. The race is scheduled to take place from 7:30 a.m. to 10:30 a.m. on April 2, 2016. Approximately 40,000 runners are anticipated to participate in the race. Persons and vessels desiring to enter, transit through, anchor in, or remain within the safety zone may contact the Captain of the Port Charleston by telephone at (843) 740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

V. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O.13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.

The economic impact of this rule is not significant for the following reasons: (1) The safety zone will only be enforced for a total of three hours; (2) although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port Charleston or a designated representative, they may operate in the surrounding area during the enforcement period; and (3) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and Broadcast Notice to Mariners.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received 0 comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: the owner or operators of vessels intending to enter, transit through, anchor in, or remain within the regulated area during the enforcement period. For the reasons discussed in Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order13132.

Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

F. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone prohibiting vessel traffic from a limited area surrounding the Cooper River Bridge on the waters of the Cooper River and Town Creek Reaches for a 3 hour period. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. Add a temporary § 165.35T07-0022 to read as follows:
§ 165.T07-0022 Safety Zone; Cooper River Bridge Run, Charleston, SC.

(a) Location. All waters of the Cooper River, and Town Creek Reaches encompassed within the following points: 32°48′32″ N./079°56′08″ W., 32°48′20″ N./079°54′20″ W., 32°47′20″ N./079°54′29″ W., 32°47′20″ N./079°55′28″ W.

(b) Definition. The term “designated representative” means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated areas.

(c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative.

(2) Persons and vessels desiring to enter, transit through, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843-740-7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative.

(3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives.

(d) Enforcement period. This rule will be enforced from 7:30 a.m. until 10:30 a.m. on April 2, 2016.

Dated: March 18, 2016. G.L. Tomasulo, Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-06972 Filed 3-28-16; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0552; FRL-9943-40-Region9] Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District and South Coast Air Quality Management District AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX) from fan-driven natural-gas-fired central furnaces for residences and businesses. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act).

DATES:

These rules will be effective on April 28, 2016.

ADDRESSES:

The EPA has established docket number EPA-R09-OAR-2015-0552 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (CBI)). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Kevin Gong, EPA Region IX, (415) 972 3073, [email protected]

SUPPLEMENTARY INFORMATION:

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

Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action

On November 7, 2015 in 80 FR 68484, the EPA proposed to approve the following rules into the California SIP.

Local agency Rule No. Rule title Amended Submitted SJVUAPCD 4905 Natural-Gas-Fired, Fan-Type Central Furnaces 01/22/15 04/07/15 SCAQMD 1111 Reduction of NOX Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces 09/05/14 04/07/15

We proposed to approve these rule because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

The EPA's proposed action provided a 30-day public comment period. On December 7, 2015, we received two emails from Harvey Eder representing the Public Solar Power Coalition (PSPC). One email included the subject line, “FW: docket ID EPA-R09-2015-0552, Can,t Email You Again All of The Record from me HE/PSPC inc. into record by reference from 6/2014 etc. to today SC PM 2.5 SC SIP EPA-R09-OAR-2015-0204 to Extreme.” The second email included the subject line, “FW: Part 3 of 3 there may be a Part 4/This isDocut ID EPA-R09-OAR-2015-0552, emissions of NOX from fan-driven natural-gas-firedd furnaces for res & business SCD R1111/SJV 4905 +FRL-9936-70-Region 9 (pt 1 & 2 also Inc This etc. Incorporate allfrom . . .” We received an additional email from PSPC on December 9, 2015 labeled as “part 1 of 3,” after the close of the comment period. We have summarized below the substance of the emailed comments from PSPC to the extent possible. The comments and our responses are as follows:

Comment #1: PSPC listed several external sources in reference to our proposal. These included the following: Documents attributed to a California Superior Court case where PSPC was a plaintiff against the SCAQMD; references to information attributed to the International Energy Agency and the California Governor's Office of Planning and Research; documents previously submitted for comment in other EPA dockets (including EPA-R09-OAR-2015-0204); communications with local and federal officials; and Santa Cruz County and Los Angeles County planning documents. None of these documents were summarized or provided as attachments to comments on docket EPA-R09-OAR-2015-0552.

Response #1: In PSPC's emails to the EPA, PSPC did not provide attachments or provide source materials supporting its claims. The emails attempted to incorporate by reference various news articles, reports, and other documents in support of PSPC's stated claims and assertions (see additional discussion in Comments #2 and #3). However, such a practice is in violation of EPA's commenting guidelines, available at http://www.epa.gov/dockets/commenting-epa-dockets#rules. In particular, the comments do not comply with the restriction that “EPA will not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system).” 1

1 United States Environmental Protection Agency. “Commenting on EPA Dockets—Rules and Restrictions.” Last updated December 21, 2015. http://www.epa.gov/dockets/commenting-epa-dockets.

Moreover, submitting general documents on a topic fails to raise any particular issue with reasonable specificity as required by the Clean Air Act and the Administrative Procedures Act. See generally Mossville Envtl. Action Now v. EPA, 370 F.3d 1232, 1238 (D.C. Cir. 2004) (“Petitioners also point to a sentence in the letter requesting the EPA to use `all reasonably available data, including the data provided under Subpart F.' Petitioners' argument that, because Subpart F contains data for both the ten and 400 ppm standards, the EPA was on notice fails for the same reasons as articulated above.”) Therefore, EPA is not making any changes to our proposed approval on the basis of this comment.

Comment #2: PSPC commented that a range of solar-related technologies, including solar seasonal heating, concentrating solar, and photovoltaic-powered heating and cooling systems are an alternative to natural gas-fired home furnaces that are subject to this rule. PSPC claims that the EPA should consider such technologies as RACT for space heating applications that are currently being fulfilled by furnaces.

Response #2: The EPA can identify no CAA requirement in PSPC's comment emails that would require the consideration of solar-based technologies as RACT in this context, as all natural gas-fired fan-driven furnaces subject to these rules do not meet the major source threshold triggering a RACT requirement for ozone. The SIP must still implement all RACM/RACT for NOX, but these requirements are generally evaluated in the context of a broader RACM/RACT assessment. Furthermore, the revisions to South Coast Rule 1111 that are the subject of this action do not include any substantive revisions concerning control technologies or emission limits that PSPC's comment would be germane to.

Comment #3: PSPC made several additional claims including: The solar technologies as described would be RACT for other source categories, including boilers and heaters not subject to the rules in this action; and water tank-based solar seasonal storage heating has secondary use in firefighting and public safety applications following earthquakes.

Response #3: These claims are not relevant to our analysis of the approval of the rules and we are finalizing our proposed approval without change.

III. EPA Action

No comments were submitted that change our assessment of the rules as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the California SIP.

IV. Incorporation by Reference

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

V. Statutory and Executive Order Reviews

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

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

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

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

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 31, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

Dated: February 4, 2016. Jared Blumenfeld, Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows:

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

42 U.S.C. 7401 et seq.

Subpart F—California
2. Section 52.220 is amended by adding paragraphs (c)(344)(i)(C)(2), (c)(379)(i)(A)(6), (c)(461)(i)(C)(2) and (c)(461)(i)(D) to read as follows:
§ 52.220 Identification of plan.

(c) * * *

(344) * * *

(i) * * *

(C) * * *

(2) Previously approved on May 30, 2007 in paragraph (c)(344)(i)(C)(1) of this section and now deleted with replacement in paragraph (c)(461)(i)(D)(1), Rule 4905, “Natural-Gas-Fired Fan-Type Central Furnaces,” adopted on October 20, 2005.

(379) * * *

(i) * * *

(A) * * *

(6) Previously approved on August 4, 2010 in paragraph (c)(379)(i)(A)(3) of this section and now deleted with replacement in paragraph (c)(461)(i)(C)(2), Rule 1111, “Reduction of NOX Emissions from Natural-Gas-Fired Fan-Type Central Furnaces,” amended on November 6, 2009.

(461) * * *

(i) * * *

(C) * * *

(2) Rule 1111, “Reduction of NOX Emissions From Natural-Gas-Fired, Fan-Type Central Furnaces,” amended September 5, 2014.

(D) San Joaquin Valley Unified Air Pollution Control District.

(1) Rule 4905, “Natural-Gas-Fired, Fan-Type Central Furnaces,” amended January 22, 2015.

[FR Doc. 2016-06962 Filed 3-28-16; 8:45 am] BILLING CODE 6560-50-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 711 [EPA-HQ-OPPT-2014-0809; FRL-9941-19] Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

EPA is amending the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule. EPA has determined that, based on the totality of information available on the chemical substances listed in this final rule, there is a low current interest in their CDR processing and use information. EPA reached this conclusion after considering a number of factors, including the risk of adverse human health or environmental effects, information needs for CDR processing and use information, and the availability of other sources of comparable processing and use information.

DATES:

This final rule is effective March 29, 2016.

ADDRESSES:

The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2014-0809, is available at http://www.regulations.gov or 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.

FOR FURTHER INFORMATION CONTACT:

For technical information contact: Christina Thompson, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-0983; 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. Does this action apply to me?

You may be potentially affected by this action if you manufacture (defined by statute at 15 U.S.C. 2602(7) to include import) the chemical substances contained in this rule. The North American Industrial Classification System (NAICS) codes provided here are not intended to be exhaustive, but rather provide a guide to help readers determine whether this document applies to them. Potentially affected entities may include chemical manufacturers subject to CDR reporting of one or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries.

II. Background A. What action is the agency taking?

This partial exemption eliminates an existing reporting requirement under 40 CFR 711.6(b)(2). EPA is adding the following chemical substances to the list of chemical substances that are exempt from reporting the information described in 40 CFR 711.15(b)(4): Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (Chemical Abstract Services Registry Number (CASRN) 67762-26-9); fatty acids, C16-18 and C-18 unsaturated, methyl esters (CASRN 67762-38-3); fatty acids, canola oil, methyl esters (CASRN 129828-16-6); fatty acids, corn oil, methyl esters (CASRN 515152-40-6); fatty acids, tallow, methyl esters (CASRN 61788-61-2); and soybean oil, methyl esters (CASRN 67784-80-9). However, by existing terms at 40 CFR 711.6, this partial exemption will become inapplicable to a subject chemical substance in the event that the chemical substance later becomes the subject of a rule proposed or promulgated under section 4, 5(a)(2), 5(b)(4), or 6 of the Toxic Substances Control Act (TSCA); an enforceable consent agreement (ECA) developed under the procedures of 40 CFR part 790; an order issued under TSCA section 5(e) or 5(f); or relief that has been granted under a civil action under TSCA section 5 or 7.

In the January 27, 2015 Federal Register (80 FR 4482)(FRL-9921-56), EPA published a direct final rule to add these six chemical substances to the list of chemical substances that are partially exempt from reporting additional information under the CDR rule. EPA received one adverse comment that was pertinent to all six of the chemical substances that were the subject of that direct final rule. In accordance with the procedures described in the January 27, 2015 Federal Register document, EPA withdrew the direct final rule, and subsequently proposed to add the six chemical substances to the list of chemical substances that are partially exempt from reporting additional information under the CDR rule in the July 22, 2015 Federal Register (80 FR 43383) (FRL-9928-99). EPA received one comment on the proposed rule. Before taking final action, EPA considered both the comment it received in response to the direct final rule and the comment it received in response to the proposed rule. A full discussion of EPA's responses to these comments is included in Unit V. of this document.

B. What is the agency's authority for taking this action?

This action is finalized under the authority of TSCA, 15 U.S.C. 2600 et seq., to carry out the provisions of section 8(a), 15 U.S.C. 2607(a). TSCA section 8(a) authorizes EPA to promulgate rules under which manufacturers of chemical substances and mixtures must submit such information as the Agency may reasonably require. The partial exemption list was established in 2003 (Ref. 1) and can be found in 40 CFR 711.6.

Consistent with section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553, EPA is finalizing this action based on public notice and opportunity to comment afforded by the July 22, 2015 proposed rule. Under section 553(d)(1) of the APA, the Agency may make a rule immediately effective “which grants or recognizes an exemption or relieves a restriction.” EPA has determined that this action “relieves a restriction” by creating a partial exemption from CDR reporting, without creating any new reporting or recordkeeping requirements, and that this action will be effective immediately upon publication in the Federal Register.

C. Why is the agency taking this action?

This rule is in response to a petition EPA received for these chemical substances (Refs. 2 and 3) submitted under 40 CFR 711.6(b)(2)(iii)(A). EPA reviewed the information put forward in the petition and additional information against the considerations listed at 40 CFR 711.6(b)(2)(ii). EPA's chemical substance-specific analysis is detailed in supplementary documents available in the docket under docket ID number EPA-HQ-OPPT-2014-0809 (Refs. 4, 5, 6, 7, 8, and 9). The Agency is adding these chemical substances to the partially exempt chemical substances list because it has concluded that, based on the totality of information available, the CDR processing and use information for these chemical substances is of low current interest.

D. What are the impacts of this action?

There are no costs associated with this action and the benefits provided would be related to avoiding potential costs. This partial exemption eliminates an existing reporting requirement without imposing any new requirements. See also the discussion in Unit VI.

III. Petition Process and “Low Current Interest” Partial Exemption

In 2003 (Ref. 1), EPA established a partial exemption for certain chemical substances for which EPA determined the processing and use information required in 40 CFR part 711 to be of “low current interest.” That provision establishes a particular procedure whereby the public may petition EPA to add or remove a chemical substance to or from the list of partially exempt chemical substances. In determining whether the partial exemption should apply to a particular chemical substance, EPA considers the totality of information available for the chemical substance in question, including but not limited to information associated with one or more of the considerations listed at 40 CFR 711.6(b)(2)(ii).

The addition of a chemical substance under this partial exemption will not necessarily be based on its potential risks. The addition is based on the Agency's current assessment of the need for collecting CDR processing and use information for that chemical substance, based upon the totality of information available during the petition review process. Additionally, interest in a chemical substance or a chemical substance's processing and use information may increase in the future, at which time EPA will reconsider the applicability of a partial exemption for a chemical substance.

IV. Rationale for These Partial Exemptions

EPA is granting a partial exemption for: Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (CASRN 67762-26-9); fatty acids, C16-18 and C-18 unsaturated, methyl esters (CASRN 67762-38-3); fatty acids, canola oil, methyl esters (CASRN 129828-16-6); fatty acids, corn oil, methyl esters (CASRN 515152-40-6); fatty acids, tallow, methyl esters (CASRN 61788-61-2); and soybean oil, methyl esters (CASRN 67784-80-9) because the Agency has concluded it has low current interest in the processing and use information for these chemical substances. EPA made these determinations based on its analysis of the totality of information available on the six chemical substances, including information about the chemical substances relevant to the considerations defined at 40 CFR 711.6(b)(2)(ii). EPA's chemical substance-specific analysis is detailed in supplementary documents available in the docket under docket ID number EPA-HQ-OPPT-2014-0809 (Refs. 4, 5, 6, 7, 8, and 9).

V. Response to Comment

The Agency reviewed and considered both comments received related to the direct final rule and the proposed rule.

Comment 1: The commenter states that methyl esters can degrade to methanol, and provides references to support this statement. The commenter questioned how the possible existence of methanol from methyl esters can be ignored as “a hazard for human health and the environment.”

EPA Response: EPA is aware that some methanol may be formed when methyl esters degrade. However, under both aerobic and anaerobic conditions, such methanol is itself rapidly degraded (Ref. 10). Therefore, EPA does not expect exposure to methanol from use of the six biofuels included in this petition for partial exemption. Note also that the inclusion of a chemical substance under this partial exemption is not a determination on the potential risks of a chemical substance. Rather, it is a determination that there is a low current interest in CDR processing and use information for that substance. Hazard alone is not determinative of the level of interest in such information. Other pertinent factors include the information needs of various parties and the current availability of comparable processing and use information. The commenter did not assert that he had a particular need for additional CDR information about the processing and use of these chemical substances. Nor did he dispute EPA's characterization of the currently available processing and use information. If the level of interest in the CDR processing and use information for any listed chemical substance were to change after final listing, EPA may reevaluate the listing decision and pursue amendment of the listing as appropriate.

Comment 2: The Biobased and Renewable Advocacy Group (BRAG), the group that submitted the petitions to EPA for these chemical substances, submitted a comment on the proposed rule in support of adding these chemical substances to the list at 40 CFR 711.6(b)(2)(iv). BRAG's comment stated that these chemical substances should be treated similarly to the petroleum products included in 40 CFR 711.6(b)(1) due to the conditions of manufacture and the properties and uses of the substances. The commenter also notes that based on the considerations listed at 40 CFR 711.6(b)(2)(ii) “a partial reporting exemption does not require that EPA determine that an affected substance poses neither hazard nor toxicity.”

EPA Response: This partial exemption decision is based on the considerations described under 40 CFR 711.6(b)(2)(ii). EPA has made no determination whether any of the six chemical substances should be, as the commenter BRAG suggested, treated similarly to the petroleum products included in 40 CFR 711.6(b)(1) due to the conditions of manufacture and the properties and uses of the substances. This latter issue is moot because equivalent partial exemptions are being granted under 40 CFR 711.6(b)(2)(ii).

EPA agrees that in this action it is not making a determination of the potential risks of the six chemical substances.

VI. Economic Impacts

EPA has evaluated the economic consequences associated with amending the CDR partially exempt chemical substances list. Since this final rule creates a partial exemption from CDR reporting, without creating any new reporting or recordkeeping requirements, this action does not impose any new burden. Based on the currently approved Information Collection Request (ICR), the burden estimates for reporting processing and use information total 65.63 hours with an associated cost of $4,367 per submission. Based on 2012 CDR reporting, EPA estimates that 61 submissions with manufacture volumes of 25,000 pounds or greater will be received for these chemical substances in 2016 and subsequent reporting years.

Eliminating the requirement to report processing and use information for these submissions results in a total burden savings of approximately 4,003 hours and $266,387 in future reporting cycles (Ref. 11).

VII. References

The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. TSCA Inventory Update Rule Amendments; Final Rule. Federal Register (68 FR 848, January 7, 2003) (FRL-6767-4). 2. Letter from Biobased and Renewable Products Advocacy Group, to EPA, OPPT CDR Submission Coordinator, October 21, 2014. Docket ID number EPA-HQ-OPPT-2014-0809, regarding request for exemption of biodiesel products. 3. Letter from Biobased and Renewable Products Advocacy Group, to EPA, OPPT CDR Submission Coordinator, November 5, 2014. Docket ID number EPA-HQ-OPPT-2014-0809, supplement to request for exemption of biodiesel products. 4. EPA, OPPT. Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (CASRN 67762-26-9) Partial Exemption Analysis. December 2014. 5. EPA, OPPT. Fatty acids, C16-18 and C-18 unsaturated, methyl esters (CASRN 67762-38-3) Partial Exemption Analysis. December 2014. 6. EPA, OPPT. Fatty acids, canola oil, methyl esters (CASRN 129828-16-6) Partial Exemption Analysis. December 2014. 7. EPA, OPPT. Fatty acids, corn oil, methyl esters (CASRN 515152-40-6) Partial Exemption Analysis. December 2014. 8. EPA, OPPT. Fatty acids, tallow, methyl esters (CASRN 61788-61-2) Partial Exemption Analysis. December 2014. 9. EPA, OPPT. Soybean oil, methyl esters (CASRN 67784-80-9) Partial Exemption Analysis. December 2014. 10. OECD (Organization for Economic Co-operation and Development). 2004. SIDS (Screening Information Data Set) Initial Assessment Report: Methanol. SIAM 19. Berlin, Germany, 18-20 October, 2004. 11. EPA, OPPT. Cost Savings Estimate of Adding Six Chemicals to the 40 CFR 711.6(b)(2)(iv) List of Chemical Substances. December 2015. VIII. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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 under Executive Orders 12866, October 4, 1993 (58 FR 51735) and 13563, January 21, 2011 (76 FR 3821).

B. Paperwork Reduction Act (PRA)

This action does not impose any new information collection requirements that would require additional review or approval by OMB under the PRA, 44 U.S.C. 3501 et seq.

The information collection requirements related to CDR have already been approved by OMB pursuant to the PRA under OMB control number 2070-0162 (EPA ICR No. 1884.08). Since this action creates a partial exemption from that reporting, without creating any new reporting or recordkeeping requirements, this action does not impose any new burdens that require additional OMB approval.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule has no net burden effect or otherwise has a positive economic effect on the small entities subject to the rule.

As indicated previously, EPA is eliminating an existing reporting requirement for the chemical identified in this document. In granting a partial exemption from existing reporting, this final rule does not have a significant economic impact on any affected entities, regardless of their size.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. In granting a partial exemption from existing reporting, this action imposes no new enforceable duty on any State, local or tribal governments, or on the private sector. In addition, based on EPA's experience with chemical data reporting under TSCA, State, local, and Tribal governments are not engaged in the activities that would require them to report chemical data under 40 CFR part 711. Accordingly, this action is not subject to the requirements of UMRA, 2 U.S.C. 1501 et seq.

E. Executive Order 13132: Federalism

This action does not have federalism implications as specified in Executive Order 13132, August 10, 1999 (64 FR 43255). It will not have substantial direct effects on 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. Thus, Executive Order 13132 does not apply to this action.

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

This action does not have Tribal implications as specified in Executive Order 13175, November 9, 2000 (65 FR 67249). This action will not have any effect on Tribal governments, on the relationship between the Federal Government and the Indian Tribes, on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Thus Executive Order 13175 does not apply to this action.

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

EPA interprets Executive Order 13045, April 23, 1997 (62 FR 19885) as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

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

This action is not subject to Executive Order 13211, May 22, 2001 (66 FR 28355), because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

This action does not involve any technical standards that would require the consideration of voluntary consensus standards pursuant to NTTAA section 12(d), 15 U.S.C. 272 note.

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

This action does not involve special considerations of environmental justice related issues as specified in Executive Order 12898, February 16, 1994 (59 FR 7629). This action does not address human health or environmental risks or otherwise have any disproportionate high and adverse human health or environmental effects on minority or low-income or indigenous populations.

IX. Congressional Review Act (CRA)

This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major” rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements.

Dated: March 22, 2016. Wendy C. Hamnett, Director, Office of Pollution Prevention and Toxics.

Therefore, 40 CFR chapter I is amended as follows:

PART 711—[AMENDED] 1. The authority citation for part 711 continues to read as follows: Authority:

15 U.S.C. 2607(a).

2. In § 711.6, add in numerical order by CASRN number the following entries to Table 2 in paragraph (b)(2)(iv).
§ 711.6 Chemical substances for which information is not required.

(b) * * *

(2) * * *

(iv) * * *

Table 2—CASRN of Partially Exempt Chemical Substances CASRN Chemical *         *         *         *         *         *         * 61788-61-2 Fatty acids, tallow, methyl esters. *         *         *         *         *         *         * 67762-26-9 Fatty acids, C14-18 and C16-18 unsaturated, methyl esters. 67762-38-3 Fatty acids, C16-18 and C-18 unsaturated, methyl esters. 67784-80-9 Soybean oil, methyl esters. *         *         *         *         *         *         * 129828-16-6 Fatty acids, canola oil, methyl esters. 515152-40-6 Fatty acids, corn oil, methyl esters.
[FR Doc. 2016-07086 Filed 3-28-16; 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-8427] 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 offlood insurance in community
  • Current effective
  • map date
  • Date certain
  • Federal
  • assistance no
  • longer available
  • in SFHAs
  • Region IV Alabama: Ariton, Town of, Dale County 010411 N/A, Emerg; January 30, 2008, Reg; May 2, 2016, Susp May 2, 2016 May 2, 2016 Clayhatchee, Town of, Dale County 010415 January 6, 1995, Emerg; August 16, 2007, Reg; May 2, 2016, Susp ......do   Do. Coffee County, Unincorporated Areas 010239 March 27, 1990, Emerg; December 5, 1990, Reg; May 2, 2016, Susp ......do   Do. Coffee Springs, Town of, Geneva County 010408 N/A, Emerg; November 1, 2010, Reg; May 2, 2016, Susp ......do   Do. Dale County, Unincorporated Areas 010060 September 10, 1975, Emerg; July 4, 1989, Reg; May 2, 2016, Susp ......do   Do. Daleville, City of, Dale County 010061 April 11, 1975, Emerg; September 4, 1985, Reg; May 2, 2016, Susp ......do   Do. Enterprise, City of, Coffee and Dale Counties 010045 February 21, 1975, Emerg; July 2, 1980, Reg; May 2, 2016, Susp ......do   Do. Geneva, City of, Geneva County 010085 March 6, 1975, Emerg; July 2, 1980, Reg; May 2, 2016, Susp ......do   Do. Geneva County, Unincorporated Areas 010258 April 17, 1990, Emerg; May 1, 1995, Reg; May 2, 2016, Susp ......do   Do. Hartford, City of, Geneva County 010086 April 23, 1975, Emerg; July 22, 1977, Reg; May 2, 2016, Susp ......do   Do. Houston County, Unincorporated Areas 010098 June 25, 1975, Emerg; September 29, 1989, Reg; May 2, 2016, Susp ......do   Do. Level Plains, City of, Dale County 010416 N/A, Emerg; July 17, 2003, Reg; May 2, 2016, Susp ......do   Do. Malvern, Town of, Geneva County 010087 September 16, 1975, Emerg; February 24, 1978, Reg; May 2, 2016, Susp ......do   Do. Midland City, City of, Dale County 010248 October 29, 1976, Emerg; August 5, 1986, Reg; May 2, 2016, Susp ......do   Do. New Brockton, Town of, Coffee County 010238 January 12, 1976, Emerg; July 22, 1977, Reg; May 2, 2016, Susp ......do   Do. Newton, Town of, Dale County 010419 June 20, 1990, Emerg; July 5, 1993, Reg; May 2, 2016, Susp ......do   Do. Ozark, City of, Dale County 010062 April 17, 1975, Emerg; August 5, 1985, Reg; May 2, 2016, Susp ......do   Do. Pinckard, Town of, Dale County 010249 December 8, 1976, Emerg; September 4, 1985, Reg; May 2, 2016, Susp ......do   Do. Samson, City of, Geneva County 010088 May 5, 1975, Emerg; June 17, 1977, Reg; May 2, 2016, Susp ......do   Do. Slocomb, City of, Geneva County 010089 May 21, 1975, Emerg; December 16, 1977, Reg; May 2, 2016, Susp ......do   Do. Region VI New Mexico: Magdalena, Village of, Socorro County 350076 November 15, 2007, Emerg; N/A, Reg; May 2, 2016, Susp ......do   Do. Socorro, City of, Socorro County 350077 February 27, 1975, Emerg; May 17, 1988, Reg; May 2, 2016, Susp ......do   Do. Socorro County, Unincorporated Areas 350075 N/A, Emerg; August 28, 2008, Reg; May 2, 2016, Susp ......do   Do. Region VII Iowa: Audubon, City of, Audubon County 190011 September 4, 1974, Emerg; August 15, 1979, Reg; May 2, 2016, Susp ......do   Do. Brayton, City of, Audubon County 190920 June 9, 1975, Emerg; August 19, 1985, Reg; May 2, 2016, Susp ......do   Do. Exira, City of, Audubon County 190013 July 25, 1975, Emerg; September 18, 1985, Reg; May 2, 2016, Susp ......do   Do. Grant, City of, Montgomery County 190466 May 5, 2008, Emerg; May 1, 2011, Reg; May 2, 2016, Susp ......do   Do. Gray, City of, Audubon County 190318 January 10, 1997, Emerg; September 4, 2003, Reg; May 2, 2016, Susp ......do   Do. Kimballton, City of, Audubon County 190014 April 8, 1975, Emerg; September 1, 1986, Reg; May 2, 2016, Susp ......do   Do. Red Oak, City of, Montgomery County 190210 August 22, 1974, Emerg; August 3, 1981, Reg; May 2, 2016, Susp ......do   Do. Villisica, City of, Montgomery County 190468 October 31, 2000, Emerg; May 1, 2011, Reg; May 2, 2016, Susp ......do   Do. Nebraska: Gage County, Unincorporated Areas 310088 July 27, 1984, Emerg; May 1, 1990, Reg; May 2, 2016, Susp ......do   Do. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Dated: March 16, 2016. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-06977 Filed 3-28-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 223 [Docket No. 141219999-6207-02] RIN 0648-XD681 Endangered and Threatened Wildlife and Plants; Final Rule To List the Tanzanian DPS of African Coelacanth (Latimeria chalumnae) as Threatened Under the Endangered Species Act AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We, NMFS, issue a final rule to list the Tanzanian Distinct Population Segment (DPS) of African coelacanth (Latimeria chalumnae) as a threatened species under the Endangered Species Act (ESA). We will not designate critical habitat for this species because the geographical areas occupied by the species are entirely outside U.S. jurisdiction, and we have not identified any unoccupied areas within U.S. jurisdiction that are essential to the conservation of the species.

    DATES:

    This final rule is effective April 28, 2016.

    ADDRESSES:

    Chief, Endangered Species Division, NMFS Office of Protected Resources (F/PR3), 1315 East-West Highway, Silver Spring, MD 20910, USA.

    FOR FURTHER INFORMATION CONTACT:

    Chelsey Young, NMFS, Office of Protected Resources, (301) 427-8491.

    SUPPLEMENTARY INFORMATION:

    Background

    On July 15, 2013, we received a petition from WildEarth Guardians to list 81 marine species as threatened or endangered under the Endangered Species Act (ESA). We found that the petitioned actions may be warranted for 27 of the 81 species, including the African coelacanth, and announced the initiation of status reviews for each of the 27 species (78 FR 63941, October 25, 2013; 78 FR 66675, November 6, 2013; 78 FR 69376, November 19, 2013; 79 FR 9880, February 21, 2014; and 79 FR 10104, February 24, 2014). Following the positive 90-day finding, we conducted a comprehensive status review of the African coelacanth. A “status review report” (Whittaker, 2014) was produced and used as the basis of 12-month finding determination and proposed rule. Please refer to our Web site (http://www.nmfs.noaa.gov/pr/species/fish/coelacanth.html) for access to the status review report, which details African coelacanth biology, ecology, and habitat, the DPS determination, past, present, and future potential risk factors, and overall extinction risk. On March 3, 2015, we published a proposed rule to list the Tanzanian DPS of African coelacanth (L. chalumnae) as a threatened species (80 FR 11363) and solicited comments from all interested parties including the public, other governmental agencies, the scientific community, industry, and environmental groups.

    ESA Statutory Provisions, Regulations, and Policy Considerations

    As the designee of the Secretary of Commerce, we are responsible for determining whether marine and anadromous species are threatened or endangered under the ESA (16 U.S.C. 1531 et seq.). To make this determination, we consider first whether a group of organisms constitutes a “species” under the ESA, then whether the status of the species qualifies it for listing as either threatened or endangered. Section 3 of the ESA defines a “species” to include “any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” 16 U.S.C. 1532(16).

    Section 3 of the ESA also defines an endangered species as “any species which is in danger of extinction throughout all or a significant portion of its range” and a threatened species as one “which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” 16 U.S.C. 1632(6); (20). We interpret an “endangered species” to be one that is presently in danger of extinction. A “threatened species,” on the other hand, is not presently in danger of extinction, but is likely to become so in the “foreseeable future” (that is, at a later time). In other words, the primary statutory difference between a threatened and endangered species is the timing of when a species may be in danger of extinction, either presently (endangered) or in the foreseeable future (threatened). The duration of the “foreseeable future” in any circumstance is inherently fact-specific and depends on the particular kinds of threats, the life-history characteristics, and the specific habitat requirements for the species under consideration. The foreseeable future also considers the availability of data, the ability to predict particular threats, and the reliability to forecast the effects of these threats and future events on the status of the species under consideration. Because a species may be susceptible to a variety of threats for which different data are available, or which operate across different time scales, the foreseeable future is not necessarily reducible to a particular number of years. Further, the existence of a threat to a species and the species' response to that threat are not, in general, equally predictable or foreseeable. Hence, in some cases, the ability to foresee a threat to a species is greater than the ability to foresee the species' exact response, or the timeframe of such a response, to that threat. In making a listing determination, we must ask whether the species' population response to a threat (i.e., abundance, productivity, spatial distribution, diversity) is foreseeable, not merely whether the emergence or continuation of a threat is foreseeable. Because we are obligated to base our determinations on the best available scientific and commercial information, the foreseeable future extends only as far as we are able to reliably predict the species' population response to a particular threat.

    Section 4(a)(1) of the ESA requires us to determine whether any species is endangered or threatened due to any one or a combination of the following threat factors: the present or threatened destruction, modification, or curtailment of its habitat or range; overutilization for commercial, recreational, scientific, or educational purposes; disease or predation; the inadequacy of existing regulatory mechanisms; or other natural or manmade factors affecting its continued existence. 16 U.S.C. 1533(a)(1). We are also required to make listing determinations based solely on the best scientific and commercial data available, after conducting a review of the species' status and after taking into account efforts being made by any state or foreign nation (or subdivision thereof) to protect the species. 16 U.S.C. 1533(b)(1)(A).

    Pursuant to the ESA, any interested person may petition to list or delist a species, subspecies, or DPS of a vertebrate species that interbreeds when mature (5 U.S.C. 553(e), 16 U.S.C. 1533(b)(3)(A)). ESA-implementing regulations issued by NMFS and the U.S. Fish and Wildlife Service (FWS) also establish procedures for receiving and considering petitions to revise the lists of endangered and threatened species and for conducting periodic reviews of listed species (50 CFR 424.01).

    When we receive a petition to list a species, we are required to the maximum extent practicable to make a finding within 90 days as to whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. The ESA-implementing regulations provide that “substantial information” is that amount of information that would lead a reasonable person to believe that listing may be warranted (50 CFR 424.14(b)(1)). In determining whether substantial information exists, we take into account several factors, in light of any information noted in the petition or otherwise readily available in our files. If a positive finding is made at that initial stage, then we commence a status review in order to assemble and assess the best available scientific and commercial information. 16 U.S.C. 1533(b)(3)(A). After conducting the status review and within 12 months of receiving the petition, we must prepare a finding that the action is not warranted, warranted, or warranted but precluded by higher listing priorities. 16 U.S.C. 1533(b)(3)(B). If we find that the petitioned action is warranted, we promptly publish a proposed rule to list the species, take steps to notify affected states and foreign governments, and solicit public input. 16 U.S.C. 1533(b)(3)(B)(ii); 16 U.S.C. 1533(b)(5). After reviewing additional information received during the comment period, we must either publish a final regulation to implement the determination or take certain other actions. 16 U.S.C. 1533(b)(6).

    In making a final listing determination, we first determine whether a petitioned species meets the ESA definition of a “species.” This term includes taxonomic species, subspecies, and “distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” 16 U.S.C. 1532(16). On February 7, 1996, the Services adopted a policy describing what constitutes a DPS of a taxonomic species (61 FR 4722). The joint DPS Policy identified two elements that must be considered when identifying a DPS: (1) The discreteness of the population segment in relation to the remainder of the species (or subspecies) to which it belongs; and (2) the significance of the population segment to the remainder of the species (or subspecies) to which it belongs. A population segment of a vertebrate species may be considered discrete if it satisfies either one of the following conditions:

    (1) It is markedly separated from other populations of the same taxon as a consequence of physical, physiological, ecological, or behavioral factors. Quantitative measures of genetic or morphological discontinuity may provide evidence of this separation.

    (2) It is delimited by international governmental boundaries within which differences in control of exploitation, management of habitat, conservation status, or regulatory mechanisms exist that are significant in light of section 4(a)(1)(D) of the ESA.

    If a population segment is considered discrete under one or more of the above conditions, its biological and ecological significance is then considered in light of Congressional guidance (see S. Rep. No. 96-151(1979)) that the authority to list DPSs be used “sparingly” while encouraging the conservation of genetic diversity. This consideration may include, but is not limited to, the following:

    (1) Persistence of the discrete population segment in an ecological setting unusual or unique for the taxon;

    (2) Evidence that loss of the discrete population segment would result in a significant gap in the range of a taxon;

    (3) Evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere as an introduced population outside its historic range; or

    (4) Evidence that the discrete population segment differs markedly from other populations of the species in its genetic characteristics.

    After determining whether a group of organisms constitutes a listable “species,” then using the best available information gathered during the status review for the species, we complete a status and extinction risk assessment to determine whether the species qualifies as an endangered species or threatened species. In assessing extinction risk, we consider the demographic viability factors developed by McElhany et al. (2000) and the risk matrix approach developed by Wainwright and Kope (1999) to organize and summarize extinction risk considerations. The approach of considering demographic risk factors to help frame the consideration of extinction risk has been used in many of our status reviews, including for Pacific salmonids, Pacific hake, walleye pollock, Pacific cod, Puget Sound rockfishes, Pacific herring, scalloped hammerhead sharks, and black abalone (see http://www.nmfs.noaa.gov/pr/species/ for links to these reviews). In this approach, the collective condition of individual populations is considered at the species level according to four demographic viability factors: abundance, growth rate/productivity, spatial structure/connectivity, and diversity. These viability factors reflect concepts that are well-founded in conservation biology and that individually and collectively provide strong indicators of extinction risk. Against this backdrop we evaluate the influence of the Section 4(a)(1) threat factors.

    As the definition of “endangered species” and “threatened species” makes clear, the determination of extinction risk can be based on either assessment of the range wide status of the species, or the status of the species in a “significant portion of its range.” NMFS and FWS recently published a final policy to clarify the interpretation of the phrase “significant portion of the range” in the ESA definitions of “threatened species” and “endangered species” (79 FR 37577; July 1, 2014) (SPR Policy). The SPR Policy reads:

    Consequences of a species being endangered or threatened throughout a significant portion of its range: The phrase “significant portion of its range” in the Act's definitions of “endangered species” and “threatened species” provides an independent basis for listing. Thus, there are two situations (or factual bases) under which a species would qualify for listing: a species may be endangered or threatened throughout all of its range or a species may be endangered or threatened throughout only a significant portion of its range.

    If a species is found to be endangered or threatened throughout only a significant portion of its range, the entire species is listed as endangered or threatened, respectively, and the Act's protections apply to all individuals of the species wherever found.

    Significant: A portion of the range of a species is “significant” if the species is not currently endangered or threatened throughout its range, but the portion's contribution to the viability of the species is so important that, without the members in that portion, the species would be in danger of extinction, or likely to become so in the foreseeable future, throughout all of its range.

    Range: The range of a species is considered to be the general geographical area within which that species can be found at the time FWS or NMFS makes any particular status determination. This range includes those areas used throughout all or part of the species' life cycle, even if they are not used regularly (e.g., seasonal habitats). Lost historical range is relevant to the analysis of the status of the species, but it cannot constitute a significant portion of a species' range.

    Reconciling SPR with DPS authority: If the species is endangered or threatened throughout a significant portion of its range, and the population in that significant portion is a valid DPS, we will list the DPS rather than the entire taxonomic species or subspecies.

    The Final Policy explains that it is necessary to fully evaluate a portion for potential listing under the “significant portion of its range” authority only if the species is not found to warrant listing rangewide and if substantial information indicates that the members of the species in a particular area are likely both to meet the test for biological significance and to be currently endangered or threatened in that area. Making this preliminary determination triggers a need for further review, but does not prejudge whether the portion actually meets these standards such that the species should be listed:

    To identify only those portions that warrant further consideration, we will determine whether there is substantial information indicating that (1) the portions may be significant and (2) the species may be in danger of extinction in those portions or likely to become so within the foreseeable future. We emphasize that answering these questions in the affirmative is not a determination that the species is endangered or threatened throughout a significant portion of its range—rather, it is a step in determining whether a more detailed analysis of the issue is required. 79 FR 37586.

    After reviewing the best available information as to the species status and threats throughout its range (and, if necessary, in a significant portion of its range), we then assess efforts being made to protect the species, to determine if these conservation efforts are adequate to mitigate the existing threats as required under Section 4(b)(1)(A), and whether they are likely improving the status of the species to the point at which listing is not warranted, or contribute to forming the basis for listing a species as threatened rather than endangered. Finally, we re-assess the extinction risk of the species in light of the existing conservation efforts, as necessary and come to a final conclusion as to whether the species qualifies as an endangered or threatened species.

    Summary of Comments Received

    Below we address comments received pertaining to the proposed listing of the Tanzanian DPS of African coelacanth in the March 3, 2015, proposed rule (80 FR 11363). During the 60-day public comment period from March 3, 2015, to May 4, 2015, we received a total of 8 written comments from individuals. Each of the commenters generally supported the proposed listing.

    Comment 1: We received eight comments in general support of the proposed listing. Commenters agreed with the proposal to list the species as threatened. They cited its rarity and current threats from fishing and habitat impacts as reasons why the Tanzanian DPS of African coelacanth warrants protection under the ESA. One commenter noted that ESA listing status would help raise awareness of the species' plight and authorize the United States to fund and assist in conservation programs.

    Response: We appreciate these comments as they support the proposed listing rule for the Tanzanian DPS of African coelacanth as a threatened species under the ESA. We also agree that the species' listing status as threatened could help raise conservation awareness for the species. However, we emphasize that our listing determination is based solely on consideration of the best scientific and commercial information available regarding the threats facing this species as required under Section 4(b)(1)(A) and discussed in the proposed rule.

    Comment 2: One commenter noted that they would prefer all populations of coelacanth be listed under the ESA, but did not provide any additional information to support listing any other populations. In contrast, the commenter pointed out that great progress has been made regarding educational outreach of Comoran fishermen on how to avoid incidental catch of coelacanths, and also noted that coelacanth habitat in the Comoros Islands is currently stable.

    Response: As detailed in the proposed listing rule and explained further below in our Final Determination section, we conducted a status review of the African coelacanth and first considered whether the species was at risk of extinction throughout its range and found that threats to the species across its range are generally low, with isolated threats of overutilization and habitat loss concentrated in the Tanzanian portion of the range. Thus, we determined on the basis of the best available scientific and commercial information that there was no basis to list the species overall based on an assessment of its status throughout its range. However, applying our SPR Policy and DPS Policy, we concluded that the Tanzanian DPS was a listable entity and that it met the test for a threatened species. Because the population is a valid DPS, our SPR Policy directs that the members of that population be listed rather than the species at large. We thus proposed to list only the Tanzanian DPS as a threatened species. Because the commenter provided no information to indicate that we should reconsider these findings, we cannot adopt their suggestion to list the entire species.

    Status Review

    The status review for the African coelacanth addressed in this finding was conducted in 2014 (Whittaker, 2014). The status review represents the best available scientific and commercial information on the species' biology, ecology, life history, threats, and conservation status from information contained in the petition, our files, a comprehensive literature search, and consultation with experts. We also considered information submitted by the public and peer reviewers. This information is available in the status review report (Whittaker, 2014), which is available on our Web site (http://www.nmfs.noaa.gov/pr/species/fish/coelacanth.html). The status review report provides a thorough discussion of life history, demographic risks, and threats to the particular species. We considered all identified threats, both individually and cumulatively, to determine whether the species responds in a way that causes actual impacts at the species level. The collective condition of individual populations was also considered at the species level, according to the four demographic viability factors discussed above.

    The proposed rule (80 FR 11363, March 3, 2015) summarizes general background information on the species' natural history, range, reproduction, population structure, distribution and abundance. None of this information has changed since the proposed rule, and we received no new information through the public comment period that would cause us to reconsider our previous finding as reflected in the 12-month finding and proposed rule. Thus, all of the information contained in the status review report and proposed rule is reaffirmed in this final action.

    Overview of Determination Regarding the African Coelacanth at the Species Level

    Based on the best available scientific and commercial information described in the status review report and proposed rule, in developing our 12-month finding we determined that the African coelacanth is taxonomically distinct from the Indonesian coelacanth, Latimeria menadoensis, and is a valid species under the ESA; it meets the definition of “species” pursuant to section 3 of the ESA and is eligible for listing under the ESA. Next we considered whether any one or a combination of the five threat factors specified in section 4(a)(1) of the ESA contribute to the extinction risk of the African coelacanth species and went on to evaluate the species' level of extinction risk. Finally we considered conservation efforts for the species overall as required under Section 4(b)(1)(A).

    We received no information or analysis from public comment on the proposed rule that would cause us to reconsider any of our analysis or conclusions regarding any of the section 4(a)(1) factors or their interactions for the species overall. Likewise, we did not receive any new information or analysis that would cause us to reconsider our analysis of extinction risk. Finally, we did not receive any new information regarding conservation efforts, which we evaluated as required under Section 4(b)(1)(A). For this final rule, we clarify that we do not apply the particularized rubric of the Policy on the Evaluation of Conservation Efforts (PECE Policy, 68 FR 15100, March 28, 2003) to consideration of foreign conservation efforts, because that policy applies only to conservation efforts “identified in conservation agreements, conservation plans, management plans, or similar documents developed by Federal agencies, State and local governments, Tribal governments, businesses, organizations, and individuals.” Nevertheless, in this case we have substantively evaluated the likelihood of implementation and efficacy of relevant efforts, including specifically the recently established Tanga Coelacanth Marine Park and its associated protections, as described in the proposed rule. We therefore reaffirm the substance of our discussion of the 4(a)(1) factors, extinction risk, and conservation efforts from the 12-month finding and proposed rule (80 FR 11363, March 03, 2015) in this final action. In summary, after considering the status, threats and extinction risk for the African coelacanth (L. chalumnae), we determined the species does not meet the definition of a threatened or endangered species when evaluated throughout all of its range. Thus, we did not propose to list the species overall. We received no information or analysis through the comment process that would cause us to reevaluate our determination that the African coelacanth does not warrant listing rangewide.

    Final Determination

    We have reviewed the best available scientific and commercial information, including the petition, the information in the status review reports, public comments, and the comments of peer reviewers. Based on the information presented, and as described in the proposed listing rule, because we found the African coelacanth species overall to not warrant listing on the basis of the range wide analysis, we applied the SPR Policy and considered whether any portions of the range of the species would be likely to be both significant to the species and at risk of extinction now or within the foreseeable future. We considered first whether any populations faced an unusual concentration of threats that might suggest they were at risk of extinction. After a review of the best available information, we identified the Tanzanian population of the African coelacanth as a population facing concentrated threats because of increased catch rates in this region since 2003, and the threat of a deep-water port directly impacting coelacanth habitat in this region. Due to these concentrated threats, we found that the species may be at risk of extinction in this area, so next we determined whether this portion of the range of the species could be considered significant under the SPR Policy (79 FR 37577; July 1, 2014).

    The Tanzanian population is one of only three confirmed populations of the African coelacanth, all considered to be small and isolated. Because all three populations are isolated, the loss of one would not directly impact the other remaining populations. However, loss of any one of the three known African coelacanth populations would significantly increase the extinction risk of the species as a whole, as only two small populations would remain, making them more vulnerable to catastrophic events such as storms, disease, or temperature anomalies. Therefore, we determined that this portion of the range of the species (the Tanzanian population) represents a significant portion of the range of the African coelacanth.

    Having found that the members of the Tanzanian population constituted a significant portion of the species' range, we next evaluated the extinction risk of this significant portion of the range to determine whether it was threatened or endangered. After reviewing the best available scientific and commercial information, we determined that the Tanzanian population faces demographic risks, such as population isolation and low productivity, which make it likely to be influenced by stochastic or depensatory processes throughout its range. Additionally, ongoing or future threats include overutilization via bycatch in the Tanzanian gillnet shark fishery, as well as habitat destruction as a result of coastal development. The species' natural biological vulnerability to overexploitation exacerbates the severity of these threats and places the population at an increased risk of extinction within the foreseeable future. In our consideration of the foreseeable future, we evaluated how far into the future we could reliably predict the operation of the major threats to this population, as well as the population's response to those threats. We are confident in our ability to make projections over the next several decades in assessing the threats of overutilization and habitat destruction, and their interaction with the life history of the coelacanth, with its lifespan of 40 or more years. Based on this information, we find that the Tanzanian population is at a moderate risk of extinction within the foreseeable future. Therefore, we consider the Tanzanian population to be threatened.

    Because the Tanzanian population represents a significant portion of the range of the species, and this population is threatened, we conclude that the African coelacanth is threatened in a significant portion of its range. We next applied the provision from the SPR Policy providing that if a species is determined to be threatened or endangered across a significant portion of its range, and the population in that significant portion is a valid DPS, we will list the DPS rather than the entire taxonomic species or subspecies. In evaluating whether this population qualified as a DPS under the DPS Policy (61 FR 4722; February 7, 1996), we determined that the Tanzanian population is discrete based on evidence for its genetic and geographic isolation from the rest of the taxon. The population also meets the significance criterion set forth by the DPS policy, as its loss would constitute a significant gap in the taxon's range. Because it is both discrete and significant to the taxon as a whole, we identified the Tanzanian population as a valid DPS.

    Finally, because the population in the significant portion of the range is a valid DPS, we proposed to list the DPS rather than the entire taxonomic species or subspecies. We received no information or analysis through the public comment process that would cause us to reconsider our determination. Therefore, with this final rule we are listing the Tanzanian DPS of the African coelacanth as a threatened species under the ESA.

    Effects of Listing

    Conservation measures provided for species listed as endangered or threatened under the ESA include recovery actions (16 U.S.C. 1533(f)); concurrent designation of critical habitat for species that occur within the United States, if prudent and determinable (16 U.S.C. 1533(a)(3)(A)); Federal agency requirements to consult with NMFS under section 7 of the ESA to ensure their actions do not jeopardize the species or result in adverse modification or destruction of critical habitat should it be designated (16 U.S.C. 1536); and, for endangered species, certain prohibitions including against “take” of the species by persons subject to United States jurisdiction (16 U.S.C. 1538(a)(1)). Recognition of the species' plight through listing also promotes conservation actions by Federal and state agencies, foreign entities, private groups, and individuals.

    Identifying Section 7 Consultation Requirements

    Section 7(a)(2) (16 U.S.C. 1536(a)(2)) of the ESA and NMFS/USFWS regulations require Federal agencies to consult with us to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat. It is unlikely that the listing of these species under the ESA will increase the number of section 7 consultations, because these species occur outside of the United States and are unlikely to be affected by Federal actions.

    Critical Habitat

    Critical habitat is defined in section 3 of the ESA (16 U.S.C. 1532(5)) as: (1) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the ESA, on which are found those physical or biological features (a) essential to the conservation of the species and (b) that may require special management considerations or protection; and (2) specific areas outside the geographical area occupied by a species at the time it is listed upon a determination that such areas are essential for the conservation of the species. “Conservation” means the use of all methods and procedures needed to bring the species to the point at which listing under the ESA is no longer necessary. Section 4(a)(3)(A) of the ESA (16 U.S.C. 1533(a)(3)(A)) requires that, to the extent prudent and determinable, critical habitat be designated concurrently with the listing of a species. However, our regulations provide that critical habitat shall not be designated in foreign countries or other areas outside U.S. jurisdiction (50 CFR 424.12 (h)).

    The best available scientific and commercial data as discussed above identify the geographical areas occupied by Latimeria chalumnae as being entirely outside U.S. jurisdiction, so we cannot designate critical habitat for this species.

    We can designate critical habitat in areas in the United States currently unoccupied by the species only if the area(s) are determined by the Secretary to be essential for the conservation of the species. The best available scientific and commercial information on the species does not indicate that U.S. waters provide any specific essential biological function for the species proposed for listing. Based on the best available information, we have not identified unoccupied area(s) in U.S. water that are essential to the conservation of the Tanzanian DPS of Latimeria chalumnae. Therefore, based on the available information, we will not designate critical habitat for this DPS.

    Identification of Those Activities That Would Constitute a Violation of Section 9 of the ESA

    On July 1, 1994, NMFS and FWS published a policy (59 FR 34272) that requires NMFS to identify, to the maximum extent practicable at the time a species is listed, those activities that would or would not constitute a violation of section 9 of the ESA. Because we are finalizing a rule to list the Tanzanian DPS of the African coelacanth as threatened, no prohibitions of Section 9(a)(1) of the ESA will apply to this species.

    Protective Regulations Under Section 4(d) of the ESA

    We are listing the Tanzanian DPS of African coelacanth as a threatened species. In the case of threatened species, ESA section 4(d) states the Secretary shall issue such regulations as he deems necessary and advisable for the conservation of the species and authorizes the Secretary to extend the section 9(a) prohibitions to the species. We have flexibility under section 4(d) to tailor protective regulations, taking into account the effectiveness of available conservation measures. The 4(d) protective regulations may prohibit, with respect to threatened species, some or all of the acts which section 9(a) of the ESA prohibits with respect to endangered species. These section 9(a) prohibitions apply to all individuals, organizations, and agencies subject to U.S. jurisdiction. We did not receive any information from governmental agencies, the scientific community, industry, or any other interested parties on information in the status review and proposed rule pertaining to potential ESA section 4(d) protective regulations for the proposed threatened DPS, including the application, if any, of the ESA section 9 prohibitions on import, take, possession, receipt, and sale of the African coelacanth. Additionally, commercial trade, including import and export, of the African coelacanth is prohibited as a result of an Appendix I listing under the Convention on International Trade in Endangered Species of Wild Flora and Fauna. Finally, we have no evidence to suggest that the species is at risk due to illegal trade. Any trade of the species is limited to the transfer of specimens for scientific purposes. Thus, we have determined that protective regulations pursuant to section 4(d) are not necessary for the conservation of the species at this time.

    References Whittaker, Kerry. 2014. Endangered Species Act draft status review report for the coelacanth (Latimeria chalumnae). Report to National Marine Fisheries Service, Office of Protected Resources. October 2014. 47 pp. Classification National Environmental Policy Act

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the information that may be considered and the basis that must be found when assessing species for listing. Based on this limitation of criteria for a listing decision and the opinion in Pacific Legal Foundation v. Andrus, 657 F.2d 829 (6th Cir.1981), NMFS has concluded that ESA listing actions are not subject to the environmental assessment requirements of the National Environmental Policy Act (NEPA) (See NOAA Administrative Order 216-6).

    Executive Order 12866, Regulatory Flexibility Act, and Paperwork Reduction Act

    Under the 1982 amendments to the ESA, economic impacts cannot be considered when assessing the status of a species. 16 U.S.C. 1533(b)(1)(a) (“The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species. . . .”). Therefore, the economic analysis requirements of the Regulatory Flexibility Act are not applicable to the listing process. In addition, this final rule is exempt from review under Executive Order 12866. This final rule does not contain a collection-of-information requirement for the purposes of the Paperwork Reduction Act.

    Executive Order 13132, Federalism

    In accordance with E.O. 13132, we determined that this final rule does not have significant Federalism effects and that a Federalism assessment is not required.

    List of Subjects in 50 CFR Part 223

    Administrative practice and procedure, Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.

    Dated: March 23, 2016. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 223 is amended as follows:

    PART 223—THREATENED MARINE AND ANADROMOUS SPECIES 1. The authority citation for part 223 continues to read as follows: Authority:

    16 U.S.C. 1531-1543; subpart B, § 223.201-202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9).

    2. In § 223.102, amend the table in paragraph (e) by adding the entry “Coelacanth, African” in alphabetical order under the subheading “Fishes” to read as follows:
    § 223.102 Enumeration of threatened marine and anadromous species.

    (e) * * *

    Species 1 Common name Scientific name Description of listed entity Citation(s) for listing
  • determination(s)
  • Critical habitat ESA Rules
    *         *         *         *         *         *         * Fishes *         *         *         *         *         *         * Coelacanth, African (Tanzanian DPS) Latimeria chalumnae African coelacanth population inhabiting deep waters off the coast of Tanzania 81 FR [Insert FR page number where the document begins], March 29, 2016 NA NA *         *         *         *         *         *         * 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
    [FR Doc. 2016-07001 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150904827-6233-02] RIN 0648-BF36 Fisheries of the Exclusive Economic Zone Off of Alaska; Observer Coverage Requirements for Small Catcher/Processors in the Gulf of Alaska and Bering Sea and Aleutian Islands Groundfish Fisheries AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    NMFS issues this final rule to implement Amendment 112 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 102 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) and revise regulations for observer coverage requirements for certain small catcher/processors in the Gulf of Alaska (GOA) and Bering Sea and Aleutian Islands Management Area (BSAI). This final rule modifies the criteria for NMFS to place small catcher/processors in the partial observer coverage category under the North Pacific Groundfish and Halibut Observer Program (Observer Program). Under this final rule, the owner of a non-trawl catcher/processor can choose to be in the partial observer coverage category, on an annual basis, if the vessel processed less than 79,000 lb (35.8 mt) of groundfish on an average weekly basis in a particular prior year, as specified in this final rule. This final rule provides a relatively limited exception to the general requirement that all catcher/processors are in the full observer coverage category, and maintains the full observer coverage requirement for all trawl catcher/processors and catcher/processors participating in a catch share program that requires full observer coverage. This final rule promotes the goals of the BSAI and GOA FMPs, and the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other applicable laws.

    DATES:

    Effective March 29, 2016.

    ADDRESSES:

    Electronic copies of Amendment 112 to the BSAI FMP and Amendment 102 to the GOA FMP, the Regulatory Impact Review/Initial Regulatory Flexibility Analysis (Analysis), and the Categorical Exclusion prepared for this action are available from http://www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

    Written comments regarding the burden-hour estimates or other aspects of the collection of information requirements contained in this final rule may be submitted by mail to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; by email to [email protected]; or by fax to (202) 395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Anne Marie Eich, 907-586-7228.

    SUPPLEMENTARY INFORMATION: Background

    This final rule implements Amendment 112 to the BSAI FMP and Amendment 102 to the GOA FMP (collectively referred to as Amendment 112/102). NMFS published a notice of availability (NOA) for Amendment 112/102 on December 17, 2015 (80 FR 78705). The comment period on the NOA for Amendment 112/102 ended on February 16, 2016. The Secretary of Commerce approved Amendment 112/102 on March 11, 2016, after accounting for information from the public, and determining that Amendment 112/102 is consistent with the FMPs, the Magnuson-Stevens Act, and other applicable law. NMFS published a proposed rule to implement Amendment 112/102 and the regulatory amendments on December 29, 2015 (80 FR 81262; corrected January 22, 2016 (81 FR 3775)). The comment period on the proposed rule ended on January 28, 2016. NMFS received three comments on proposed Amendment 112/102 or the proposed rule.

    This final rule modifies the criteria used by NMFS to place small catcher/processors in the partial observer coverage category in the Observer Program. Under this final rule, the owners of non-trawl catcher/processors can choose to be in the partial observer coverage category for the upcoming fishing year if their vessels processed less than 79,000 lb (35.8 mt) of groundfish on an average weekly basis in a particular prior year, as specified in this final rule. This final rule does not alter observer coverage requirements for a catcher/processor using trawl gear or for a catcher/processor when participating in a catch share program; these catcher/processors will continue to be required to be in the full observer coverage category. The terms “production” and “processing” are used synonymously in this final rule.

    Below is a brief description of the Observer Program and the elements of the Observer Program that apply to Amendment 112/102 and this final rule. The preamble of the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)) provides a more detailed description of the Observer Program and this action.

    The Observer Program

    Regulations implementing the Observer Program allow NMFS-certified observers (observers) to obtain information necessary for the conservation and management of the BSAI and GOA groundfish and halibut fisheries. The Observer Program was implemented in 1990 (55 FR 4839, February 12, 1990). In 2012, NMFS restructured the funding and deployment systems of the Observer Program (77 FR 70062, November 21, 2012). Since implementation of the restructured Observer Program in 2013, vessels, shoreside processors, and stationary floating processors participating in the groundfish and halibut fisheries off Alaska are placed in one of two observer coverage categories: (1) Partial observer coverage category, or (2) full observer coverage category.

    Under the restructured Observer Program, almost all catcher/processors were assigned to the full observer coverage category to obtain independent estimates of catch, at-sea discards, and prohibited species catch to reduce the potential for introducing error into NMFS' catch accounting system (as described in the proposed rule: 77 FR 23326, April 18, 2012). In the full observer coverage category, an observer must be on board a vessel any time the vessel is harvesting, receiving, or processing groundfish in a federally managed or parallel groundfish fishery, as specified at § 679.51(a)(2)(i). In the full observer coverage category, vessel operators obtain observers by contracting directly with observer providers. Operators of vessels in the full observer coverage category pay the observer provider for each day the observer is on board the vessel, including days that the vessel is travelling to or from the fishing grounds but not fishing.

    NMFS deploys observers on vessels in the partial observer coverage category according to a statistical sample design based on an annual deployment plan developed in consultation with the North Pacific Fishery Management Council (Council). Vessels in the partial observer coverage category are required to carry observers on fishing trips selected at random per the statistical sample design. Instead of paying for each day an observer is on board, NMFS assesses a fee equal to 1.25 percent of the ex-vessel value of the retained groundfish and halibut landed by vessels in the partial observer coverage category. NMFS uses these fees to establish a Federal contract with an observer service provider to deploy observers in the partial observer coverage category.

    The restructured Observer Program provided three limited exceptions for catcher/processors to be placed in the partial observer coverage category, in recognition that the cost of full observer coverage would be disproportionate to total revenues for some small catcher/processors. The first exception applied to a hybrid vessel less than 60 feet length overall (LOA) that acted as both a catcher vessel and a catcher/processor in the same year in any year from 2003 through 2009. The second exception applied to a catcher/processor that had an average daily production of less than 5,000 lb (2.3 mt) round weight equivalent in its most recent full calendar year of operation from 2003 through 2009. The third exception applied to a catcher/processor that did not process more than one metric ton round weight of groundfish on any day in the immediately preceding year.

    Under the first two exceptions, a vessel that started processing after 2009 could never qualify to be placed in the partial observer coverage category. Also, the first two exceptions permanently placed a vessel in the partial observer coverage category. These exceptions have no provision to review the production of a catcher/processor placed in the partial observer coverage category on an ongoing basis and remove them from the partial observer coverage category if their production increases. The third exception is theoretically open to any catcher/processor that began production after 2009.

    Summary of Amendment 112/102

    The following discussion summarizes the provisions of Amendment 112/102; additional details are provided in the NOA for Amendment 112/102 (80 FR 78705; December 17, 2015), the proposed rule for Amendment 112/102 (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)), and Section 2 of the Analysis (see ADDRESSES).

    1. The Production Threshold for Placement in the Partial Observer Coverage Category

    This final rule establishes a production threshold for placement in the partial observer coverage category of average weekly groundfish production of 79,000 lb (35.8 mt) or less in a standard basis year or an alternate basis year (as defined below). The weekly production measure includes catcher/processors that engage in intense bursts of processing activity during a year but may not process throughout the whole year.

    The Council and NMFS considered a range of average weekly production measures as a threshold for partial coverage. The production standard of 79,000 lb (35.8 mt) was selected to ensure that catcher/processors that are currently eligible for placement in the partial observer coverage category will continue to be eligible if these vessels maintain their current levels of production. The catcher/processors eligible for partial observer coverage under this final rule are engaged primarily in the hook-and-line and Pacific cod and sablefish fisheries (see Section 2.2.1 of the Analysis). This production threshold maintains a limited exception to the general requirement that catcher/processors are in the full observer coverage category.

    The Council and NMFS concluded that this production threshold would maintain a limited exception to the general requirement that catcher/processors are in the full observer coverage category. The Council does not anticipate that this action would impair data quality because the overwhelming amount of groundfish production would remain subject to full observer coverage (Section 3.6.7 of the Analysis). The catcher/processors eligible for the partial observer coverage category under this final rule are engaged primarily in the hook-and-line and Pacific cod and sablefish fisheries (see Section 3.7.12 of the Analysis).

    2. The Basis Year for Placing a Catcher/Processor in the Partial Observer Coverage Category

    This final rule establishes the fishing year minus two years as the standard basis year for determining whether a catcher/processor is eligible for placement in the partial observer coverage category, as it is the most recent year for which NMFS will have full production data. As an example, to determine if a catcher/processor will be eligible for partial observer coverage in the fishing year that begins on January 1, 2017, NMFS will assess production data from 2015 (i.e., the fishing year minus two years).

    If a catcher/processor had no production in the standard basis year, (i.e., the fishing year minus two years), but that catcher/processor had production before the standard basis year, the vessel's most recent year of production, but not earlier than 2009, will be used (referred to as the alternate basis year) (see Section 2.4 of the Analysis). For example, if for the fishing year beginning January 1, 2017, the most recent fishing year prior to 2015 that a catcher/processor had production was 2011, the production from 2011 would be used to assess whether that catcher/processor met the threshold production amount to be eligible for placement in the partial observer coverage category. This final rule does not consider production data prior to 2009 because that is the first year that NMFS collected daily production reports (73 FR 76136, December 15, 2008), permitting calculation of average daily production (see Appendix D of the Analysis).

    3. A Catcher/Processor With No History of Production

    The Council and NMFS also considered the initial type of observer coverage (i.e., full or partial) that should apply to a catcher/processor with no production in either the standard basis year or an alternate basis year, e.g., a new catcher/processor. This final rule places any non-trawl catcher/processor with no production from 2009 through the standard basis year in the partial observer coverage category in the partial observer coverage category in its first two years of operation. The costs of full observer coverage could prevent some non-trawl catcher/processors from starting processing, particularly processing of sablefish in remote fishing grounds in the Aleutian Islands, and processing of Pacific cod by catcher/processors using jig gear. If non-trawl catcher/processors had to operate for their first two years in the full observer coverage category, it might defeat one of the objectives of this action, namely encouraging beneficial activity that is being prevented by the cost of full observer coverage.

    4. Owner Choice by an Annual Deadline

    Under this final rule, the owner of a qualifying vessel may request placement in the partial observer coverage category through an annual selection process that includes an annual deadline. Absent selection by the owner of a qualifying vessel, that catcher/processor will be placed in the full observer coverage category for the upcoming fishing year. This annual selection process is a new requirement for the three catcher/processors that are currently permanently placed in the partial observer coverage category.

    This final rule does not establish a deadline for vessel operators to request placement in the partial coverage category during the 2016 fishing year; vessel operators can request placement in partial coverage as soon as the final rule is effective. The application process for the 2016 fishing year is described in further detail in the section Changes from the Proposed Rule.

    This final rule establishes an annual deadline of July 1 to request placement in the partial observer coverage category applicable for the 2017 fishing year, and for all future fishing years. For the 2017 fishing year, a vessel owner would have to request placement in the partial observer coverage category by July 1, 2016.

    5. Unchanged Observer Requirements for Trawl Catcher/Processors and Catcher/Processors That Participate in a Catch Share Program

    This final rule does not alter existing observer coverage requirements for a catcher/processor using trawl gear or a catcher/processor when participating in a catch share program; these catcher/processors will continue to be required to be in the full observer coverage category. The rationale for the existing observer coverage requirements for each catch share program is described in the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)).

    The Final Rule

    This final rule revises regulations at 50 CFR part 679 to modify the criteria for NMFS to place small catcher/processors in the partial observer coverage category in the Observer Program. This final rule establishes a new paragraph in § 679.51, namely § 679.51(a)(3).

    At § 679.51(a)(3)(i), this final rule defines the following terms for purposes of the new § 679.51(a)(3): a “fishing year” as the year during which a catcher/processor might be placed in the partial observer coverage category; the “standard basis year” as the fishing year minus two years; and the “alternate basis year” as the most recent year before the standard basis year in which a catcher/processor had any groundfish production but not earlier than 2009. At § 679.51(a)(3)(i), this final rule defines a vessel's “average weekly groundfish production,” as the annual groundfish round weight production estimate for a catcher/processor, divided by the number of separate weeks during which production occurred, as determined by production reports, but excluding any groundfish that was caught with trawl gear. Thus, if a vessel has groundfish production any day in a week, excluding trawl production, that will be considered as a week of production.

    At § 679.51(a)(3)(ii), this final rule specifies the annual deadline for requesting placement in the partial observer coverage category as July 1 of the year before the year that the vessel owner would like to be placed in the partial observer coverage category, for 2017 and all future years. As described in the section titled Changes from the Proposed Rule, no deadline is specified for the owner of a catcher/processor to apply to be placed in the partial observer coverage category in 2016. NMFS should be able to make an eligibility determination within 30 days of receipt of the request for placement in the partial observer coverage category.

    At § 679.51(a)(3)(iii), this final rule specifies the requirements for NMFS to place a catcher/processor in the partial observer coverage category, namely if the vessel owner requests placement by the annual deadline specified and the vessel meets the production threshold of 79,000 lb (35.8 mt) of average weekly groundfish production (excluding groundfish caught with trawl gear).

    To determine eligibility for placement in the partial observer coverage category, NMFS will first examine the catcher/processor's production in the standard basis year, namely two years before the fishing year. If a catcher/processor produced at or below the production threshold (79,000 lb (35.8 mt) average weekly groundfish production) in the standard basis year, but more than zero pounds, the vessel will meet the production threshold for placement in the partial observer coverage category in the upcoming fishing year. If a catcher/processor exceeded that production threshold, the vessel will not be eligible for placement in the partial observer coverage category in the upcoming fishing year.

    If a catcher/processor had no production in the standard basis year, NMFS will examine the vessel's production in the alternative basis year, namely the first year that the vessel had any production before the standard basis year but not earlier than 2009. If a catcher/processor had average weekly groundfish production of 79,000 lb (35.8 mt) or less in the alternate basis year, the vessel will meet the production threshold requirement for placement in the partial observer coverage category for the upcoming fishing year. If a catcher/processor exceeded the production threshold in the alternate basis year, the vessel will not be eligible for placement in the partial observer coverage category. If a catcher/processor had no production from 2009 through the standard basis year, the vessel will meet the production threshold requirement for placement in the partial observer coverage category.

    If a catcher/processor meets the production threshold requirement for placement in the partial observer coverage category and is not a vessel using trawl gear or otherwise required to have full observer coverage by participation in a catch share program, the catcher/processor will be placed in partial observer coverage only if the owner of the vessel makes the request by the annual deadline. This final rule specifies at § 679.51(a)(3)(iv) how the vessel owner can request placement in the partial observer coverage category. A vessel owner must submit a request form to NMFS, which NMFS will make available on the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

    At § 679.51(a)(3)(v), this final rule specifies that NMFS will notify a vessel owner in writing if NMFS has placed the vessel in the partial observer coverage category. Until NMFS provides this notice, the catcher/processor will remain in the full observer coverage category.

    At § 679.51(a)(3)(vi), this final rule specifies that if NMFS denies a request for placement in the partial observer coverage category, NMFS will issue an Initial Administrative Determination, which will explain the reasons for the denial. If the vessel owner wishes to appeal the denial, this final rule provides at § 679.51(a)(3)(vii) that the vessel owner may appeal to the National Appeals Office according to the procedures in 15 CFR part 906. During the appeal process, the catcher/processor will remain in the full observer coverage category.

    This final rule has several provisions in addition to the new paragraph at § 679.51(a)(3). This final rule adds regulations at § 679.51(a)(1)(i)(C) to clarify that certain catcher/processors (newly specified by this final rule at § 679.51(a)(3)) are in the partial observer coverage category when fishing for halibut with hook-and-line gear or when directed fishing for groundfish in a federally managed or parallel groundfish fishery. This final rule revises § 679.51(a)(2)(i)(A) to clarify that catcher/processors are placed in the full observer coverage category unless they are placed the partial observer coverage category using criteria specified at § 679.51(a)(3). This final rule also removes the regulations detailing the exceptions to the full observer coverage category for catcher/processors at § 679.51(a)(2)(iv)(B) that were in place prior to implementation of this final rule.

    This final rule adds a new category to the definition of fishing trip for purposes of the Observer Program in § 679.2. Prior to implementation of this final rule, § 679.2 defined a fishing trip for a catcher vessel delivering to a shoreside processor or stationary floating processor and for a catcher vessel delivering to a tender vessel. This final rule defines a fishing trip for a catcher/processor in the partial observer coverage category, as the period of time that begins when the vessel departs a port to harvest fish until the vessel returns to port and offloads all processed product. This new definition is necessary because the current definition of a fishing trip does not accurately apply to a catcher/processor in the partial observer coverage category.

    This final rule adds a new requirement at § 679.5(e)(13) for a catcher/processor landing report. The operator of a catcher/processor placed in the partial observer coverage category must submit a catcher/processor landing report by 2400 hours, A.l.t., on the day after the end of the fishing trip. This is a new reporting requirement created for this program. The landing report will be generated through eLandings or other NMFS-approved software by consolidating the daily production reports for the period the vessel operator defines as the fishing trip for purposes of observer coverage. NMFS will use information from the catcher/processor landing report to link catch data with observer data, to determine how to appropriately assign at-sea discard rates and prohibited species catch rates to unobserved catcher/processors in the partial observer coverage category, and to monitor compliance with the requirement for catcher/processors placed in the partial observer coverage category to log all fishing trips in the Observer Declare and Deploy System.

    This final rule revises § 679.51(e)(1)(iii)(B) to remove requirements from catcher/processors placed in the partial observer coverage category to provide equipment for the purpose of observer data entry and transmission. Prior to implementation of this final rule, all catcher/processors were required to provide an observer with a computer, NMFS-supplied software, and the ability to transmit data to NMFS using a point-to-point connection from the vessel. Removing this requirement reduces the financial burden on small catcher/processors placed in the partial observer coverage category, especially for vessels mentioned in Section 3.7.4 of the Analysis that may begin to operate as a catcher/processor (e.g., catcher/processors using jig gear). Prior to implementation of this final rule, observers deployed in the partial observer coverage category entered and transmitted data without equipment provided by the industry. Maintaining those equipment requirements for catcher/processors in the partial observer coverage category may have resulted in duplicative and unnecessary equipment being available on the vessel. NMFS typically receives data from observers deployed in the partial observer coverage category at the end of each trip, and that timeline is sufficient for catcher/processors in partial observer coverage under this final rule. NMFS notes that even with this change, more frequent data transmission could be achieved on some catcher/processors in partial observer coverage if the observer is allowed to use existing communication equipment.

    This final rule revises § 679.55(a) and (c) to clarify that all catcher/processors named on a Federal Fishing Permit and not in the full observer coverage category are responsible for paying the observer fee.

    This final rule corrects two cross references in § 679.2 and replaces language in § 679.5 that refers to old terminology of “100 percent observer coverage.” That terminology is replaced with “full observer coverage;” this is the terminology used under the restructured Observer Program.

    Comments and Responses

    During the public comment periods for the NOA for Amendment 112/102 and the proposed rule to implement Amendment 112/102, NMFS received three comment letters from the public that contained three substantive comments. NMFS' responses to these comments are presented below.

    Comment 1: All three commenters expressed support for this action.

    Response: NMFS acknowledges these comments.

    Comment 2: Two commenters requested that NMFS implement this action as soon as possible in 2016. One commenter would like to begin fishing for Individual Fishing Quota (IFQ) Program Pacific halibut and sablefish around April 1, but due to the costs of full coverage, would not start fishing until they were allowed to be placed in the partial observer coverage category. The second commenter stated that it benefits the few eligible catcher/processors to be placed in the partial observer coverage as soon as possible in 2016, and doing so would not negatively impact any other fishery participants.

    Response: NMFS acknowledges these comments. Most of the catcher/processors that will be eligible to be placed in the partial observer coverage category under this final rule participate in the sablefish IFQ fisheries or fish for Pacific cod. Directed fishing for Pacific cod opened in most areas off Alaska on January 1, 2016, and the IFQ fishing season started on March 19, 2016. Under existing regulations, any catcher/processors not placed in the partial observer coverage category are in the full observer coverage category and must carry an observer at all times while fishing in the GOA or BSAI. As noted in the proposed rule and Analysis, being placed in the full observer coverage category imposes costs on vessel owners that generally exceed the costs of being placed in the partial observer coverage category. Allowing the owners of catcher/processors to apply to be placed in the partial observer coverage category as soon as possible in 2016 would minimize the cost of observer coverage for these vessel owners. Due to the costs of the full observer coverage category, some vessel owners may even choose not to fish until the catcher/processor can be placed in the partial observer coverage category. Therefore, for reasons discussed in the Classification section, the NMFS Assistant Administrator has waived the 30-day delay in effectiveness of this final rule and will accept applications from the owners of catcher/processors to be placed in the partial observer coverage category on the day that this final rule is published in the Federal Register.

    Comment 3: The proposed regulations appropriately add a paragraph (C), referencing catcher/processors, to 50 CFR 679.51(a)(1)(i). New paragraph (C) joins a list of certain classes of vessels in partial observer coverage, with paragraphs (A) and (B) describing certain catcher vessels. The language introducing the list at § 679.51(a)(1)(i) should be revised to reference not just catcher vessels but also catcher/processors: “ . . . the following catcher vessels [and catcher/processors] are in the partial observer coverage category . . .” The word “or” should be deleted after paragraph (A).

    Response: NMFS agrees with the suggested addition of “and catcher/processors” at § 679.51(a)(1)(i). However, NMFS does not agree with the suggested deletion of the word “or” after § 679.51(a)(1)(i)(A). With the implementation of this final rule, § 679.51(a)(1)(i) contains three paragraphs, (A), (B), and (C), each of which is independent of the others. Therefore, it is appropriate to retain the word “or” after § 679.51(a)(1)(i)(A).

    Changes From the Proposed Rule Initial Implementation Deadline for 2016

    The proposed rule for Amendment 112/102 (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)) proposed to establish an application deadline in 2016 for an owner of an eligible catcher/processor to request placement in the partial observer coverage category within 15 days after the effective date of the final rule. The effective date of the final rule was anticipated to be 30 days after its publication in the Federal Register; therefore, this deadline would have provided a vessel owner 45 days to consider and submit a timely request for placement in the partial observer coverage category after the date of publication of the final rule.

    NMFS has determined that an application deadline for the 2016 fishing year is not necessary. One of the primary reasons for an application deadline for 2017 and future years is to provide information about which catcher/processors will be in the partial observer coverage category in time to prepare the Observer Program annual deployment plan for the upcoming year. NMFS has already prepared the 2016 annual deployment plan assuming that any catcher/processor eligible to be in partial observer coverage in 2016 would choose to do so; therefore NMFS does not need an application deadline in 2016 to enable a catcher/processor to be placed in the partial observer coverage category. Nevertheless, an owner wishing to place a catcher/processor in the partial observer coverage category has an incentive to submit an application as soon as possible in 2016 if placement in partial coverage reduces the cost of observer coverage. In addition, not having an application deadline for 2016 provides additional time for potential new participants in the fishery to adjust to the new regulations. If a vessel owner missed the 2016 application deadline described in the proposed rule, the vessel would require full observer coverage until January 2017. Removing the 2016 deadline does not create a substantial administrative burden for NMFS because of the small number of vessels involved. Fishery participants are reminded that the July 1 deadline applies for the 2017 fishing year, and for all future fishing years.

    Other Changes

    NMFS adds the phrase “and catcher/processors” at § 679.51(a)(1)(i) to reference not just catcher vessels but also catcher/processors, as described in the response to Comment 3 in the Comments and Responses section.

    NMFS corrects a verb disagreement error in the table at § 679.55(c) by changing “is” to “are” in row (5).

    Classification

    The Administrator, Alaska Region, determined that Amendments 112 and 102 and this final rule are necessary for the conservation and management of the BSAI and GOA groundfish fisheries and that they are consistent with the Magnuson-Stevens Act, and other applicable law.

    This final rule has been determined to be not significant for purposes of Executive Order 12866.

    Administrative Procedure Act

    The NMFS Assistant Administrator finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the provisions in this final rule. Maintaining the 30-day delay would be contrary to the public interest. Waiving the 30-day delay in effectiveness would allow the owners of catcher/processors to apply to be placed in the partial observer coverage category as soon as the final rule is published and would allow NMFS to approve this placement for eligible catcher/processors as soon as NMFS is able to complete the necessary review. Maintaining the 30-day delay in effectiveness would not prevent vessel owners from applying to be placed in the partial observer coverage category, but NMFS would not be able to approve placement of eligible catcher/processors in the partial observer coverage category until the effective date of the final rule. This would require vessel owners to bear the costs of the full observer coverage category or delay fishing for up to 30 days. Public comment received on the proposed rule overwhelmingly requested that NMFS implement this action as soon as possible in 2016.

    Most of the catcher/processors that will be eligible to be placed in the partial observer coverage category under this final rule participate in the sablefish IFQ fisheries or fish for Pacific cod. Pacific cod opened for directed fishing in most areas off Alaska on January 1, 2016, and the sablefish IFQ fishing season started on March 19, 2016. Under existing regulations, any catcher/processors not placed in the partial observer coverage category are in the full observer coverage category and required to carry an observer at all times while fishing in the GOA or BSAI. As noted in the proposed rule and Analysis, the full observer coverage category imposes costs on vessel owners that generally exceed the costs of being placed in the partial observer coverage category. Allowing the owners of catcher/processors to apply to be placed in the partial observer coverage category as soon as possible in 2016 would minimize the cost of observer coverage for these vessel owners.

    Waiving the 30-day delay in this final rule's effectiveness will help maximize economic opportunities for these commercial fishermen in the BSAI and GOA during the 2016 fishing year and will allow qualifying vessel owners to start operating under partial observer coverage requirements as soon as the vessel owner receives notification from NMFS that the vessel is placed in the partial observer coverage category.

    There is no administrative need for additional time beyond the point of notification from NMFS. This is a non-controversial action that affects a small number of vessel owners. NMFS is unaware of any participants who would not be in favor of or who would be potentially harmed by waiving the 30-day delay in effectiveness. Without waiving the 30-day delay in effectiveness, vessel owners affected by this final rule that are currently in full observer coverage would have to wait an additional 30 days after publication of this final rule to be placed in partial observer coverage, which would delay the associated economic opportunities being sought through this final rule, thus undermining its intent.

    For these reasons, the NMFS Assistant Administrator waives the 30-day delay in effectiveness of this final rule and will accept applications from the owners of catcher/processors to be placed in the partial observer coverage category on the day that this final rule is published in the Federal Register.

    Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. The preamble to the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)) and the preamble to this final rule serve as the small entity compliance guide. This final rule does not require any additional compliance from small entities that is not described in the preamble to the proposed rule and this final rule. Copies of the proposed rule and this final rule are available from NMFS at the following Web site: http://alaskafisheries.noaa.gov.

    Final Regulatory Flexibility Analysis (FRFA)

    Section 604 of the Regulatory Flexibility Act requires an agency to prepare a FRFA after being required by that section or any other law to publish a general notice of proposed rulemaking and when an agency promulgates a final rule under section 553 of Title 5 of the U.S. Code. The following paragraphs constitute the FRFA for this action.

    Section 604 describes the required contents of a FRFA: (1) A statement of the need for, and objectives of, the rule; (2) a statement of the significant issues raised by the public comments in response to the initial regulatory flexibility analysis, a statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; (3) the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments; (4) a description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available; (5) a description of the projected reporting, recordkeeping and other compliance requirements of the rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; and 6) a description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected.

    Need for and Objectives of the Rule

    A description of the need for, and objectives of, the rule is contained in the preamble to the proposed rule and this final rule and is not repeated here. This FRFA incorporates the Initial Regulatory Flexibility Analysis (IRFA) and the summary of the IRFA in the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775)).

    Summary of Significant Issues Raised During Public Comment

    NMFS published a proposed rule on December 29, 2015 (80 FR 81262; corrected January 22, 2016 (81 FR 3775)). An IRFA was prepared and summarized in the Classification section of the preamble to the proposed rule. The comment period closed on January 28, 2016. NMFS received 3 letters of public comment on the proposed rule. These comment letters did not address the IRFA. The comments did address the economic impacts of the rule generally by requesting that the rule be implemented as soon as possible to help maximize economic opportunities for commercial fishermen in the BSAI and GOA during the 2016 fishing year by allowing qualifying vessels to start operating under partial observer coverage requirements as soon as the vessel owner receives notification from NMFS that the vessel is placed in the partial observer coverage category. The Chief Counsel for Advocacy of the Small Business Administration did not file any comments on the proposed rule.

    Number and Description of Small Entities Regulated by the Action

    NMFS expects that up to 11 vessels will qualify for placement in the partial observer coverage category (See the Classification section of the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775))). NMFS estimates that up to 9 of the 11 vessels identified are considered directly regulated small entities.

    Recordkeeping, Reporting, and Other Compliance Requirements

    This action contains one new reporting and recordkeeping requirement that affects the small entities. Vessel owners desiring to be placed in the partial observer coverage category for a fishing year must submit a form expressing that choice by July 1 (except for the 2016 fishing year).

    This form will use production data that will be available to the owner on the eLandings Web site. Given the simplicity of the form, and the accessibility of the data needed to complete it, NMFS estimates that it will take no more than 30 minutes to complete and file the form. For Paperwork Reduction Act estimation purposes, NMFS values this type of effort at $37 per hour. Approximately nine small entities could be affected by this requirement. Thus, the total public time required to complete nine forms a year x 30 minutes is 4.5 hours. At a cost of $37 per hour, the estimated cost is about $167.

    Description of Significant Alternatives to the Final Action That Minimize Adverse Impacts on Small Entities

    A FRFA must describe the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statues, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency that affect the impact on small entities was rejected. “Significant alternatives” are those that achieve the stated objectives for the action, consistent with prevailing law, with potentially lesser adverse economic impacts on small entities as a whole.

    The Council and NMFS considered a range of alternatives and options to the preferred alternative that is implemented by this final rule. These alternatives and options are described in Section 2 of the RIR/IRFA and are not repeated here. The Council and NMFS did not identify alternatives to the preferred alternative that would minimize the impact on small entities better than the preferred alternative and still meet the objectives for this final rule—to provide a relatively limited exception to the general requirement that all catcher/processors are in the full observer coverage category, and maintain the full observer coverage requirement for all trawl catcher/processors and catcher/processors participating in a catch share program that requires full observer coverage.

    The preferred alternative implemented by this final rule modifies existing regulations that are necessary to meet the objectives of this final rule. The preferred alternative is not anticipated to have adverse impacts on small entities. As noted in the IRFA, this action is expected to create a net benefit for the directly regulated small entities. In other words, the benefits of this action are expected to outweigh the reporting, recordkeeping, and other compliance costs described above.

    The Council and NMFS adopted the average weekly production threshold of 79,000 lb (35.8 mt) as its preferred alternative. This production threshold allows a catcher/processor to qualify for placement in the partial observer coverage category for a year, if its round weight equivalent of their processed product, two years previous, averaged less than 79,000 lb (35.8 mt) a week. If the vessel had not operated two years previously, NMFS will use its production in the first year with production since 2009, inclusive of 2009. If the vessel has not produced in this period, NMFS will allow the vessel to be placed in the partial observer coverage category in the year in which application is made, unless it is a trawl vessel, in which case it will be in the full observer coverage category.

    This action reduces the relative burden on directly regulated small catcher/processors in comparison with the status quo. Vessels that qualify can forego full observer coverage and operate with less expensive partial observer coverage, should they choose to do so. The three catcher/processors that were permanently placed in the partial observer coverage category under the status quo now have to qualify for placement in the partial observer coverage category each year. The Council and NMFS chose the 79,000-lb average weekly threshold, rather than an alternative 42,000-lb average weekly threshold, to maximize the potential for these three vessels to qualify for the option to be placed in the partial observer coverage category in future years. Moreover, one of the objectives of this action was to end permanent placement in the partial observer coverage category for catcher/processor vessels and create a flexible system that could respond if a vessel increased production.

    The Council and NMFS considered multiple elements and options under Alternative 2 that would qualify more vessels or fewer vessels for placement in the partial observer coverage category. In addition to the two average weekly production thresholds, a low and a high average daily, maximum daily production, maximum weekly, and annual production measures were considered.

    The production thresholds analyzed under Element 1 Option 4B (high maximum weekly production) and Option 5B (high annual production) could have qualified one more small catcher/processor for partial observer coverage than is qualified under the preferred alternative (Option 2B: average weekly production threshold of 79,000 lb). The Council and NMFS did not select Option 4B because basing a threshold on maximum weekly production would have excluded some catcher/processors that had one week of relatively high production, but had relatively low average production over the remainder of the year. The Council did not select Option 5B because it would allow catcher/processors with relatively high production levels over the course of several weeks or months during the year into the partial observer coverage category. NMFS recommended that catcher/processors with these high intensity production periods during the year should remain in the full observer coverage category so that all of their fishing activity is observed.

    The average weekly measure was chosen, because it provided a measure of production intensity, which the annual, maximum daily, and maximum weekly measures, did not provide; it was readily measurable; and it was less prone to manipulation or unusually high levels of production than the other options considered. A week is also the standard measure of production for a catcher/processor trip in current regulation (Section 2.2.1 of the Analysis and the Classification section of the proposed rule (80 FR 81262, December 29, 2015; corrected January 22, 2016 (81 FR 3775))).

    Collection-of-Information Requirements

    This final rule contains collection-of-information requirements subject to the Paperwork Reduction Act (PRA) which have been approved by Office of Management and Budget (OMB) under control numbers 0648-0318, 0648-0515, and 0648-0711. The information collections are presented by OMB control number.

    OMB Control No. 0648-0318

    Public reporting burden for Catcher/Processor Observer Partial Coverage Request is estimated to average 30 minutes per response.

    OMB Control No. 0648-0515

    Public reporting burden for Catcher/Processor Landing Report through eLandings is estimated to average one minute per response.

    OMB Control No. 0648-0711

    Public reporting burden for submittal of Observer Fee through eFISH is estimated to average 1 minute per response.

    Send comments regarding these burden estimates or any other aspect of these collections, including suggestions for reducing the burden, to NMFS (see ADDRESSES), and by email to [email protected] or fax to 202-395-5806.

    Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

    List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: March 23, 2016. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is amended as follows:

    PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for 50 CFR part 679 continues to read as follows: Authority:

    16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108-447; Pub. L. 111-281

    2. In § 679.2, add paragraph (3)(iii) to the definition of “Fishing trip” to read as follows:
    § 679.2 Definitions.

    Fishing trip means: * * *

    (3) * * *

    (iii) For a catcher/processor in the partial observer coverage category, the period of time that begins when the vessel departs a port to harvest fish until the vessel returns to port and offloads all processed product.

    3. In § 679.5, add paragraph (e)(13) to read as follows:
    § 679.5 Recordkeeping and reporting (R&R).

    (e) * * *

    (13) Catcher/processor landing report. (i) The operator of a catcher/processor placed in the partial observer coverage category under § 679.51(a)(3) must use eLandings or other NMFS-approved software to submit a catcher/processor landing report to NMFS for each fishing trip conducted while that catcher/processor is in the partial observer coverage category.

    (ii) The vessel operator must log into eLandings or other NMFS-approved software and provide the information required on the computer screen. Additional instructions for submitting a catcher/processor landing report is on the Alaska Region Web site at http://alaskafisheries.noaa.gov.

    (iii) For purposes of this landing report requirement, the end of a fishing trip is defined in § 679.2, paragraph (3)(iii) of the definition of a fishing trip.

    (iv) The vessel operator must submit the catcher/processor landing report to NMFS by 2400 hours, A.l.t., on the day after the end of the fishing trip.

    4. In § 679.51, a. Revise paragraphs (a)(1)(i) and (a)(2)(i)(A); b. Remove and reserve paragraphs (a)(2)(iv)(B) and (a)(2)(v); c. Add paragraph (a)(3); and d. Revise paragraph (e)(1)(iii)(B) introductory text to read as follows:
    § 679.51 Observer requirements for vessels and plants.

    (a) * * *

    (1) * * *

    (i) Vessel classes in partial coverage category. Unless otherwise specified in paragraph (a)(2) of this section, the following catcher vessels and catcher/processors are in the partial observer coverage category when fishing for halibut with hook-and-line gear or when directed fishing for groundfish in a federally managed or parallel groundfish fishery, as defined at § 679.2:

    (A) A catcher vessel designated on an FFP under § 679.4(b)(1); or

    (B) A catcher vessel when fishing for halibut with hook-and-line gear and while carrying a person named on a permit issued under § 679.4(d)(1)(i), § 679.4(d)(2)(i), or § 679.4(e)(2), or for sablefish IFQ with hook-and-line or pot gear and while carrying a person named on a permit issued under § 679.4(d)(1)(i) or § 679.4(d)(2)(i); or

    (C) A catcher/processor placed in the partial observer coverage category under paragraph (a)(3) of this section.

    (2) * * *

    (i) * * *

    (A) Catcher/processors, except a catcher/processor placed in the partial observer coverage category under paragraph (a)(3) of this section;

    (3) Catcher/processor placement in the partial observer coverage category for a year—(i) Definitions. For purposes of this paragraph (a)(3), these terms are defined as follows:

    (A) Average weekly groundfish production means the annual groundfish round weight production estimate for a catcher/processor, divided by the number of separate weeks during which production occurred, as determined by production reports, excluding any groundfish caught using trawl gear.

    (B) Fishing year means the year during which a catcher/processor might be placed in partial observer coverage.

    (C) Standard basis year means the fishing year minus two years.

    (D) Alternate basis year means the most recent year before the standard basis year in which a catcher/processor had any groundfish production but not earlier than 2009.

    (ii) Deadline for requesting partial observer coverage. For the 2017 fishing year and every fishing year after 2017, the deadline for requesting partial observer coverage is July 1 of the year prior to the fishing year.

    (iii) Requirements for placing a catcher/processor in the partial observer coverage category. NMFS will place a catcher/processor in the partial observer coverage category for a fishing year if the owner of the catcher/processor requests placement in partial observer coverage by the deadline for requesting partial observer coverage for that fishing year and the catcher/processor meets the following requirements:

    (A) An average weekly groundfish production of:

    (1) 79,000 lb (35.8 mt) or less, but more than zero lb, in the standard basis year; or

    (2) Zero lb in the standard basis year and 79,000 lb (35.8 mt) or less, but more than zero lb, in the alternate basis year; or

    (3) Had no production from 2009 through the standard basis year; and

    (B) Is not a catcher/processor using trawl gear; and

    (C) Is not subject to additional observer coverage requirements in paragraph (a)(2)(vi) of this section.

    (iv) How to request placement of a catcher/processor in partial observer coverage. A vessel owner must submit a request form to NMFS. The request form must be completed with all required fields accurately completed. The request form is provided by NMFS and is available on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov). The submittal methods are described on the form.

    (v) Notification of placement in the partial observer coverage category. NMFS will notify the owner if the catcher/processor has been placed in the partial observer coverage category in writing. Until NMFS provides notification, the catcher/processor is in the full observer coverage category for that fishing year.

    (vi) Initial Administrative Determination (IAD). If NMFS denies a request to place a catcher/processor in the partial observer coverage category, NMFS will provide an IAD, which will explain the basis for the denial.

    (vii) Appeal. If the owner of a catcher/processor wishes to appeal NMFS' denial of a request to place a catcher/processor in the partial observer coverage category, the owner may appeal the determination under the appeals procedure set out at 15 CFR part 906.

    (e) * * *

    (1) * * *

    (iii) * * *

    (B) Communication equipment requirements. In the case of an operator of a catcher/processor (except for a catcher/processor placed in the partial observer coverage category under paragraph (a)(3) of this section), a mothership, a catcher vessel 125 ft LOA or longer (except for a vessel fishing for groundfish with pot gear), or a catcher vessel participating in the Rockfish Program:

    5. In § 679.55, revise paragraphs (a) and (c) to read as follows:
    § 679.55 Observer fees.

    (a) Responsibility. The owner of a shoreside processor or stationary floating processor named on a Federal Processing Permit (FPP), a catcher/processor named on a Federal Fisheries Permit (FFP), or a person named on a Registered Buyer permit at the time of the landing subject to the observer fee as specified at § 679.55(c) must comply with the requirements of this section. Subsequent non-renewal of an FPP, FFP, or a Registered Buyer permit does not affect the permit holder's liability for noncompliance with this section.

    (c) Landings subject to the observer fee. The observer fee is assessed on landings by vessels not in the full observer coverage category described at § 679.51(a)(2) according to the following table:

    If fish in the landing by a catcher vessel or production by a catcher/processor is from the following fishery or species: Is fish from the landing subject to the observer fee? If the vessel is not designated on an FFP or required to be
  • designated on an FFP:
  • If the vessel is designated on an FFP or required to be designated on an FFP:
    (1) Groundfish listed in Table 2a to this part that are harvested in the EEZ and subtracted from a total allowable catch limit specified under § 679.20(a) Not applicable, an FFP is required to harvest these groundfish in the EEZ Yes. (2) Groundfish listed in Table 2a to this part that are harvested in Alaska State waters, including in a parallel groundfish fishery, and subtracted from a total allowable catch limit specified under § 679.20(a) No Yes. (3) Sablefish IFQ, regardless of where harvested Yes Yes. (4) Halibut IFQ or halibut CDQ, regardless of where harvested Yes Yes. (5) Groundfish listed in Table 2a to this part that are harvested in Alaska State waters, but are not subtracted from a total allowable catch limit under § 679.20(a) No No. (6) Any groundfish or other species not listed in Table 2a to part 679, except halibut IFQ or CDQ halibut, regardless of where harvested No No.
    §§ 679.2 and 679.5 [Amended]
    6. At each of the locations shown in the “Location” column, remove the phrase indicated in the “Remove” column and replace it with the phrase indicated in the “Add” column for the number of times indicated in the “Frequency” column. Location Remove Add Frequency § 679.2 Definition of “Suspension” § 679.50 § 679.53 1 § 679.2 Definition of “Suspension” § 679.50(j) § 679.53(c) 1 § 679.5(e)(10)(iv)(B) required to have 100 percent observer coverage or more in the groundfish and halibut fishery full observer coverage category described at § 679.51(a)(2) 1
    [FR Doc. 2016-07019 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
    81 60 Tuesday, March 29, 2016 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD] RIN 2120-AA64 Airworthiness Directives; Honeywell International Inc. Turboprop Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede airworthiness directive (AD) 2015-12-04, which applies to all Honeywell International Inc. (Honeywell) TPE331-1, -2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP, -10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR turboprop engines with certain Woodward fuel control unit (FCU) assemblies, installed. AD 2015-12-04 currently requires initial and repetitive dimensional inspections of the affected fuel control drives and insertion of certain airplane operating procedures into the applicable flight manuals. This proposed AD would correct compliance requirements and relax the inspection interval. We are proposing this AD to prevent failure of the fuel control drive, damage to the engine, and damage to the airplane.

    DATES:

    We must receive comments on this proposed AD by May 31, 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 proposed AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal. 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-2006-23706.

    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-2006-23706; 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:

    Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this NPRM. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 NPRM.

    Discussion

    On June 5, 2015, we issued AD 2015-12-04, Amendment 39-18177, (80 FR 34534, June 17, 2015) (“AD 2015-12-04”), for all Honeywell International Inc. TPE331-1, -2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP, -10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR turboprop engines with certain Woodward FCU assemblies, installed. AD 2015-12-04 requires initial and repetitive dimensional inspections of the affected fuel control drives and insertion of certain airplane operating procedures into the applicable flight manuals. AD 2015-12-04 resulted from reports of loss of the fuel control drive, leading to engine overspeed, overtorque, overtemperature, uncontained rotor failure, and asymmetric thrust in multi-engine airplanes. We issued AD 2015-12-04 to prevent failure of the fuel control drive, damage to the engine, and damage to the airplane.

    Actions Since AD 2015-12-04 Was Issued

    We received a request to change compliance time from 50 hours to 100 hours for fuel control part numbers affected by paragraph (e)(2) of this AD. We concluded that because the number of fuel control drives in-service that had not completed an initial inspection was small, changing the compliance time to 100 hours would not add additional risk of fuel control drive failure and, therefore, is appropriate.

    We also received reports that some airplanes do not use the condition lever to shut down the engine, and so could not comply with the AD. We concluded that references to a condition lever were inappropriate. This proposed AD eliminates references to a condition lever.

    Related Service Information

    We reviewed Honeywell Operating Information Letter (OIL) OI331-12R6, dated May 26, 2009, for multi-engine airplanes; and OIL OI331-18R4, dated May 26, 2009, for single-engine airplanes and Honeywell TPE331 maintenance manuals. The service information describes procedures for conducting fuel control drive inspections and engine shutdown.

    FAA's Determination

    We are proposing this NPRM because we information evaluated all the relevant 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 NPRM would increase the inspection time limits for the FCU assembly from 50 to 100 hours-in-service in Compliance paragraph (e)(2) of this AD. This NPRM would also delete reference to the condition lever.

    Costs of Compliance

    We estimate that this proposed AD affects 2,250 engines installed on airplanes of U.S. registry. We also estimate that it would take about 8 hours per engine to comply with this proposed AD. The average labor rate is $85 per hour. We estimate that 10% of affected engines will require FCU assembly stub shaft replacement and fuel pump or fuel control repair. We also estimate that repairs will cost about $10,000 per engine. Based on these figures, we estimate the cost of this AD on U.S. operators to be $525,587 per year.

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We have determined that this 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 that the proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing airworthiness directive (AD) 2015-12-04, Amendment 39-18177 (80 FR 34534, June 17, 2015) (“AD 2015-12-04”), and adding the following new AD: Honeywell International Inc.: Docket No. FAA-2006-23706; Directorate Identifier 2006-NE-03-AD. (a) Comments Due Date

    The FAA must receive comments on this AD action by May 31, 2016.

    (b) Affected ADs

    This AD replaces AD 2015-12-04.

    (c) Applicability

    This AD applies to all Honeywell International Inc. (Honeywell) TPE331-1, -2, -2UA, -3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -10, -10AV, -10GP, -10GT, -10P, -10R, -10T, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR turboprop engines with Woodward fuel control unit (FCU) assemblies with Honeywell part numbers (P/Ns) as listed in Table 1 to paragraph (c) of this AD, installed.

    Table 1 to Paragraph (c)—Affected FCU Assembly P/Ns Group # Engine FCU Assembly P/Ns 1 TPE331-1, -2, and -2UA P/N 869199-13, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, and -35. 2 TPE331-1, -2, and -2UA P/N 869199-9, -10, -11, -12, -14, -16, -17, and -18. 3 TPE331-3U, -3UW, -5, -5A, -5AB, -5B, -6, -6A, -l0AV, -10GP, -10GT, -10P, and -10T P/N 893561-7, -8, -9, -10, -11, -14, -15, -16, -20, -26, -27, -29; and
  • P/N 897770-1, -3, -7, -9, -10, -11, -12, -14, -15, -16, -25, -26, and -28.
  • 4 TPE331-3U, -3UW, -5, -5B, -6, -6A, and -10T P/N 893561-4, -5, -12, -13; and
  • P/N 897770-5, -8, and -13.
  • 5 TPE331-10, -l0R, -10U, -10UA, -10UF, -10UG, -10UGR, -10UR, -11U, -12JR, -12UA, -12UAR, and -12UHR P/N 897375-2, -3, -4, -5, -8, -9, -10, -11, -12, -13, -14, -15, -16, -17, -19, -21, -24, -25, -26, -27; and
  • P/N 897780-1, -2, -3, -4, -5, -6, -7, -8, -9, -10, -11, -14, -15, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -30, -32, -34, -36, -37, -38; and
  • P/N 893561-17, -18, and -19.
  • (d) Unsafe Condition

    This AD was prompted by reports of loss of the fuel control drive, leading to engine overspeed and engine failure. We are issuing this AD to prevent failure of the fuel control drive, damage to the engine, and damage to the airplane.

    (e) Compliance

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

    (1) Inspection of Engines With FCU Assembly P/Ns in Groups 2 or 4

    For FCU assembly P/Ns in Groups 2 or 4 listed in Table 1 to paragraph (c) of this AD:

    (i) At the next scheduled inspection of the fuel control drive, or within 500 hours-in-service (HIS) after the effective date of this AD, whichever occurs first, inspect the fuel control drive for wear.

    (ii) Thereafter, re-inspect the fuel control drive within every 1,000 HIS since-last-inspection (SLI).

    (2) Inspection of Engines With FCU Assembly P/Ns in Groups 1, 3, or 5

    For FCU assembly P/Ns in Groups 1, 3, or 5 listed in Table 1 to paragraph (c) of this AD:

    (i) If on the effective date of this AD the FCU assembly has 900 or more HIS SLI, inspect the fuel control drive for wear within 100 HIS after the effective date of this AD.

    (ii) If on the effective date of this AD the FCU assembly has fewer than 900 HIS SLI, inspect the fuel control drive for wear within 1,000 HIS.

    (iii) Thereafter, re-inspect the fuel control drive for wear within every 1,000 HIS SLI.

    (3) Airplane Operating Procedures

    Within 60 days after the effective date of this AD, insert the information in Figure 1 to paragraph (e) of this AD, into the Emergency Procedures Section of the applicable Airplane Flight Manual (AFM), Pilot Operating Handbook (POH), or the Manufacturer's Operating Manual (MOM).

    EP29MR16.000 (f) Optional Terminating Action

    Replacing the affected FCU assembly with an FAA-approved FCU assembly not listed in this AD by P/N is terminating action for the initial and repetitive inspections required by this AD, and for inserting the information in Figure 1 to paragraph (e) of this AD into the AFM, POH, and MOM.

    (g) Definitions

    For the purposes of this AD:

    (1) The “fuel control drive” is a series of mating splines located between the fuel pump and fuel control governor.

    (2) The fuel control drive consists of four drive splines: The fuel pump internal spline, the fuel control external “quill shaft” spline, and the stub shaft internal and external splines.

    (h) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.

    (i) Related Information

    (1) For more information about this AD, contact Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    (2) Information pertaining to operating recommendations for affected engines after a fuel control drive failure is contained in Honeywell Operating Information Letter (OIL) OI331-12R6, dated May 26, 2009, for multi-engine airplanes; and OIL OI331-18R4, dated May 26, 2009, for single-engine airplanes. Information on fuel control drive inspection can be found in Section 72-00-00 of the applicable TPE331 maintenance manuals. These Honeywell OILs and the TPE331 maintenance manuals can be obtained from Honeywell using the contact information in paragraph (i)(3) of this proposed AD.

    (3) For service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal.

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

    Issued in Burlington, Massachusetts, on March 15, 2016. Ann C. Mollica, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2016-06936 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-5034; Directorate Identifier 2015-NM-172-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 all The Boeing Company Model 737-600, -700, -700C, -800, -900, and 900ER series airplanes. This proposed AD was prompted by an evaluation by the design approval holder (DAH) indicating that the S-14L and S-14R lap splices are subject to widespread fatigue damage (WFD). This proposed AD would require repetitive low frequency eddy current inspections for cracking in the lower fastener row of the S-14L and S-14R lap splices and repair if necessary. We are proposing this AD to detect and correct widespread cracking in the S-14L and S-14R lap splices that could rapidly link up and result in possible rapid decompression and reduced structural integrity of the airplane.

    DATES:

    We must receive comments on this proposed AD by May 13, 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-2016-5034.

    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-2016-5034; 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:

    Jason Deutschman, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6595; 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-2016-5034; Directorate Identifier 2015-NM-172-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

    Structural fatigue damage is progressive. It begins as minute cracks, and those cracks grow under the action of repeated stresses. This can happen because of normal operational conditions and design attributes, or because of isolated situations or incidents such as material defects, poor fabrication quality, or corrosion pits, dings, or scratches. Fatigue damage can occur locally, in small areas or structural design details, or globally. Global fatigue damage is general degradation of large areas of structure with similar structural details and stress levels. Multiple-site damage is global damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Global damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site-damage and multiple-element-damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane, in a condition known as WFD. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention.

    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved.

    The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions.

    In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes.

    We received reports that the existing inspection program is not sufficient to preclude the occurrence of WFD in the S-14L and S-14R lap splices. This condition, if not corrected, could result in widespread cracking that could rapidly link up and result in possible rapid decompression and reduced structural integrity of the airplane.

    Relevant Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1352, dated October 2, 2015. The service information describes procedures for low frequency eddy current inspections for cracking in the lower fastener row of the S-14L and S-14R lap splices and repair. 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 these same type designs.

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.” For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-5034.

    Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-53A1352, dated October 2, 2015, specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways:

    • In accordance with a method that we approve; or

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

    Costs of Compliance

    We estimate that this proposed AD affects 1,513 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection for Group 1 airplanes (1,471 airplanes) 84 work-hours × $85 per hour = $7,140 per inspection cycle $0 $7,140 per inspection cycle $10,502,940 per inspection cycle. Inspection for Group 2 airplanes (42 airplanes) 65 work-hours × $85 per hour = $5,525 per inspection cycle $0 $5,525 per inspection cycle $232,050 per inspection cycle.

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We 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-2016-5034; Directorate Identifier 2015-NM-172-AD. (a) Comments Due Date

    We must receive comments by May 13, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

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

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the S-14L and S-14R lap splices are subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct widespread cracking in the S-14L and S-14R lap splices that could rapidly link up and result in possible rapid decompression and reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections

    At the applicable compliance time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1352, dated October 2, 2015, do a low frequency eddy current inspection for cracking of the lower fastener row of S-14L and S-14R lap splices, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1352, dated October 2, 2015. Repeat the inspection thereafter at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1352, dated October 2, 2015. If any cracking is found, before further flight, repair using a method approved in accordance with the procedures specified in paragraph (h) of this AD.

    (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)(1) of this AD. Information may be emailed to: [email protected]

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

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, 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) of this AD apply.

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

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

    (i) Related Information

    (1) For more information about this AD, contact Jason Deutschman, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6595; 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 20, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-07023 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-5035; Directorate Identifier 2015-NM-042-AD] RIN 2120-AA64 Airworthiness Directives; Fokker Services B.V. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 0070 and Mark 0100 airplanes. This proposed AD was prompted by reports of cracking in a certain area of the pressure bulkhead webplate and skin connection angle. This proposed AD would require a one-time inspection of the affected pressure bulkhead webplate and skin connection angle, and corrective actions if necessary. We are proposing this AD to detect and correct cracking of the pressure bulkhead webplate and skin connection angle that could lead to sudden inflight decompression of the airplane resulting in injury to occupants.

    DATES:

    We must receive comments on this proposed AD by May 13, 2016.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this proposed AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.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-2016-5035; 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:

    Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1139.

    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-2016-5035; Directorate Identifier 2015-NM-042-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

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0024, dated February 19, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Fokker Services B.V. Model F.28 Mark 0070 and Mark 0100 series airplanes. The MCAI states:

    Service experience with the Fokker 100 type design has shown that cracking can occur in the pressure bulkhead webplate and skin connection angle on the right hand (RH) side at station 14911 (station 12447 for F28 Mark 0070) at stringer 67 of fuselage section 2, before reaching the existing threshold for inspection per ALS [Airworthiness Limitations Section] task 533016-00-03 (F28 Mark 0100) or task 533016-01-03 (F28 Mark 0070). Any cracks in this area are not visible from the outside (covered by fairing) until they reach a critical length.

    This condition, if not detected and corrected, could lead to sudden in-flight decompression of the aeroplane, possibly resulting in injury to occupants.

    To address this potential unsafe condition, Fokker Services published Service Bulletin (SB) SBF100-53-128, which provides inspection instructions to detect any crack in the affected area.

    For the reasons described above, this [EASA] AD requires a one-time inspection of the affected pressure bulkhead webplate and skin connection angle, and, depending on findings, accomplishment of applicable corrective action(s).

    This AD is considered to be an interim action and further AD action may follow, possibly to lower the current ALS task threshold, if justified by the inspection results.

    Corrective actions include repair of cracking in the skin connection angle and pressure bulkhead webplate, as applicable.

    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-2016-5035.

    Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF100-53-128, dated November 12, 2014; and Fokker Service Bulletin SBF100-53-129, dated February 16, 2015. The service information describes procedures for inspection of the affected pressure bulkhead webplate and skin connection angle, and corrective actions if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    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 the same type design.

    Differences Between This Proposed AD and the MCAI and Service Information

    Although the MCAI and service information allow further flight after cracks are found during compliance with the proposed actions, paragraph (g)(2) of this proposed AD requires that you repair the crack before further flight.

    Costs of Compliance

    We estimate that this proposed AD affects 8 airplanes of U.S. registry.

    We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD, and 1 work-hour per product for reporting. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $1,360, or $170 per product.

    In addition, we estimate that any necessary follow-on actions would take about 46 work-hours and require parts costing $2,000, for a cost of $5,910 per product. We have no way of determining the number of aircraft that might need these actions.

    Paperwork Reduction Act

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We determined that this 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): Fokker Services B.V.: Docket No. FAA-2016-5035; Directorate Identifier 2015-NM-042-AD. (a) Comments Due Date

    We must receive comments by May 13, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and F.28 Mark 0100 airplanes, all serial numbers, certificated in any category.

    (d) Subject

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

    (e) Reason

    This AD was prompted by reports of cracking in the pressure bulkhead webplate and skin connection angle on the right-hand (RH) side at station 14911 (for Model F.28 Mark 0100 airplanes) or station 12447 (for Model F.28 Mark 0070 airplanes) at stringer 67 of fuselage section 2. We are issuing this AD to detect and correct cracking of the pressure bulkhead webplate and skin connection angle that could lead to sudden inflight decompression of the airplane resulting in injury to occupants.

    (f) Compliance

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

    (g) Inspection

    At the time specified in paragraph (h) of this AD: Do a detailed inspection of the pressure bulkhead webplate and skin connection angle on the RH side at station 14911 (for Model F28 Mark 0100 airplanes) or station 12447 (for Model F28 Mark 0070 airplanes) at stringer 67 of fuselage section 2, as applicable, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-53-128, dated November 12, 2014. This AD does not require action for airplanes which, as of the effective date of this AD, have accumulated less than 30,000 flight cycles.

    (1) If any crack is found in the skin connection angle, before further flight, repair the skin connection angle, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-53-129, dated February 16, 2015.

    (2) If any crack is found in the pressure bulkhead webplate, before further flight, repair the pressure bulkhead webplate, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-53-129, dated February 16, 2015.

    (h) Compliance Times

    At the applicable time specified in (h)(1) or (h)(2) of this AD, do the actions required by paragraph (g) of this AD.

    (1) For airplanes that have accumulated less than 40,000 total flight cycles as of the effective date of this AD, do the actions in paragraph (g) within 2,000 flight cycles after the effective date of this AD.

    (2) For airplanes that have accumulated 40,000 or more total flight cycles as of the effective date of this AD, do the actions in paragraph (g) within 750 flight cycles after the effective date of this AD.

    (i) Reporting

    Submit a report of the findings (both positive and negative) of the inspection required by paragraph (g) of this AD to Fokker Services B.V. Engineering, Quality Department P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.com in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-53-128, dated November 12, 2014, at the applicable time specified in paragraph (i)(1) or (i)(2) of this AD. The report must include the inspection results; the airplane serial number; the total number of flight cycles and flight hours on the airplane; a sketch or photo to show the location of the crack(s) and damaged part(s), if applicable; and the length of each crack, if applicable.

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

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

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

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

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) European Aviation Safety Agency (EASA) Airworthiness Directive 2015-0024, dated February 19, 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-2016-5035.

    (2) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 (0)88-6280-111; email [email protected]; Internet http://www.myfokkerfleet.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 20, 2016. Michael Kaszycki, Acting Manager Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-07022 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-4234; Airspace Docket No. 16-ACE-3] Proposed Amendment of Class E Airspace for the Following Kansas Towns; Belleville, KS; Johnson, KS; Marysville, KS; Pittsburg, KS; and Washington, KS AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Belleville Municipal Airport, Belleville, KS; Stanton County Municipal, Johnson, KS; Marysville Municipal Airport, Marysville, KS; Atkinson Municipal Airport, Atkinson, KS; and Washington County Memorial Airport, Washington, KS. Decommissioning of non-directional radio beacon (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safe management of Instrument Flight Rules (IFR) operations at the above airports. This action also updates the geographic coordinates at Marysville Municipal Airport and Atkinson Municipal Airport to coincide with the FAA's aeronautical database.

    DATES:

    Comments must be received on or before May 13, 2016.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826. You must identify FAA Docket No. FAA-2016-4234; Airspace Docket No. 16-ACE-3, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527), is on the ground floor of the building at the above address.

    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2016-4234/Airspace Docket No. 16-ACE-3.” The postcard will be date/time stamped and returned to the commenter.

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177.

    Persons interested in being placed on a mailing list for future NPRMs should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface at Belleville Municipal Airport, Belleville, KS; Stanton County Municipal, Johnson, KS; Marysville Municipal Airport, Marysville, KS; Atkinson Municipal Airport, Atkinson, KS; and Washington County Memorial Airport, Washington, KS. Airspace reconfiguration is necessary due to the decommissioning of non-directional radio beacons (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures at the above airports. Controlled airspace is necessary for the safety and management of the standard instrument approach procedures for IFR operations at the airports. The geographic coordinates for Atkinson Municipal Airport would be updated to be in concert with the FAA aeronautical database.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6005: Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ACE KS E5 Belleville, KS [Amended] Belleville Municipal Airport, KS (Lat. 39°49′04″ N., long. 97°39′35″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Belleville Municipal Airport.

    ACE KS E5 Johnson, KS [Amended] Stanton County Municipal Airport, KS (Lat. 37°35′07″ N., long. 101°43′56″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Stanton County Municipal Airport.

    ACE KS E5 Marysville, KS [Amended] Marysville Municipal Airport, IA (Lat. 39°51′23″ N., long. 96°37′51″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Marysville Municipal Airport.

    ACE KS E5 Pittsburg, KS [Amended] Pittsburg, Atkinson Municipal Airport, KS (Lat. 37°26′58″ N., long. 94°43′52″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Atkinson Municipal Airport.

    ACE KS E5 Washington, KS [Amended] Washington County Memorial Airport, KS (Lat. 39°44′07″ N., long. 97°02′51″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of Washington County Memorial Airport.

    Issued in Fort Worth, Texas, on March 16, 2016. Walter Tweedy, Acting Manager, Operations Support Group, Central Service Center.
    [FR Doc. 2016-06938 Filed 3-28-16; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0034; FRL-9943-67] Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of filing of petition and request for comment.

    SUMMARY:

    This document announces EPA's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

    DATES:

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

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0034, by one of the following methods:

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

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

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

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

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

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, EPA seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the agency taking?

    EPA is announcing receipt of a pesticide petition filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. EPA is taking public comment on the request before responding to the petitioner. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petition described in this document contains data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the pesticide petition. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on this pesticide petition.

    Pursuant to 40 CFR 180.7(f), a summary of the petition that is the subject of this document, prepared by the petitioner, is included in a docket EPA has created for this rulemaking. The docket for this petition is available at http://www.regulations.gov.

    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petition so that the public has an opportunity to comment on this request for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit.

    PP 5F8418. Southern Gardens Citrus, 1820 County Road 833, Clewiston, FL 33440, requests to establish an exemption from the requirement of a tolerance for residues of the microbial pesticides Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8 alone or in various combinations (GE CTV-SoD) in or on citrus fruit (Citrus spp., Fortunella spp., Crop Group 10-10). The petitioner believes no analytical method is needed because an exemption from the requirement of a tolerance is being sought.

    Authority:

    21 U.S.C. 346a.

    Dated: March 22, 2016. Mark A. Hartman, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-07084 Filed 3-28-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration 42 CFR Part 100 National Vaccine Injury Compensation Program: Statement of Reasons for Not Conducting Rulemaking Proceedings AGENCY:

    Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS).

    ACTION:

    Denial of petition for rulemaking.

    SUMMARY:

    In accordance with section 2114(c)(2)(B) of the Public Health Service Act, 42 U.S.C. 300aa-14(c)(2)(B), notice is hereby given concerning the reasons for not conducting rulemaking proceedings to add food allergies as an injury associated with vaccines to the Vaccine Injury Table.

    DATES:

    Written comments are not being solicited.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Narayan Nair, MD, Acting Director, Division of Injury Compensation Programs (DICP), Healthcare Systems Bureau, Health Resources and Services Administration, 5600 Fishers Lane, Room 8N146B Rockville, Maryland 20857, or by telephone 301-443-6593.

    SUPPLEMENTARY INFORMATION:

    The National Childhood Vaccine Injury Act of 1986, Title III of Public Law 99-660 (42 U.S.C. 300aa-10 et seq.) established the National Vaccine Injury Compensation Program (VICP) for persons found to be injured by vaccines. Under this federal program, petitions for compensation are filed with the United States Court of Federal Claims (Court). The Court, acting through special masters, makes findings as to eligibility for, and amount of, compensation. In order to gain entitlement to compensation under the VICP for a covered vaccine, a petitioner must establish a vaccine-related injury or death, either by proving that the first symptom of an injury or condition, as defined by the Qualifications and Aids to Interpretation, occurred within the time period listed on the Vaccine Injury Table (Table), and therefore, is presumed to be caused by a vaccine (unless another cause is found), or by proof of vaccine causation, if the injury or condition is not on the Table or did not occur within the time period specified on the Table.

    The statute authorizing the VICP provides for the inclusion of additional vaccines in the VICP when they are recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children. See section 2114(e)(2) of the PHS Act, 42 U.S.C. 300aa-14(e)(2). Consistent with section 13632(a)(3) of Public Law 103-66, the regulations governing the VICP provide that such vaccines will be included in the Table as of the effective date of an excise tax to provide funds for the payment of compensation with respect to such vaccines. 42 CFR 100.3(c)(8). The statute authorizing the VICP also authorizes the Secretary to create and modify a list of injuries, disabilities, illnesses, conditions, and deaths (and their associated time frames) associated with each category of vaccines included on the Table. See sections 2114(c) and 2114(e)(2) of the PHS Act, 42 U.S.C. 300aa-14(c) and 30aa-14(e)(2). Finally, section 2114(c)(2) of the PHS Act, 42 U.S.C. 300aa-14(c)(2) provides that:

    [a]ny person (including the Advisory Commission on Childhood Vaccines) [the Commission] may petition the Secretary to propose regulations to amend the Vaccine Injury Table. Unless clearly frivolous, or initiated by the Commission, any such petition shall be referred to the Commission for its recommendations. Following—

    (A) Receipt of any recommendation of the Commission, or

    (B) 180 days after the date of the referral to the Commission, whichever occurs first, the Secretary shall conduct a rule-making proceeding on the matters proposed in the petition or publish in the Federal Register a statement or reasons for not conducting such proceeding.

    On September 19, 2015, a private citizen submitted an email to the Department of Health and Human Services (HHS) and the Commission, requesting that food allergies be added to the Table. The email was considered to be a petition to the Secretary of HHS to propose regulations to amend the Table to add food allergies as an injury associated with vaccines on the Table. In support of the request that food allergies be added to the Table, the petitioner asserts that food proteins present in vaccines cause the development of food allergies.

    Pursuant to the VICP statute, the petition was referred to the Commission on December 3, 2015. The Commission voted unanimously to recommend that the Secretary not proceed with rulemaking to amend the Table as requested in the petition.

    Food allergies are defined as an “adverse health effect arising from a specific immune response that occurs reproducibly on exposure to a given food. 1 ” Food allergy reactions are generally classified as mediated through immunoglobulin E (IgE), not mediated through IgE, or involving both IgE and non-IgE mechanisms. Food allergies are thought to result from a failure of the regulatory mechanisms of the immune system. IgE mediated reactions cause the severe and rapid responses to food known as anaphylaxis. Non-IgE mediated reactions cause slower onset skin and gastrointestinal symptoms.

    1 Boyce et al, Guidelines for the diagnosis and management of food allergy in the United States: Summary of the NIAID-sponsored expert panel report. J Allergy Clin Immunol, Volume 16, Number 6, S1-58.

    When a food allergy occurs, the body's immune system reacts to a food as if it was a threat. When people are first exposed to a potential food allergen, they do not experience symptoms but, in some people, their immune system produces IgE to that food allergen. The production of IgE in response to an allergen is called sensitization. It is thought that sensitization can occur from exposure to the food through the skin and respiratory route, as well as from eating food allergens. When sensitized people are exposed to the food allergen again, the IgE antibodies may bind to the allergen, resulting in a release of chemicals which can trigger a severe allergic response. The symptoms of this response can include hives, itching, nausea, vomiting, swelling of the mouth and throat, difficulty breathing, and low blood pressure.2 Not all people who have IgE to a food will have an allergic response.

    2http://www.niaid.nih.gov/topics/foodAllergy/understanding/Pages/allergicRxn.aspx

    To support the claim that food allergies are caused by vaccines, the petitioner cites two sources as evidence including the 2012 Institute of Medicine (IOM) Report, “Adverse Effects of Vaccines: Evidence and Causality.” The 2012 IOM report reviewed 8 of the 12 vaccines covered by the VICP and provided 158 causality conclusions. However, the IOM report did not evaluate evidence regarding a causal association between vaccinations and food allergies. The report does describe case reports of individuals with a history of allergies to eggs, lamb, or milk that experienced anaphylaxis or an allergic reaction after receiving an immunization.3 The IOM report does not address whether individuals who receive a vaccination may subsequently develop food allergies. This report does not comment on the strength of the epidemiologic or mechanistic evidence regarding food allergies and vaccination. Therefore, the 2012 IOM report does not support the petitioner's position for adding food allergies to the Table.

    3 IOM (Institute of Medicine). 2012. Adverse effects of vaccines: Evidence and causality. Washington, DC: The National Academies Press. pp 170-173.

    The petition also describes a 2002 paper that appeared in the journal, Pediatrics. 4 The authors of this paper included researchers from CDC, the Food and Drug Administration (FDA), and the Mayo Clinic. The objective of this study was not to evaluate whether vaccines could cause food allergies. Rather, the purpose of the study was to examine whether people with anaphylaxis after the receipt of the measles vaccines had an unusual profile of self-reported allergies and whether they had higher levels of antibodies to gelatin, a compound found in both foods and some vaccines. This was a case control study utilizing the Vaccine Adverse Event Reporting System (VAERS) database for cases of anaphylaxis and individuals from the Mayo Clinic and VAERS who did not have an adverse event to the measles vaccine as controls. The study had relatively small numbers as only 57 individuals who had anaphylaxis agreed to be interviewed and of these, only 22 underwent IgE testing. The researchers found that there was a higher proportion of food allergies found in the group with anaphylaxis as opposed to the control group. However, it was not clear if the food allergies preceded the vaccine. They also noted that a number of individuals who had anaphylaxis to the vaccine also had the IgE antibody to the gelatin. However, none of these individuals reported an allergy to gelatin.

    4 V. Pool, et al. “Prevalence of anti-gelatin IgE antibodies in people with anaphylaxis after measles-mumps-rubella vaccine in the United States,” Pediatrics, 110, 6 (Dec. 2002): e71.

    This paper is not supportive of adding food allergies to the Table for several reasons. First, it was not designed to determine the causality of food allergy but rather whether severe allergic reactions to the measles vaccines could be due to gelatin. Gelatin is present in numerous foods including confectionary products, icings and fillings in baked goods, meat products, wine, beer, and juices.5 Given that oral intake is not necessary for sensitization, a wide array of exposures could have led to the development of a food allergy. Second, the individuals in this study who had anaphylaxis to the measles vaccine and had antibodies to gelatin did not report a food allergy. This finding does not support a causal association between vaccines and food allergies, nor do the authors contend this in their study. Third, while there was a higher proportion of food allergies reported in the anaphylaxis group, the authors state the practical significance of this is not clear. They conclude that their data could support the hypothesis that anaphylaxis to the measles vaccine could be due to sensitivity to gelatin but they do not assert that vaccines cause or contribute to food allergies. Finally, there are limitations to VAERS, which is a passive reporting system, and the primary purpose of VAERS is to look for signals for evidence of unexpected adverse events that would require other investigations to try to determine causal relationships. Thus, most VAERS reports alone cannot be utilized to establish conclusions about causality.

    5http://www.gelatin-gmia.com/images/GMIA_Gelatin_Manual_2012.pdf.

    In addition to reviewing evidence submitted by the petitioner, HHS gathered additional data from the existing medical literature. A literature search was conducted of the major medical databases for any articles linking the development of food allergies to vaccinations. This research was conducted in collaboration with the National Institutes of Health (NIH) Library, Office of Research Services. Despite an extensive search, no published research was found that addressed any linkages or potential causality between vaccinations covered by VICP and the development of food allergies in any population.

    While none of the publications identified a link between food allergies and vaccines, several did address risk factors related to the development of food allergies. The NIH National Institute of Allergy and Infectious Disease sponsored an expert panel to develop guidelines for the diagnosis and management of food allergies. This panel consisted of 34 professional organizations, federal agencies and patient advocacy groups all with expertise related to food allergies. The guidelines, which were published in 2010, discuss prevention of food allergies but make no mention of the role of vaccines in developing food allergies. They also do not list vaccination as a risk factor for developing food-induced anaphylaxis. The Guidelines discuss gaps in the scientific knowledge related to food allergies. However, they did not identify the role of vaccination in developing food allergies as an area where future research is needed.6 Several recent reviews of the epidemiology and natural history of food allergies have been published. None of the publications discuss any role of vaccinations in the development of food allergies.7 8 9 10 11 12

    6 Boyce et al, Guidelines for the diagnosis and management of food allergy in the United States: Summary of the NIAID-sponsored expert panel report. J Allergy Clin Immunol, Volume 16, Number 6, S1-58.

    7 Lack, G. (2012). “Update on risk factors for food allergy.” Journal of Allergy and Clinical Immunology 129(5): 1187-1197.

    8 Savage, J. and C. B. Johns. (2015). “Food allergy: Epidemiology and natural history.” Immunol Allergy Clin North Am 35(1): 45-59.

    9 Sicherer, S. H. (2011). “Epidemiology of food allergy.” Journal of Allergy and Clinical Immunology 127(3): 594-602.

    10 Carrard, A., D. Rizzuti, et al. (2015). “Update on food allergy.” Allergy. 70: 1511-1520.

    11 Chin, S. and B. P. Vickery. (2012). “Pathogenesis of food allergy in the pediatric patient.” Curr Allergy Asthma Rep 12(6): 621-9.

    12 Allen, K. J. and J. J. Koplin. (2015). “Why Does Australia Appear to Have the Highest Rates of Food Allergy?” Pediatr Clin North Am 62(6): 1441-51.

    In light of the above, I have determined that there is no reliable scientific evidence of an association between vaccines and food allergies. Therefore, I will not amend the Table to add food allergies as an injury associated with any vaccine on the Table at this time.

    Dated: March 17, 2016. Sylvia M. Burwell, Secretary, Department of Health and Human Services.
    [FR Doc. 2016-06666 Filed 3-28-16; 8:45 am] BILLING CODE 4165-15-P
    81 60 Tuesday, March 29, 2016 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service Submission for OMB Review; Comment Request March 23, 2016.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) 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; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by April 28, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency 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.

    Animal and Plant Health Inspection Service

    Title: Importation of Tomatoes from Certain Central American Countries.

    OMB Control Number: 0579-0286.

    Summary of Collection: Under the Plant Protection Act (PPA) (7 U.S.C. 7701 et seq.), the Secretary of Agriculture is authorized to restrict the importation, entry, or interstate movement of plants, plant products, and other articles to prevent the introduction of plant pests into the United States or their dissemination within the United States. Regulations authorized by the PPA concerning the importation of fruits and vegetables into the United States from certain parts of the world contained in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-73). Under these regulations, pink or red tomatoes from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama are subject to certain condition before entering the United States to prevent the introduction of plant pests in the United States.

    Need and Use of the Information: The Animal and Plant Health Inspection Service (APHIS) requires that each shipment of tomatoes must be accompanied by a phytosanitary certificate issued by the National Plant Protection Organization and bearing the declaration, “These tomatoes were grown in an area recognized to be free of Medfly and the shipment has been inspected and found free of the pest listed in the requirements.” In addition to the phytosanitary certificate, production site and packinghouse records, production site registration, monitoring/auditing trapping program, trapping records, export certification, labeling of boxes, and recertification of production sites, APHIS uses these activities to prevent the introduction and dissemination of plant pests into the United States.

    Description of Respondents: Business or other for-profit; Federal Government.

    Number of Respondents: 54.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 1,180.

    Title: Location of Irradiation Treatment Facilities in the United States.

    OMB Control Number: 0579-0383.

    Summary of Collection: The United States Department of Agriculture (USDA) is responsible for preventing plant diseases or insect pests from entering into the United States, preventing the spread of pests and noxious weeds not widely distributed into the United States, and eradicating those imported pests when eradication is feasible. The Plant Protection Act (7 U.S.C. 7701—et seq.) authorizes USDA to carry out this mission. Under the Plant Protection Act, the Animal and Plant Health Inspection Service (APHIS) is authorized, among other things, to regulate the importation of plants, plant products, and other articles to prevent the introduction of plant pests in the United States.

    Need and Use of the Information: APHIS will use the following information collection activities to provide generic criteria for irradiation treatment facilities in an effort to prevent the spread of plant pests and plant diseases in the United States: (1) Request for Initial Certification and Inspection of Facility; (2) Certification and Recertification of Facility; (3) Denial and Withdrawal of Certification; (4) Compliance Agreement (PPQ 519); (5) Irradiation Facilities Treating Imported Articles; Irradiation Treatment Framework Equivalency Work plan; (6) Irradiation Facilities Notification; (7) Records; (8) Facility to Maintain and Provide Updated Map Identifying Places Horticultural/Crops are Grown; (9) Facility Contingency Plan; (10) Letter of Concurrence or Non-Agreement; (11) Treatment Arrangements; (12) Pest Management Plan; and (13) Facility Map—Detailed Layout of Facility. If the information is not collected, APHIS would have no practical way of determining that any given commodity had actually been irradiated.

    Description of Respondents: Business or other for-profits; Federal Government.

    Number of Respondents: 5.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 28.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2016-07003 Filed 3-28-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0024] Modernizing the Regulatory System for Biotechnology Products; Notice of Third Public Meeting AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    Under the auspices of the National Science and Technology Council, USDA, along with the White House Office of Science and Technology Policy, the Environmental Protection Agency and the Food and Drug Administration (FDA) are holding the third public meeting related to the memorandum entitled, “Modernizing the Regulatory System for Biotechnology Products,” issued by the Executive Office of the President in July 2015. The purpose of the third public meeting is to illustrate current Federal roles and responsibilities regarding biotechnology products. The docket, FDA-2015-N-3403, established by FDA prior to the first public meeting, will continue to be used for this interagency effort.

    DATES:

    The meeting will be held on March 30, 2016, from 9:30 a.m. to 1:30 p.m. PDT.

    To request accommodation of a disability, please immediately contact the person listed under FOR FURTHER INFORMATION CONTACT to give USDA as much time as possible to process your request.

    ADDRESSES:

    The meeting will be held at the University of California, Davis Conference Center, Davis, CA 95616.

    FOR FURTHER INFORMATION CONTACT:

    For general questions about the meeting, contact Mr. Sidney W. Abel, Assistant Deputy Administrator, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; (301) 851-3896. For questions about the memorandum entitled, “Modernizing the Regulatory System for Biotechnology Products,” or related activities described in that memorandum, contact the National Science and Technology Council: Emerging Technologies Interagency Policy Coordination Committee, Office of Science and Technology Policy, Executive Office of the President, Eisenhower Executive Office Building, 1650 Pennsylvania Ave., Washington, DC 20504; (202) 456-4444; online: https://www.whitehouse.gov/webform/contact-emerging-technologies-interagency-policy-coordinating-committee-national-science-and.

    SUPPLEMENTARY INFORMATION: I. Background

    Under the auspices of the National Science and Technology Council, the Environmental Protection Agency, Food and Drug Administration (FDA), United States Department of Agriculture (USDA) and the White House Office of Science and Technology Policy (collectively referred to as “we” in this Federal Register document), held a public meeting on October 30, 2015, to discuss the Executive Office of the President (EOP) memorandum entitled, “Modernizing the Regulatory System for Biotechnology Products,” that was issued in July 2015. The purpose of the October 2015 meeting was to inform the public about the activities described in the July 2015 memorandum, invite oral comments from interested parties, and provide information about how to submit written comments, data, or other information to the docket. The October meeting was the first of three public engagement sessions on this topic.

    A second public meeting was held on March 9, 2016, in Dallas, TX. Transcripts and materials from this meeting can be found in the docket [FDA-2015-N-3403] on www.regulations.gov.

    On February 1, 2016, we announced the date and location for the third public engagement session: https://www.aphis.usda.gov/biotechnology/modernizing-framework.

    The third public meeting will be held on March 30, 2016, at the University of California's Davis Conference Center in Davis, CA.

    There are two draft documents available that will be the basis for discussion at the March 30 meeting: A document with eight case studies of hypothetical biotechnology products, and a table of oversight authorities related to biotechnology products. These documents can be found in the docket [FDA-2015-N-3403] on www.regulations.gov and on the USDA Web site at https://www.aphis.usda.gov/biotechnology/modernizing-framework, along with the final meeting agenda as soon as it is available.

    II. How can I participate in the March 30th meeting?

    There will be several opportunities for questions and answers to clarify the information presented during the case studies. The agenda for this meeting provides time for general public comments from those attending the meeting in person. Those planning to provide comment are asked to indicate their desire to comment when they register on USDA's Web site prior to the public meeting. Public comments made at this meeting will be submitted to the docket as part of the official meeting transcript.

    To participate in person or view the webinar, please register in advance online at https://www.regonline.com/builder/site/default.aspx?EventID=1824027. Those registered will receive detailed instructions with their confirmations that explain how to access the meeting via webinar or in person.

    III. Meeting Materials, Transcripts and Recorded Video

    Any additional information and data submitted voluntarily to us will become part of the administrative record for this activity and will be accessible to the public in the docket [FDA-2015-N-3403] on www.regulations.gov. The transcript of the proceedings from the public meeting will become part of the administrative record for this activity and will also be included and accessible in the docket as soon they are available. Additionally, we will live webcast and record the public meeting. Once the recorded video is available, it will be accessible on USDA's YouTube channel.

    Transcripts and meeting materials may also be viewed in our reading room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    Authority:

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

    Done in Washington, DC, this 23rd day of March 2016. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-07015 Filed 3-28-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Submission for OMB Review; Comment Request March 23, 2016.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) 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; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by April 28, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency 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.

    Food and Nutrition Service

    Title: 7 CFR part 225, Summer Food Service Program.

    OMB Control Number: 0584-0280.

    Summary of Collection: Section 13 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761) authorizes the Summer Food Service Program (SFSP). The SFSP is directed toward children in low-income areas when school is not in session and is operated locally by approved sponsors. Local sponsors may include public or private non-profit school food authorities (SFAs), public or private non-profit residential summer camps, units of local, municipal, county or State governments, or other private non-profit organizations that develop a special summer program and provide meal service similar to that available to children during the school year under the National School Lunch Program and the School Breakfast Program. Under the program, a sponsor receives reimbursement for serving nutritious, well-balanced meals to eligible children at the food service sites. Information is gathered from State agencies and other organizations wishing to participate in the program to determine eligibility.

    Need and Use of the Information: FNS uses the information collected to determine an organization's eligibility and to monitor program performance for compliance and reimbursement purposes.

    Description of Respondents: Individuals or households; Farms; Not-for-profit institutions; State, Local, or Tribal Government.

    Number of Respondents: 106,621.

    Frequency of Responses: Recordkeeping; Reporting; Public Disclosure: On occasion; Quarterly; Annually.

    Total Burden Hours: 197,602.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2016-07002 Filed 3-28-16; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Forest Service Shoshone Resource Advisory Committee; Meeting AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Shoshone Resource Advisory Committee (RAC) will meet in Thermopolis, Wyoming. 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=001t0000002JcvXAAS.

    DATES:

    The meeting will be held on Wednesday, April 27, 2016, from 9:00 a.m. to 3:00 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 the Bighorn Federal Savings Bank, 643 Broadway Street, Thermopolis, Wyoming.

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

    FOR FURTHER INFORMATION CONTACT:

    Olga Troxel, RAC Coordinator, by phone at 307-527-6241 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. Review project proposals received in 2016,

    2. Prioritize projects for recommendation, and

    3. Vote on projects if the RAC has reached that point and a quorum is present.

    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 18, 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 Olga Troxel, RAC Coordinator, Shoshone National Forest Supervisor's Office, 808 Meadow Lane, Cody, Wyoming 82414; by email to [email protected], or via facsimile to 307-578-5112.

    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: March 22, 2016. Joseph G. Alexander, Forest Supervisor.
    [FR Doc. 2016-07014 Filed 3-28-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration (GIPSA) Opportunity for Designation in Fargo, ND; Urbana, IL; Sandusky, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Areas; Request for Comments on the Official Agencies Servicing These Areas AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice.

    SUMMARY:

    North Dakota Grain Inspection Service, Inc. (North Dakota) purchased Frankfort Grain Inspection, Inc. (Frankfort) on October 1, 2015. GIPSA determined that North Dakota met the requirements specified in 7 CFR 800.196 (f)(2). The designation of North Dakota Grain Inspection Service, Inc. (North Dakota) is amended to include Frankfort and will end on December 31, 2015, which is the earliest termination date of the combined official agencies. The designations of Champaign Danville Grain Inspection Departments, Inc. (Champaign); Detroit Grain Inspection Service, Inc. (Detroit); Eastern Iowa Grain Inspection and Weighing Service, Inc. (Eastern Iowa); Enid Grain Inspection Company, Inc. (Enid); Keokuk Grain Inspection Service (Keokuk); Michigan Grain Inspection Services, Inc. (Michigan); and Omaha Grain Inspection Service, Inc. (Omaha) will end on March 31, 2016. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by these agencies.

    DATES:

    Applications and comments must be received by April 28, 2016.

    ADDRESSES:

    Submit applications and comments concerning this Notice using any of the following methods:

    Applying for Designation on the Internet: Use FGISonline (https://fgis.gipsa.usda.gov/default_home_FGIS.aspx) and then click on the Delegations/Designations and Export Registrations (DDR) link. You will need to obtain an FGISonline customer number and USDA eAuthentication username and password prior to applying.

    Submit Comments Using the Internet: Go to Regulations.gov (http://www.regulations.gov). Instructions for submitting and reading comments are detailed on the site.

    Mail, Courier or Hand Delivery: Eric J. Jabs, Deputy Director, USDA, GIPSA, FGIS, QACD, 10383 North Ambassador Drive, Kansas City, MO 64153.

    Fax: Eric J. Jabs, 816-872-1257.

    Email: [email protected].

    Read Applications and Comments: All applications and comments are available for public inspection at the office above during regular business hours (7 CFR 1.27(c)).

    FOR FURTHER INFORMATION CONTACT:

    Eric J. Jabs, 816-659-8408 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Section 79(f) of the United States Grain Standards Act (USGSA) authorizes the Secretary to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services (7 U.S.C. 79 (f)). Under section 79(g) of the USGSA, designations of official agencies are effective for no longer than five years unless terminated by the Secretary, and may be renewed according to the criteria and procedures prescribed in section 79(f) of the USGSA.

    Areas Open for Designation Fargo, ND

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, as amended, in the States of Illinois, Indiana, Minnesota and North Dakota, is assigned to this official agency.

    In Illinois

    Bounded on the East by the eastern Cumberland County line; the eastern Jasper County line south to State Route 33; State Route 33 east-southeast to the Indiana-Illinois State line; the Indiana-Illinois State line south to the southern Gallatin County line.

    Bounded on the South by the southern Gallatin, Saline, and Williamson County lines; the southern Jackson County line west to U.S. Route 51; U.S. Route 51 north to State Route 13; State Route 13 northwest to State Route 149; State Route 149 west to State Route 3; State Route 3 northwest to State Route 51; State Route 51 south to the Mississippi River.

    Bounded on the West by the Mississippi River north to the northern Calhoun County line;

    Bounded on the North by the northern and eastern Calhoun County lines; the northern and eastern Jersey County lines; the northern Madison County line; the western Montgomery County line north to a point on this line that intersects with a straight line, from the junction of State Route 111 and the northern Macoupin County line to the junction of Interstate 55 and State Route 16 (in Montgomery County); from this point southeast along the straight line to the junction of Interstate 55 and State Route 16; State Route 16 east-northeast to a point approximately 1 mile northeast of Irving; a straight line from this point to the northern Fayette County line; the northern Fayette, Effingham, and Cumberland County lines.

    In Minnesota

    Koochiching, St. Louis, Lake, Cook, Itasca, Norman, Mahnomen, Hubbard, Cass, Clay, Becker, Wadena, Crow Wing, Aitkin, Carlton, Wilkin, and Otter Tail Counties, except those export port locations within the State, which are serviced by GIPSA.

    In North Dakota

    Bounded on the North by the northern Steele County line from State Route 32 east; the northern Steele and Trail County lines east to the North Dakota State line.

    Bounded on the East by the eastern North Dakota State line.

    Bounded on the South by the southern North Dakota State line west to State Route 1.

    Bounded on the West by State Route 1 north to Interstate 94; Interstate 94 east to the Soo Railroad line; the Soo Railroad line northwest to State Route 1; State Route 1 north to State Route 200; State Route 200 east to State Route 45; State Route 45 north to State Route 32; State Route 32 north.

    In Indiana

    Bartholomew, Blackford, Boone, Brown, Carroll (south of State Route 25), Cass, Clinton, Delaware, Fayette, Fulton (bounded on east by eastern Fulton County line south to State Route 19; State Route 19 south to State Route 114; State Route 114 southeast to eastern Fulton County line), Grant, Hamilton, Hancock, Hendricks, Henry, Howard, Jay, Johnson, Madison, Marion, Miami, Monroe, Montgomery, Morgan, Randolph, Richmond, Rush (north of State Route 244), Shelby, Tipton, Union, and Wayne Counties.

    In Ohio

    Darke County.

    The following grain elevators are not part of this geographic area assignment and are assigned to Titus Grain Inspection, Inc.: The Andersons, Delphi, Carroll County; Frick Services, Inc., Leiters Ford, Fulton County; and Cargill, Inc., Linden, Montgomery County, Indiana.

    Urbana, IL

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the States of Illinois, Indiana, and Michigan, is assigned to this official agency.

    In Illinois

    Bounded on the North by the northern Schuyler, Cass, and Menard County lines; the western Logan County line north to State Route 10; State Route 10 east to the west side of Beason.

    Bounded on the East by a straight line from the west side of Beason southwest to Elkhart on Interstate 55; a straight line from Elkhart southeast to Stonington on State Route 48; a straight line from Stonington southwest to Irving on State Route 16.

    Bounded on the South by State Route 16 west to the eastern Macoupin County line; the eastern, southern, and western Macoupin County lines; the southern and western Greene County lines; the southern Pike County line.

    Bounded on the West by the western Pike County line west to U.S. Route 54; U.S. Route 54 northeast to State Route 107; State Route 107 northeast to State Route 104; State Route 104 east to the western Morgan County line; the western Morgan, Cass, and Schuyler County lines.

    In Illinois and Indiana

    Bounded on the North by the northern Livingston County line from State Route 47; the eastern Livingston County line to the northern Ford County line; the northern Ford and Iroquois County lines east to Interstate 57; Interstate 57 north to the northern Will County line; Bounded on the North by the northern Will County line from Interstate 57 east to the Illinois-Indiana State line; the Illinois-Indiana State line north to the northern Lake County line; the northern Lake, Porter, Laporte, St. Joseph, and Elkhart County lines.

    Bounded on the East by the eastern and southern Elkhart County lines; the eastern Marshall County line; Bounded on the South by the southern Marshall and Starke County lines; the eastern Jasper County line south-southwest to U.S. Route 24; U.S. Route 24 west to Indiana State Route 55; Indiana State Route 55 south to the Newton County line; the southern Newton County line west to U.S. Route 41; Bounded on the East by U.S. Route 41 south to the northern Parke County line; the northern Parke and Putnam County lines; the eastern Putnam, Owen, and Greene County lines.

    Bounded on the South by the southern Greene County line; the southern Sullivan County line west to U.S. Route 41(150); U.S. Route 41(150) south to U.S. Route 50; U.S. Route 50 west across the Indiana-Illinois State line to Illinois State Route 33; Illinois State Route 33 north and west to the Western Crawford County line.

    Bounded on the West by the western Crawford and Clark County lines; the Southern Coles County line; the western Coles and Douglas County lines; the western Champaign County line north to Interstate 72; Interstate 72 southwest to the Piatt County line; the western Piatt County line; the southern McLean County line west to a point 10 miles west of the western Champaign County line, from this point through Arrowsmith to Pontiac along a straight line running north and south which intersects with State Route 116; State Route 116 east to State Route 47; State Route 47 north to the northern Livingston County line.

    In Michigan

    Berrien, Cass, and St. Joseph Counties.

    Champaign's assigned geographic area does not include the export port locations inside Champaign's area, which are serviced by GIPSA. The following grain elevators are part of this geographic area assignment: In Decatur Grain Inspection, Inc.'s area: Okaw Cooperative, Cadwell, Moultrie County; ADM (3 elevators), Farmer City, Dewitt County; and Topflight Grain Company, Monticello, Piatt County, Illinois. In Central Illinois Grain Inspection, Inc.'s area: East Lincoln Farmers Grain Co., Lincoln, Logan County, Illinois.

    The following grain elevator is not part of this geographic area assignment and is assigned to Titus Grain Inspection, Inc., Boswell Chase Grain, Inc., Boswell, Benton County, Indiana.

    Sandusky, MI

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the State of Michigan, is assigned to this official agency.

    In Michigan

    Bounded on the North by the northern Clinton County line; the eastern Clinton County line south to State Route 21; State Route 21 east to State Route 52; State Route 52 north to the Shiawassee County line; the northern Shiawassee County line east to the Genesee County line; the western Genesee County line; the northern Genesee County line east to State Route 15; State Route 15 north to Barnes Road; Barnes Road east to Sheridan Road; Sheridan Road north to State Route 46; State Route 46 east to State Route 53; State Route 53 north to the Michigan State line.

    Bounded on the East by the Michigan State line south to State Route 50.

    Bounded on the South by State Route 50 west to U.S. Route 127.

    Bounded on the West by U.S. Route 127 north to U.S. Route 27; U.S. Route 27 north to the northern Clinton County line.

    Davenport, IA

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic areas, in the States of Illinois, Iowa, and Wisconsin, are assigned to this official agency.

    In Illinois and Iowa

    Northern Area:

    Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Lake, Will DuPage, Kendall, DeKalb, Lee, and Ogle Counties in Illinois and Delaware and Dubuque Counties in Iowa.

    Southern Area:

    Bounded on the North, in Iowa, by Interstate 80 from the western Iowa County line east to State Route 38; State Route 38 north to State Route 130; State Route 130 east to the Mississippi River.

    Bounded on the East, in Illinois, from the Mississippi River to the eastern Rock Island County line; the northern Henry and Bureau County lines; east to State Route 40; State Route 40 south to the southern Bureau County line; the eastern and southern Henry County lines; the eastern Knox County line.

    Bounded on the South by the southern Knox County line; the eastern and southern Warren County lines; the southern Henderson County line across the Mississippi River; in Iowa, by the southern Des Moines, Henry, Jefferson, and Wapello County lines.

    Bounded on the West by the western and northern Wapello County lines; the western and northern Keokuk County lines; the western Iowa County line north to Interstate 80.

    In Wisconsin

    The entire State of Wisconsin, for domestic services.

    All export port locations within Eastern Iowa's assigned geographic areas in the State of Illinois are serviced by GIPSA and in the State of Wisconsin are serviced by GIPSA (Milwaukee) and the Wisconsin Department of Agriculture (Superior).

    Enid, OK

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic areas, in the States of Oklahoma and Texas, are assigned to this official agency.

    In Oklahoma

    Adair, Alfalfa, Atoka, Beckham, Blaine, Bryan, Caddo, Canadian, Carter, Cherokee, Choctaw, Cleveland, Coal, Comanche, Cotton, Craig, Creek, Custer, Delaware, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kay, Kingfisher, Kiowa, Latimer, Le Flore, Lincoln, Logan, Love, McClain, McCurtain, McIntosh, Major, Marshall, Mayes, Murray, Muskogee, Noble, Nowata, Okfuskee, Oklahoma, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Roger Mills, Rogers, Seminole, Sequoyah, Stephens, Tillman, Tulsa, Wagoner, Washington, Washita, Woods, and Woodward Counties.

    In Texas

    Clay, Wichita, and Wilbarger Counties.

    Keokuk, IA

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic areas, in the States of Illinois and Iowa, are assigned to this official agency.

    In Illinois

    Adams, Brown, Fulton, Hancock, Mason, McDonough, and Pike (northwest of a line bounded by U.S. Route 54 northeast to State Route 107; State Route 107 northeast to State Route 104; State Route 104 east to the eastern Pike County line) Counties.

    In Iowa

    Davis, Lee, and Van Buren Counties.

    Marshall, MI

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the States of Michigan and Ohio, is assigned to this official agency.

    In Michigan

    Bounded on the North by the northern Michigan State line.

    Bounded on the East by the eastern Michigan State line south and east to State Route 53; State Route 53 south to State Route 46; State Route 46 west to Sheridan Road; Sheridan Road south to Barnes Road; Barnes Road west to State Route 15; State Route 15 south to the Genesee County line; the northern Genesee County line west to the Shiawassee County line; the northern Shiawassee County line west to State Route 52; State Route 52 south to State Route 21; State Route 21 west to Clinton County; the eastern and northern Clinton County lines west to U.S. Route 27; U.S. Route 27 south to U.S. Route 127; U.S. Route 127 south to the Michigan-Ohio State line.

    In Ohio

    The northern State line east to the eastern Fulton County line; the eastern Fulton, Henry, and Putnam County lines; the eastern Allen County line south to the northern Hardin County line; the northern Hardin County line east to U.S. Route 68; U.S. Route 68 south to State Route 47.

    Bounded on the South by State Route 47 west-southwest to Interstate 75 (excluding all of Sidney, Ohio); Interstate 75 south to the Shelby County line; the southern and western Shelby County lines; the southern Mercer County line.

    Bounded on the West by the Ohio-Indiana State line from the southern Mercer County line to the northern Williams County line; in Michigan, by the southern Michigan State line west to the Branch County line; the western Branch County line north to the Kalamazoo County line; the southern Kalamazoo and Van Buren County lines west to the Michigan State line; the western Michigan State line north to the northern Michigan State line.

    The following grain elevators are not part of this geographic area assignment and are assigned to Northeast Indiana Grain Inspection, Inc: Trupointe Elevator, Payne, Paulding County, Ohio.

    Omaha, NE

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic areas, in the States of Iowa and Nebraska, are assigned to this official agency.

    In Iowa and Nebraska

    Bounded on the North by Nebraska State Route 91 from the western Washington County line east to U.S. Route 30; U.S. Route 30 east to the Missouri River; the Missouri River north to Iowa State Route 175; Iowa State Route 175 east to Iowa State Route 37; Iowa State Route 37 southeast to the eastern Monona County line.

    Bounded on the East by the eastern Monona County line; the southern Monona County line west to Iowa State Route 183; Iowa State Route 183 south to the Pottawattamie County line; the northern and eastern Pottawattamie County lines; the southern Pottawattamie County line west to M47; M47 south to Iowa State Route 48; Iowa State Route 48 south to the Montgomery County line.

    Bounded on the South by the southern Montgomery County line; the southern Mills County line west to Interstate 29; Interstate 29 north to U.S. Route 34; U.S. Route 34 west to the Missouri River; the Missouri River north to the Sarpy County line (in Nebraska); the southern Sarpy County line; the southern Saunders County line west to U.S. Route 77.

    Bounded on the West by U.S. Route 77 north to the Platte River; the Platte River southeast to the Douglas County line; the northern Douglas County line east; the western Washington County line northwest to Nebraska State Route 91.

    The following grain elevators are part of this geographic area assignment: In Central Iowa Grain Inspection Service, Inc.'s area: Scoular Elevator, Elliot, Montgomery County and two Scoular elevators, Griswold, Cass County, Iowa. In Fremont Grain Inspection Department, Inc.'s area: United Farmers Coop, Rising City, Butler County and United Farmers Coop, Shelby, Polk County, Nebraska. In Lincoln Inspection Service, Inc.'s area: Goode Seed & Grain, McPaul, Fremont County, Iowa; and Haveman Grain, Murray, Cass County, Nebraska.

    The following grain elevators are not part of this geographic area assignment and are assigned to Fremont Grain Inspection Department, Inc.: Farmers Union Cooperative Association and Krumel Grain and Storage, Wahoo, Saunders County, Nebraska.

    Opportunity for Designation

    Interested persons or governmental agencies may apply for designation to provide official services in the geographic areas specified above under the provisions of section 79(f) of the USGSA and 7 CFR 800.196. Designation for North Dakota is for the period beginning January 1, 2016, to December 31, 2020. Designation for Champaign, Detroit, Eastern Iowa, Enid, Keokuk, Michigan, and Omaha is for April 1, 2016, to March 31, 2021. To apply for designation or to request more information, contact Eric J. Jabs at the address listed above.

    Request for Comments

    We are publishing this Notice to provide interested persons the opportunity to comment on the quality of services provided by the North Dakota, Champaign, Detroit, Eastern Iowa, Enid, Keokuk, Michigan, and Omaha official agencies. In the designation process, we are particularly interested in receiving comments citing reasons and pertinent data supporting or objecting to the designation of the applicants. Submit all comments to Eric J. Jabs at the above address or at http://www.regulations.gov.

    We consider applications, comments, and other available information when determining which applicants will be designated.

    Authority:

    7 U.S.C. 71-87k.

    Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2016-07000 Filed 3-28-16; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration (GIPSA) Opportunity for Designation in Cedar Rapids, IA; Fremont, NE; State of Maryland; and West Lafayette, IN Areas; Request for Comments on the Official Agencies Servicing These Areas AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice.

    SUMMARY:

    The designations of the official agencies listed below will end on June 30, 2016. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. In addition, we are asking for comments on the quality of services provided by the following designated agencies: Mid-Iowa Grain Inspection, Inc. (Mid-Iowa); Fremont Grain Inspection Department, Inc. (Fremont); Maryland Department of Agriculture (Maryland); and Titus Grain Inspection, Inc. (Titus).

    DATES:

    Applications and comments must be received by April 28, 2016.

    ADDRESSES:

    Submit applications and comments concerning this Notice using any of the following methods:

    Applying for Designation on the Internet: Use FGISonline (https://fgis.gipsa.usda.gov/default_home_FGIS.aspx) and then click on the Delegations/Designations and Export Registrations (DDR) link. You will need to obtain an FGISonline customer number and USDA eAuthentication username and password prior to applying.

    Submit Comments Using the Internet: Go to Regulations.gov (http://www.regulations.gov). Instructions for submitting and reading comments are detailed on the site.

    Mail, Courier or Hand Delivery: Eric J. Jabs, Deputy Director, USDA, GIPSA, FGIS, QACD, 10383 North Ambassador Drive, Kansas City, MO 64153.

    Fax: Eric J. Jabs, 816-872-1257.

    Email: [email protected].

    Read Applications and Comments: All applications and comments will be available for public inspection at the office above during regular business hours (7 CFR 1.27(c)).

    FOR FURTHER INFORMATION CONTACT:

    Eric J. Jabs, 816-659-8408 or [email protected].

    SUPPLEMENTARY INFORMATION:

    Section 79(f) of the United States Grain Standards Act (USGSA) authorizes the Secretary to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services (7 U.S.C. 79 (f)). Under section 79(g) of the USGSA, designations of official agencies are effective for no longer than five years, unless terminated by the Secretary, and may be renewed according to the criteria and procedures prescribed in section 79(f) of the USGSA.

    Areas Open for Designation Cedar Rapids, IA

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the States of Minnesota and Iowa, is assigned to this official agency.

    In Minnesota

    Wabasha, Olmstead, Winona, Houston, and Fillmore Counties.

    In Iowa

    Bounded on the North by the northern Winneshiek and Allamakee County lines;

    Bounded on the East by the eastern Allamakee County line; the eastern and southern Clayton County lines; the eastern Buchanan County line; the northern and eastern Jones County lines; the eastern Cedar County line south to State Route 130;

    Bounded on the South by State Route 130 west to State Route 38; State Route 38 south to Interstate 80; Interstate 80 west to U.S. Route 63;

    Bounded on the West by U.S. Route 63 north to State Route 8; State Route 8 east to State Route 21; State Route 21 north to D38; D38 east to State Route 297; State Route 297 north to V49; V49 north to Bremer County; the southern Bremer County line; the western Fayette and Winneshiek County lines.

    Fremont, NE

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the States of Iowa and Nebraska, is assigned to this official agency.

    In Iowa

    Carroll (west of U.S. Route 71), Clay (west of U.S. Route 71), Crawford, Dickinson (west of U.S. Route 71), Harrison (east of State Route 183), O'Brien (north of County Road B24 and east of U.S. Route 59), Osceola (east of U.S. Route 59), and Shelby Counties.

    In Nebraska

    Burt, Butler, Colfax, Cuming, Dodge, Madison (east of U.S. Route 81), Pierce (east of U.S. Route 81 and South of U.S. Route 20), Platte, Polk, Saunders (west of U.S. Route 77), Stanton, Washington (north of State Route 91), and Wayne Counties.

    The following grain elevators are part of this geographic area assignment: In Omaha Grain Inspection Service, Inc.'s area-Farmers Union Cooperative Association and Krumel Grain and Storage, Wahoo, Saunders County, Nebraska. The following grain elevators are not part of this geographic area assignment and are assigned to: Hastings Grain Inspection, Inc.-Huskers Cooperative Grain Company, Columbus, Platte County, Nebraska; Omaha Grain Inspection Service, Inc.-United Farmers Coop, Rising City, Butler County, and United Farmers Coop, Shelby, Polk County, Nebraska.

    State of Maryland

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the State of Maryland, is assigned to this official agency.

    In Maryland

    The entire State of Maryland, for all domestic services and export services not located at export port locations.

    All export port locations within the State of Maryland are serviced by GIPSA.

    Lafayette, IN

    Pursuant to Section 79(f)(2) of the United States Grain Standards Act, the following geographic area, in the State of Indiana, is assigned to this official agency.

    In Indiana

    Benton, Carroll (north of State Route 25), Fountain (east of U.S. Route 41), Jasper (south of U.S. Route 24), Newton (east of State Route 55 and south of U.S. Route 24), Pulaski, Tippecanoe, Warren (east of U.S. Route 41), and White Counties.

    The following grain elevators are part of this geographic area assignment: In Champaign-Danville Grain Inspection Department, Inc.'s area-Boswell Chase Grain, Inc., Boswell, Benton County, Indiana. In North Dakota Grain Inspection Service, Inc.'s area-The Andersons, Delphi, Carroll County; Frick Services, Inc., Leiters Ford, Fulton County; and Cargill, Inc./Valero Renewable Fuels, LLC., Linden, Montgomery County, Indiana.

    Opportunity for Designation

    Interested persons or governmental agencies may apply for designation to provide official services in the geographic areas specified above under the provisions of section 79(f) of the USGSA and 7 CFR 800.196. Designation in the specified geographic areas in Cedar Rapids, IA is for the period beginning July 1, 2016, to June 30, 2020. Designation in the specified geographic areas in Fremont, NE; State of Maryland; and Lafayette, IN, is for the period beginning July 1, 2016, to June 30, 2021. To apply for designation or to request more information, contact Eric J. Jabs at the address listed above.

    Request for Comments

    We are publishing this Notice to provide interested persons the opportunity to comment on the quality of services provided by the Mid-Iowa, Fremont, Maryland, and Titus official agencies. In the designation process, we are particularly interested in receiving comments citing reasons and pertinent data supporting or objecting to the designation of the applicants. Submit all comments to Eric J. Jabs at the above address or at http://www.regulations.gov.

    We consider applications, comments, and other available information when determining which applicants will be designated.

    Authority:

    7 U.S.C. 71-87k.

    Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2016-06997 Filed 3-28-16; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Advisory Committee Meeting AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice of advisory committee meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Grain Inspection, Packers and Stockyards Administration (GIPSA) Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets annually to advise the GIPSA Administrator on the programs and services that GIPSA delivers under the U.S. Grain Standards Act. Recommendations by the Advisory Committee help GIPSA better meet the needs of its customers who operate in a dynamic and changing marketplace.

    DATES:

    May 17, 2016, 8:00 a.m. to 4:30 p.m.; and May 18, 2016, 8:00 a.m. to noon.

    ADDRESSES:

    The Advisory Committee meeting will take place at GIPSA's National Grain Center, 10383 N. Ambassador Drive, Kansas City, Missouri 64153.

    Requests to orally address the Advisory Committee during the meeting or written comments may be sent to: Administrator, GIPSA, U.S. Department of Agriculture, 1400 Independence Avenue SW., STOP 3601, Washington, DC 20250-3601. Requests and comments may also be faxed to (202) 690-2173.

    FOR FURTHER INFORMATION CONTACT:

    Terri L. Henry by phone at (202) 205-8281 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The purpose of the Advisory Committee is to provide advice to the GIPSA Administrator with respect to the implementation of the U.S. Grain Standards Act (7 U.S.C. 71-87k). Information about the Advisory Committee is available on the GIPSA Web site at http://www.gipsa.usda.gov/fgis/adcommit.html.

    The agenda will include service delivery overview and the grain standards act, quality assurance and compliance updates, field management overview, international program updates as they relate to outreach, and technology and science initiatives.

    For a copy of the agenda please contact Terri L. Henry by phone at (202) 205-8281 or by email at [email protected]

    Public participation will be limited to written statements unless permission is received from the Committee Chairperson to orally address the Advisory Committee. The meeting will be open to the public.

    Persons with disabilities who require alternative means of communication of program information or related accommodations should contact Terri L. Henry at the telephone number listed above.

    Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2016-07004 Filed 3-28-16; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration Designation for the Pocatello, ID; Evansville, IN; Salt Lake City, UT; and Columbia, SC Areas AGENCY:

    Grain Inspection, Packers and Stockyards Administration, USDA.

    ACTION:

    Notice.

    SUMMARY:

    GIPSA is announcing the designation of Idaho Grain Inspection Service (Idaho); Ohio Valley Grain Inspection, Inc. (Ohio Valley); Utah Department of Agriculture and Food (Utah); and South Carolina Department of Agriculture (South Carolina) to provide official services under the United States Grain Standards Act (USGSA), as amended.

    DATES:

    Effective October 1, 2015.

    ADDRESSES:

    Eric J. Jabs, Deputy Director, USDA, GIPSA, FGIS, QACD, 10383 North Ambassador Drive, Kansas City, MO 64153.

    FOR FURTHER INFORMATION CONTACT:

    Eric J. Jabs, 816-659-8408 or [email protected]

    Read Applications: All applications and comments are available for public inspection at the office above during regular business hours (7 CFR 1.27(c)).

    SUPPLEMENTARY INFORMATION:

    In the July 1, 2015, Federal Register (80 FR 37581), GIPSA requested applications for designation to provide official services in the geographic areas presently serviced by Idaho, Ohio Valley, Utah, and South Carolina. Applications were due by July 31, 2015.

    The current official agencies, Idaho, Ohio Valley, Utah, and South Carolina, were the only applicants for designation to provide official services in these areas. As a result, GIPSA did not ask for additional comments.

    GIPSA evaluated the designation criteria in section 79(f) of the USGSA (7 U.S.C. 79(f)) and determined that Idaho, Ohio Valley, Utah, and South Carolina are qualified to provide official services in the geographic area specified in the Federal Register on July 1, 2015. This designation to provide official services in the specified areas of Idaho, Ohio Valley, and Utah is effective October 1, 2015, to September 30, 2018. This designation to provide official services in the specified area of South Carolina is effective October 1, 2015, to September 30, 2017.

    Interested persons may obtain official services by contacting these agencies at the following telephone numbers:

    Official agency Headquarters location and telephone Designation start Designation end Idaho Pocatello, ID, 208-233-8303 10/1/2015 9/30/2018 Ohio Valley Evansville, IN, 812-423-9010 10/1/2015 9/30/2018 Utah Salt Lake City, UT, 801-538-7100 10/1/2015 9/30/2018 South Carolina Columbia, SC, 803-737-4597 10/1/2015 9/30/2017

    Section 79(f) of the USGSA authorizes the Secretary to designate a qualified applicant to provide official services in a specified area after determining that the applicant is better able than any other applicant to provide such official services (7 U.S.C. 79 (f)).

    Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
    [FR Doc. 2016-06987 Filed 3-28-16; 8:45 am] BILLING CODE 3410-KD-P
    DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent to Request Revision and Extension of a Currently Approved Information Collection AGENCY:

    National Agricultural Statistics Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Fruits, Nuts, and Specialty Crops Surveys. Revision to burden hours will be needed due to changes in the size of the target population, sample design, minor changes in questionnaire design, the addition of several reimbursable surveys and an anticipated increase in response rates.

    DATES:

    Comments on this notice must be received by May 31, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by docket number 0535-0039, by any of the following methods:

    • Email: [email protected] Include docket number above in the subject line of the message.

    • E-fax: (855) 838-6382.

    • Mail: Mail any paper, disk, or CD-ROM submissions to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    • Hand Delivery/Courier: Hand deliver to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    FOR FURTHER INFORMATION CONTACT:

    R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-2707. Copies of this information collection and related instructions can be obtained without charge from David Hancock, NASS—OMB Clearance Officer, at (202) 690-2388 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Fruits, Nuts, and Specialty Crops Surveys.

    OMB Control Number: 0535-0039.

    Expiration Date of Approval: August 31, 2016.

    Type of Request: To revise and extend a currently approved information collection for a period of three years.

    Abstract: The primary objective of the National Agricultural Statistics Service (NASS) is to collect, prepare and issue State and national estimates of crop and livestock production, prices, and disposition; as well as economic statistics, environmental statistics related to agriculture and also to conduct the Census of Agriculture.

    The Fruits, Nuts, and Specialty Crops survey program collects information on acreage, yield, production, price, and value of citrus and non-citrus fruits and nuts and other specialty crops in States with significant commercial production. The program provides data needed by the U.S. Department of Agriculture and other government agencies to administer programs and to set trade quotas and tariffs. Producers, processors, other industry representatives, State Departments of Agriculture, and universities also use forecasts and estimates provided by these surveys. All questionnaires included in this information collection will be voluntary.

    Authority: These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985 as amended, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320. NASS also complies with OMB Implementation Guidance, “Implementation Guidance for Title V of the E-Government Act, Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA),” Federal Register, Vol. 72, No. 115, June 15, 2007, p. 33362.

    Estimate of Burden: Public reporting burden for this information collection is based on approximately 75 individual surveys with expected response times of 5-65 minutes. The frequency of data collection for the different surveys will include annual, seasonal, quarterly, monthly, and one weekly survey. Estimated number of responses per respondent is 1.1. Publicity materials and instruction sheets will account for approximately 5 minutes of additional burden per respondent. Respondents who refuse to complete a survey will be allotted 2 minutes of burden per attempt to collect the data. Several new surveys have been added to this information collection to account for some specialty commodities in California.

    Respondents: Producers, processors, and handlers.

    Estimated Number of Respondents: 105,000.

    Estimated Total Annual Burden on Respondents: 27,000 hours.

    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 will have practical utility; (b) 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) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, through the use of appropriate automated, electronic, mechanical, technological or other forms of information technology collection methods.

    All responses to this notice will become a matter of public record and be summarized in the request for OMB approval.

    Signed at Washington, DC, March 15, 2016. R. Renee Picanso, Associate Administrator.
    [FR Doc. 2016-07037 Filed 3-28-16; 8:45 am] BILLING CODE 3410-20-P
    DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection AGENCY:

    National Agricultural Statistics Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the National Agricultural Statistics Service (NASS) to request revision and extension of a currently approved information collection, the Vegetable Surveys Program. Revision to burden hours will be needed due to changes in the size of the target population, sampling design, and/or questionnaire length. Some of the vegetable production surveys will incorporate sampling of the total population of producers, while the processing surveys will involve a total enumeration of the entire population. Changes are being made to some of the questionnaires to accommodate changes in the industry and to make the questionnaires easier for the respondent to complete. This should help to reduce respondent burden and improve the overall response rates.

    DATES:

    Comments on this notice must be received by May 31, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by docket number 0535-0037, by any of the following methods:

    • Email: [email protected] Include docket number above in the subject line of the message.

    • E-fax: (855) 838-6382.

    • Mail: Mail any paper, disk, or CD-ROM submissions to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    • Hand Delivery/Courier: Hand deliver to: David Hancock, NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South Building, 1400 Independence Avenue SW., Washington, DC 20250-2024.

    FOR FURTHER INFORMATION CONTACT:

    R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service, U.S. Department of Agriculture, (202) 720-2707. Copies of this information collection and related instructions can be obtained without charge from David Hancock, NASS-OMB Clearance Officer, at (202) 690-2388 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Vegetable Surveys Program.

    OMB Number: 0535-0037.

    Expiration Date of Approval: July 31, 2016.

    Type of Request: Intent to Seek Approval to Revise and Extend an Information Collection for 3 years.

    Abstract: The primary objective of the National Agricultural Statistics Service (NASS) is to collect, prepare, and issue State and national estimates of crop and livestock production, prices, and disposition; as well as economic statistics, environmental statistics related to agriculture and also to conduct the Census of Agriculture. The Vegetable Surveys Program obtains basic agricultural statistics for fresh market and processing vegetables in major producing States. Vegetable statistics are used by the U.S. Department of Agriculture to help administer programs and by growers, processors, and marketers in making production and marketing decisions. The vegetable estimation program now consists of 25 selected crops. All questionnaires included in this information collection will be voluntary.

    Authority: These data will be collected under authority of 7 U.S.C. 2204(a). Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985 as amended, 7 U.S.C. 2276, which requires USDA to afford strict confidentiality to non-aggregated data provided by respondents. This Notice is submitted in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-113) and Office of Management and Budget regulations at 5 CFR part 1320. NASS also complies with OMB Implementation Guidance, “Implementation Guidance for Title V of the E-Government Act, Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA),” Federal Register, Vol. 72, No. 115, June 15, 2007, p. 33362.

    Estimate of Burden: Public reporting burden for this collection of information is estimated to be between 5 and 20 minutes per respondent per survey.

    Respondents: Farms and businesses.

    Estimated Number of Respondents: 20,000.

    Estimated Total Annual Burden on Respondents: 6,000 hours.

    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 will have practical utility; (b) 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) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, through the use of appropriate automated, electronic, mechanical, technological or other forms of information technology collection methods.

    All responses to this notice will become a matter of public record and be summarized in the request for OMB approval.

    Signed at Washington, DC, March 15, 2016. R. Renee Picanso, Associate Administrator.
    [FR Doc. 2016-07034 Filed 3-28-16; 8:45 am] BILLING CODE 3410-20-P
    DEPARTMENT OF COMMERCE 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: Bureau of Industry and Security.

    Title: National Security and Critical Technology Assessments of the U.S. Industrial Base.

    Form Number(s): N/A.

    OMB Control Number: 0694-0119.

    Type of Request: Regular.

    Burden Hours: 308,000 hours.

    Number of Respondents: 28,000 respondents.

    Average Hours per Response: 8 to 14 hours per response.

    Needs and Uses: The Department of Commerce, in coordination with the Department of Defense and other Federal agencies, conducts survey assessments of U.S. industrial base sectors deemed critical to U.S. national security. The information gathered is necessary to determine the health and competitiveness as well as the needs of these critical market segments in order to maintain a strong U.S. industrial base.

    Affected Public: Businesses and other for-profit institutions.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

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

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

    Dated: March 23, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-06985 Filed 3-28-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-552-801] Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results and Partial Rescission of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    SUMMARY:

    The Department of Commerce (“the Department”) published the Preliminary Results of the 11th administrative review of the antidumping duty order on certain frozen fish fillets (“fish fillets”) from the Socialist Republic of Vietnam (“Vietnam”) on September 14, 2015.1 We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the “Final Results of the Administrative Review” section of this notice. The period of review (“POR”) is August 1, 2013, through July 31, 2014.

    1See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2013-2014, 80 FR 55092 (September 14, 2015) (“Preliminary Results”) and accompanying Preliminary Decision Memorandum (“Preliminary Decision Memo”).

    DATES:

    Effective March 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Paul Walker or Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202-482-0413 or 202-482-2243, respectively.

    SUPPLEMENTARY INFORMATION: Background

    The Department published the Preliminary Results on September 14, 2015.2 The Department conducted a verification of Thuan An Production Trading and Service Co., Ltd. (“Tafishco”) and its tollers between September 21, 2015, through October 6, 2015.3 The Department also conducted a verification of the Hung Vuong Group4 (“HVG”) between November 10, 2015, through November 24, 2015.5 On January 11, 2016, the Department extended the deadline for the final results to March 14, 2016.6 As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government.7 All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results of this administrative review is now March 18, 2016. Between February 11 and February 22, 2016, interested parties submitted case and rebuttal briefs. On March 3, 2016, the Department held a closed hearing and a public hearing limited to issues raised in the case and rebuttal briefs.

    2See Preliminary Results.

    3See Memorandum to the File, from Jerry Huang, International Trade Analyst, Office V, and Javier Barrientos, International Trade Analyst, Office V, “Verification of the Sales and Factors of Production Responses of Thuan An Production Trading and Service Co., Ltd. in the 2013-2014 Administrative Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,” dated February 2, 2016.

    4 The Hung Vuong Group includes: An Giang Fisheries Import & Export Joint Stock Company, Asia Pangasius Company Limited (“Asia Pangasius”), Europe Joint Stock Company, Hung Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung Vuong—Vinh Long Co., Ltd., and Hung Vuong—Sa Dec Co., Ltd. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of the Antidumping Duty Administrative Review and New Shipper Review; 2011-2012, 79 FR 19053 (April 7, 2014) and accompanying Issues and Decision Memorandum at 3.

    5See Memorandum to the File, from Javier Barrientos, International Trade Analyst, Office V, and Kenneth Hawkins, International Trade Analyst, Office V, “Verification of the Sales and Factors of Production Responses of Agifish and HVG in the 2013-2014 Administrative Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam,” dated February 5, 2016.

    6See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office V, Antidumping and Countervailing Duty Operations from Jerry Huang, International Trade Analyst, Office V, Antidumping and Countervailing Duty Operations, “Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,” dated January 11, 2016.

    7See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,” dated January 27, 2016.

    Scope of the Order

    The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus. These products are classifiable under tariff article code 0304.62.0020 (Frozen Fish Fillets of the species Pangasius, including basa and tra), and may enter under tariff article codes 0305.59.0000, 1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100 of the Harmonized Tariff Schedule of the United States (“HTSUS”).8 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.9

    8 Until June 30, 2004 these products were classifiable under HTSUS 0304.20.6030, 0304.20.6096, 0304.20.6043 and 0304.20.6057. From July 1, 2004 until December 31, 2006 these products were classifiable under HTSUS 0304.20.6033. From January 1, 2007 until December 31, 2011 these products were classifiable under HTSUS 0304.29.6033. On March 2, 2011 the Department added two HTSUS numbers at the request of U.S. Customs and Border Protection (“CBP”) that the subject merchandise may enter under: 1604.19.2000 and 1604 19.3000, which were changed to 1604.19.2100 and 1604.19.3100 on January 1, 2012. On January 1, 2012 the Department added the following HTSUS numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 1604.19.4100, 1604.19.5100, 1604.19.6100 and 1604.19.8100.

    9 For a complete description of the scope of the order, see Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Issues and Decision Memorandum for the Final Results of the 11th Antidumping Duty Administrative Review; 2013-2014,” at 2-3 (“Issues and Decision Memorandum”), dated concurrently with and hereby adopted by this notice.

    Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in this review are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (“CRU”), Room B8024 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Changes Since the Preliminary Results

    Based on a review of the record and comments received from interested parties regarding our Preliminary Results, and for the reasons explained in the Issues and Decision Memorandum, we revised the margin calculations for HVG and Tafishco. The Surrogate Values Memo contains further explanation of our changes to the surrogate values selected for HVG's and Tafishco's factors of production.10

    10See Memorandum to the File, through Paul Walker, Program Manager, from Javier Barrientos, Case Analyst, “Eleventh Administrative Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Surrogate Values for the Final Results,” dated concurrently with this notice.

    Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined that An Giang Agriculture and Food Import-Export Joint Stock Company, Asia Commerce Fisheries Joint Stock Company, Binh An Seafood Joint Stock Company, Dai Thanh Seafoods Company Limited, Fatifish Company Limited, Golden Quality Seafood Corporation, Hiep Thanh Seafood Joint Stock Company, Hoa Phat Seafood Import-Export and Processing JSC, Ngoc Ha Co., Ltd. Food Processing and Trading, Quang Minh Seafood Company, Limited, QVD Food Company (“QVD”),11 Ltd., Saigon-Mekong Fishery Co., Ltd., Southern Fisheries Industries Company, Ltd., TG Fishery Holdings Corporation, and To Chau Joint Stock Company (collectively “No Shipment Companies”) did not have any reviewable transactions during the POR.12 Consistent with the Department's refinement to its assessment practice in non-market economy (“NME”) cases, we completed the review with respect to the above-named companies.13 Based on the certifications submitted by No Shipment Companies, we continue to determine that these companies did not have any reviewable transactions during the POR. As noted in the “Assessment Rates” section below, the Department intends to issue appropriate instructions to CBP for the above-named companies based on the final results of the review.

    11 This rate is also applicable to QVD Dong Thap Food Co., Ltd. (“QVD Dong Thap”) and Thuan Hung Co., Ltd. (“Thufico”). In the second review of this order, the Department found QVD, QVD Dong Thap and Thufico to be a single entity and, because there have been no changes to this determination since that administrative review, we continue to find these companies to be part of a single entity. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 53387 (September 11, 2006).

    12See Preliminary Results, 80 FR at 55093.

    13See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-65695 (October 24, 2011).

    Vietnam-Wide Entity

    We noted in the Preliminary Results that a review was requested, but not rescinded, for Asia Pangasius, Nam Phuong Seafood Co., Ltd. (“Nam Phuong”), NTACO Corporation (“NTACO”), Thien Ma Seafood Co., Ltd. (“Thien Ma”), and Thufico.14 As noted below, and consistent with Comment VII of the Issues and Decision Memorandum, the Department is rescinding this review with respect to NTACO and Nam Phuong. Consistent with Comment IV of the Issues and Decision Memorandum, the Department finds that Asia Pangasius is a part of HVG, and is eligible for a separate rate. Consistent with Comment V of the Issues and Decision Memorandum, and as noted above, the Department finds that Thufico is a part of QVD, and made no shipments during the POR. As a result of these decisions, we no longer find that Asia Pangasius, Nam Phuong, NTACO and Thufico are a part of the Vietnam-wide entity.

    14See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 58729 (September 30, 2014); Preliminary Results, 80 FR at 55093.

    Consistent with Comment III of the Issues and Decision Memorandum, we find that two of Tafishco's uncooperative tollers are a part of the Vietnam-wide entity. Consistent with Comment VI of the Issues and Decision Memorandum, we find that Caseamex is not entitled to a separate rate. Moreover, Thien Ma did not submit completed a separate rate application or certification. Accordingly, for the final results, the Department finds that Tafishco's uncooperative tollers, Caseamex, and Thien Ma are a part of the Vietnam-wide entity.

    Partial Rescission of Administrative Review

    In accordance with 19 CFR 351.214(j), and in accordance with our decision in Comment VII of the Issues and Decision Memorandum, the Department is rescinding this review with respect to NTACO and Nam Phuong.

    Final Results of the Review

    The dumping margins for the final results of this administrative review are as follows:

    15 In the third administrative review of this order, the Department determined that it would calculate per-unit assessment and cash deposit rates for all future reviews. See Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and Partial Rescission, 73 FR 15479 (March 24, 2008).

    Exporter Weighted-
  • average margin
  • (dollars/kilogram) 15
  • Hung Vuong Group 0.41 Thuan An Production Trading and Services Co., Ltd 0.97 Basa Joint Stock Company 0.69 Cadovimex II Seafood Import-Export and Processing Joint Stock Company 0.69 Cafatex Corporation 0.69 C.P. Vietnam Corporation 0.69 Cuu Long Fish Joint Stock Company 0.69 East Sea Seafoods LLC 0.69 GODACO Seafood Joint Stock Company 0.69 Green Farms Seafood Joint Stock Company 0.69 Hoang Long Seafood Processing Company Limited 0.69 Nam Viet Corporation 0.69 NTSF Seafoods Joint Stock Company 0.69 Seafood Joint Stock Company No. 4—Branch Dong Tam Fisheries Processing Company 0.69 Viet Phu Foods and Fish Corporation 0.69 Vinh Quang Fisheries Joint-Stock Company 0.69
    Disclosure

    The Department will disclose calculations performed for these final results to the parties within five days of the date of publication of this notice, in accordance with section 351.224(b) of the Department's regulations.

    Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review.

    For assessment purposes, we calculated importer (or customer)-specific assessment rates for merchandise subject to this review. We will continue to direct CBP to assess importer specific assessment rates based on the resulting per-unit (i.e., per kg) rates by the weight in kgs of each entry of the subject merchandise during the POR. Specifically, we calculated importer specific duty assessment rates on a per-unit rate basis by dividing the total dumping margins (calculated as the difference between normal value and export price, or constructed export price) for each importer by the total sales quantity of subject merchandise sold to that importer during the POR. If an importer (or customer)-specific assessment rate is de minimis (i.e., less than 0.50 percent), the Department will instruct CBP to assess that importer (or customer's) entries of subject merchandise without regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).

    The Department determines that No Shipment Companies did not have any reviewable transactions during the POR. As a result, any suspended entries that entered under these exporter's case numbers (i.e., at that exporter's rate) will be liquidated at the Vietnam-wide rate.16

    16See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also Preliminary Decision Memo at 4-5.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed Vietnamese and non-Vietnamese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all Vietnamese exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the Vietnam-wide rate of $2.39 per kg; and (4) for all non-Vietnamese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Vietnamese exporters that supplied that non-Vietnamese exporter. The deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these administrative reviews and notice in accordance with sections 751(a)(l) and 777(i) of the Act.

    Dated: March 18, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Final Decision Memorandum Comment I Application of Facts Available to HVG and Tafishco Comment II Application of Facts Available to HVG's Farming Factors Comment III Application of Adverse Facts Available to Certain Tafishco's Tollers Comment IV Assignment of Vietnam-wide Rate to Asia Pangasius and HVG Comment V Assignment of Vietnam-wide Rate to QVD Food Company Ltd. Comment VI Assignment of Vietnam-wide Rate to Can Tho Import-Export Joint Stock Company Comment VII Rescission of Review with Respect to NTACO Corporation and Nam Phuong Seafood Company Ltd. Comment VIII Combination Rates Comment IX Surrogate Value for Fish Feed Comment X Surrogate Value for Fingerlings Comment XI Surrogate Value for Water Comment XII Application of Marine Insurance Comment XIII Packing A. Packing Type Should Not be a Physical Characteristic B. Tafishco's Packing Materials Factors of Production Usage Rates C. Surrogate Value for Strap D. Surrogate Value for Tape Comment XIV By-Products A. Whether to Value Certain By-products B. Surrogate Value for Fish Waste Comment XV Customs Instructions
    [FR Doc. 2016-07072 Filed 3-28-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE201 Notice of Availability of the Deepwater Horizon Oil Spill Record of Decision (ROD) for the Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS) AGENCY:

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

    ACTION:

    Notice of availability of a Record of Decision.

    SUMMARY:

    In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA), notice is hereby given that the Deepwater Horizon Federal and State natural resource trustee agencies (Trustees) have issued a Record of Decision (ROD) for the Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS). Based on the Trustees' injury determination established in the Final PDARP/PEIS, the ROD sets forth the basis for the Trustees' decision to select Alternative A: Comprehensive Integrated Ecosystem Alternative. The Trustees' selection of this alternative includes the funding allocations established in the Final PDARP/PEIS.

    ADDRESSES:

    Obtaining Documents: You may download the ROD at http://www.gulfspillrestoration.noaa.gov or http://www.doi.gov/deepwaterhorizon. You may also view the ROD at any of the public repositories listed at http://www.gulfspillrestoration.noaa.gov.

    FOR FURTHER INFORMATION CONTACT:

    Courtney Groeneveld at [email protected], mail to: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    On February 17, 2011, the Trustees initiated a 90-day formal scoping and public comment period for the Draft PDARP/PEIS (76 FR 9327) through a Notice of Intent (NOI) to Begin Restoration Scoping and Prepare a Gulf Spill Restoration Planning PEIS. The Trustees conducted the scoping in accordance with OPA (15 CFR 990.14(d)), NEPA (40 CFR 1501.7), and State authorities. That NOI requested public input to identify and evaluate a range of restoration types that could be used to fully compensate the public for the environmental and recreational use damages caused by the spill, as well as develop procedures to select and implement restoration projects that will compensate the public for the natural resource damages caused by the spill. As part of the scoping process, the Trustees hosted public meetings across all the Gulf States during Spring 2011.

    A Notice of Availability of the Draft PDARP/PEIS was published in the Federal Register on October 5, 2015 (80 FR 60126). The Draft PDARP/PEIS presented the assessment of impacts of the Deepwater Horizon incident on natural resources in the Gulf of Mexico and on the services those resources provide, and determined the restoration needed to compensate the public for these impacts. The Draft PDARP/PEIS presented four programmatic alternatives evaluated in accordance with OPA and NEPA:

    • Alternative A (Preferred Alternative): Comprehensive Integrated Ecosystem Restoration Plan based on programmatic Trustee goals;

    • Alternative B: Resource-Specific Restoration Plan based on programmatic Trustee goals;

    • Alternative C: Continued Injury Assessment and Defer Comprehensive Restoration Plan; and

    • Alternative D: No Action/Natural Recovery.

    The Trustees provided the public with 60 days to review and comment on the Draft PDARP/PEIS. The Trustees held public meetings in Houma, LA; Long Beach, MS; New Orleans, LA; Mobile, AL; Pensacola, FL; St. Petersburg, FL; Galveston, TX; and Washington, DC, to facilitate public understanding of the document and provide opportunity for public comment. Additionally, the Trustees solicited public input through a variety of mechanisms, including electronic communications, Trustee Council and individual Trustee public Web sites, and a public comment portal for public comment collection. The Trustees prepared the Final PDARP/PEIS in consideration of the public comments received and included a summary of the comments and responses in the Final PDARP/PEIS.

    A Notice of Availability of the Final PDARP/PEIS was published in the Federal Register on February 19, 2016 (81 FR 8483). In the Final PDARP/PEIS, the Deepwater Horizon Trustees presented their findings on the extensive injuries to multiple habitats, biological species, ecological functions, and geographic regions across the northern Gulf of Mexico that occurred as a result of the Deepwater Horizon incident, as well as their programmatic plan, including funding allocations, for restoring those resources and the services they provide. The Final PDARP/PEIS describes the framework by which subsequent project specific restoration plans will be developed.

    As documented in the Record of Decision (ROD) signed on March 22, 2016, the Trustees have: Determined the extent of injury to natural resources and services caused by the Deepwater Horizon oil spill incident; analyzed alternatives to restore those injuries; considered environmental impacts associated with the restoration alternatives, including the extent to which any adverse impacts could be mitigated; considered public and agency comments; considered the funding allocations required for restoration; and developed a governance approach for implementing restoration. Based on these considerations and the determination of injury, the ROD presents the Trustees' decision to select their Preferred Alternative, Alternative A: Comprehensive Integrated Ecosystem Restoration and the associated funding allocation, for implementation. The Trustees also conclude that all practicable means to avoid, minimize, or compensate for environmental harm from the action have been considered programmatically in the PDARP/PEIS, and that project-specific measures will be adopted at a later date during subsequent restoration planning.

    The Trustees considered this programmatic restoration planning decision in light of the proposed settlement among BP, the United States, and the States of Louisiana, Mississippi, Alabama, Florida, and Texas to resolve BP's liability for natural resource damages associated with the Deepwater Horizon incident. Under this proposed settlement, BP would pay a total of $8.1 billion for restoration to address natural resource injuries (this includes $1 billion already committed for early restoration), plus up to an additional $700 million to respond to natural resource damages unknown at the time of the settlement and/or to provide for adaptive management. The proposed Consent Decree for the proposed settlement was the subject of a separate public notice and comment process; the Notice of Lodging of the proposed Consent Decree under the Clean Water Act and Oil Pollution Act was published in the Federal Register on October 5, 2015 (80 FR 60180).

    Administrative Record

    The documents included in the Administrative Record for the final PDARP/PEIS decision can be viewed electronically at the following location: http://www.doi.gov/deepwaterhorizon/adminrecord.

    The Trustees opened a publicly available Administrative Record for the Natural Resource Damage Assessment for the Deepwater Horizon oil spill, including restoration planning activities, concurrently with publication of a 2010 Notice of Intent to Conduct Restoration Planning (75 FR 60802) (pursuant to 15 CFR 990.45).

    Authorities

    The authorities for this action are the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and the implementing Natural Resource Damage Assessment regulations found at 15 CFR part 990, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    Dated: March 23, 2016. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-06979 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE234 Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation Project AGENCY:

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

    ACTION:

    Notice; issuance of an incidental take authorization.

    SUMMARY:

    In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Washington State Department of Transportation (WSDOT) to take, by harassment, small numbers of 10 species of marine mammals incidental to construction activities for the Coupeville Timber Tower Preservation Project in Washington State, between July 15, 2016, and July 14, 2017.

    DATES:

    This authorization is effective from July 15, 2016, through July 14, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization.

    Summary of Request

    On June 9, 2015 WSDOT submitted a request to NOAA requesting an IHA for the possible harassment of small numbers of marine mammal species incidental to construction associated with the Coupeville Timber Towers Preservation Project at the Coupeville Ferry Terminal in Washington State, between July 15, 2016, and July 14, 2017. On September 22, WSDOT submitted a revised IHA application which incorporated rigorous monitoring and mitigation measures that would prevent the take of humpback whales and the Southern Resident killer whales, which are listed under the Endangered Species Act (ESA). The revised IHA application requests the take of small numbers of 10 marine mammal species incidental to the Coupeville Timber Towers Preservation Project. NMFS determined that the IHA application was complete on October 1, 2015. NMFS proposed to authorize the Level B harassment of the following marine mammal species/stocks: harbor seal, California sea lion, Steller sea lion (eastern Distinct Population Segment, or DPS), northern elephant seal, killer whale (West Coast transient stock), gray whale, minke whale, harbor porpoise, Dall's porpoise, and Pacific white-sided dolphin.

    Description of the Specified Activity

    A detailed description of the WSDOT's Coupeville Timber Towers Preservation Project is provided in the Federal Register notice for the proposed IHA (81 FR 3378; January 21, 2016).

    WSDOT proposes to conduct Coupeville Timber Towers Preservation Project at the Washington Coupeville Ferry Terminal on Whidbey Island, Washington (Figure 1-2 of the IHA application), to upgrade the existing transfer span towers at the Coupeville Ferry Terminal. These activities include impact pile driving and vibratory pile removal.

    Eight 24-inch diameter hollow steel piles would be installed to support the towers, and concrete caps will be installed on top of the towers in order to support the headframe that houses the pulleys for the transfer span cables. Five to seven 12-inch timber piles would be removed to allow room for the new steel piles to be installed. The remaining tower timber piles would remain in place to help support the structure. Up to 6 temporary 24-inch diameter hollow steel piles would be installed to support the transfer span and towers cable systems during construction. All pile installation would be using impact pile driving.

    Temporary steel piles would be removed with a vibratory hammer. Timber piles would be removed with a vibratory hammer or by direct pull using a chain wrapped around the pile. Although timber piles may be removed by means unlikely to result in harassment of marine mammals, we assume for purposes of this analysis that all timber piles would be removed with a vibratory hammer. The crane operator would take measures to reduce turbidity, such as vibrating the pile slightly to break the bond between the pile and surrounding soil, and removing the pile slowly; or if using direct pull, keep the rate at which piles are removed low enough to meet regulatory turbidity limit requirements. If piles are so deteriorated they cannot be removed using either the vibratory or direct pull method, the operator would use a clamshell to pull the piles from below the mudline. All work would occur in water depths between −10 and −20 feet mean lower-low water. It is expected to take 8 working days to complete the pile driving and removal activities.

    Since that time, no changes have been made to the proposed construction activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity.

    Comments and Responses

    A notice of NMFS' proposal to issue an IHA to WSDOT was published in the Federal Register on January 21, 2016. That notice described, in detail, WSDOT's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received comments only from the Marine Mammal Commission (Commission). Specific comments and responses are provided below.

    Comment 1: The Commission recommends that NMFS issue the requested incidental harassment authorization, subject to inclusion of the proposed mitigation, monitoring, and reporting measures.

    Response: NMFS concurs with the Commission's recommendation and has included the mitigation, monitoring, and reporting measures contained in the proposed authorization in the issued IHA.

    Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction in the proposed construction area include Pacific harbor seal (Phoca vitulina richardsi), northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), killer whale (Orcinus orca) (transient and Southern Resident stocks), Eastern North Pacific gray whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera acutorostrata), harbor porpoise (Phocoena phocoena), Dall's porpoise (P. dalli), and Pacific white-sided dolphin (Lagenorhynchus obliquidens). The Western North Pacific gray whale has been observed off the Northwest Pacific; however, the occurrence of this gray whale population in the vicinity of the project area is very unlikely.

    Table 1—Marine Mammal Species Potentially Present in Region of Activity Species ESA status MMPA status Occurrence. Harbor Seal Not listed Non-depleted Frequent. California Sea Lion Not listed Non-depleted Frequent. Northern Elephant Seal Not listed Non-depleted Occasional. Steller Sea Lion (eastern DPS) Not listed Under review Rare. Harbor Porpoise Not listed Non-depleted Frequent. Dall's Porpoise Not listed Non-depleted Occasional. Pacific White-sided dolphin Not listed Non-depleted Occasional. Killer Whale Endangered (Southern Resident) Depleted Occasional. Killer whale Not listed (transient) Non-depleted Occasional. Gray Whale Delisted (Eastern North Pacific) Unclassified Occasional. Humpback Whale Endangered Depleted Rare. Minke Whale Not listed Non-depleted Rare.

    General information on the marine mammal species found in Washington coastal waters can be found in Caretta et al. (2015), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/pacific_sars_2014_final_noaa_swfsc_tm_549.pdf. Refer to that document for information on these species. A list of marine mammals in the vicinity of the action and their status are provided in Table 1. Specific information concerning these species in the vicinity of the proposed action area is provided in detail in the WSDOT's IHA application. Currently, NMFS is conducting a review of the discrete population segments (DPS) of humpback whales for potential delisting, and the Northeast Pacific humpback whale could be delisted from the ESA list if the review determines that this population has recovered significantly.

    Potential Effects of the Specified Activity on Marine Mammals

    The effects of underwater noise from in-water pile removal and pile driving associated with the Coupeville Timber Towers Preservation Project has the potential to result in behavioral harassment of marine mammal species and stocks in the vicinity of the action area. The Notice of Proposed IHA (81 FR 3378; January 21, 2016) included a discussion of the effects of anthropogenic noise on marine mammals, which is not repeated here. No instances of hearing threshold shifts (TS), injury, serious injury, or mortality are expected as a result of WSDOT's activities because the relatively low received levels from the sources. In addition, marine mammals are likely to avoid the immediate vicinity of the pile driving area to avoid TS.

    Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammals and other marine species are associated with elevated sound levels, but the project may also result in additional effects to marine mammal prey species and short-term local water turbidity caused by in-water construction due to pile removal and pile driving. These potential effects and the significance of any important marine mammal habitat are discussed in detail in the Federal Register notice for the proposed IHA and are not repeated here. The discussion provided previously indicates that any impacts to marine mammal habitat are not expected to cause significant or long-term consequences for individual marine mammals or their populations.

    Mitigation Measures

    In order to issue an incidental take authorization under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses.

    For WSDOT's proposed Coupeville Timber Towers Preservation Project, NMFS is requiring WSDOT to implement the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity as a result of the in-water construction activities.

    Time Restriction

    Work would occur only during daylight hours, when visual monitoring of marine mammals can be conducted. In addition, all in-water construction will be limited to the period between July 15, 2016, and February 15, 2017, to avoid impacts to spawning salmonids.

    Underwater Noise Attenuation Device

    An air bubble curtain system or other noise attenuation device would be employed during impact installation or proofing of steel piles unless the piles are driven on dry areas.

    Establishment of Exclusion Zone and Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, WSDOT would establish Level A exclusion zones and Level B zones of influence (ZOIs). The received underwater sound pressure levels (SPLs) within the exclusion zone would be 190 dB (rms) re 1 μPa and above for pinnipeds and 180 dB (rms) re 1 μPa and above for cetaceans. The Level B ZOIs would encompass areas where received underwater SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 μPa for impulse noise sources (impact pile driving) and non-impulse noise sources (vibratory pile removal), respectively.

    Based on in-water measurements at the WSDOT Port Townsend Ferry Terminal (WSDOT 2011a), removal of 12-in timber piles generated 149 to 152 dB (rms) re 1 μPa with an overall average value of 150 dB (rms) re 1 μPa measured at 16 m. A worst-case noise level for vibratory removal of 12-in timber piles would be 152 dB (rms) re 1 μPa at 16 m.

    Based on in-water measurements at the WSDOT Port Townsend Ferry terminal, impact pile driving of 24-in steel piles ranged from 175 to187 dB (rms) re 1 μPa measured at 10 m during the use of an air bubble curtain (WSDOT 2014a). An air bubble curtain would be used to attenuate steel pile impact driving noise during this project. A worst-case noise level for impact driving of 24-in steel piles would be 187 dB (rms) re 1 μPa at 10 m.

    Data for vibratory removal of 24-inch temporary steel piles is not available, so it is conservatively assumed to be the same as vibratory driving. Based on in-water measurements at the same location as the activity considered here (previously known as the WSDOT Keystone Ferry Terminal), vibratory driving of 24-in steel piles ranged from 164 to 176 dB (rms) re 1 μPa with an overall average value of 171 dB (rms) re 1 μPa. Distances from hydrophone to pile ranged between 6 and 11 m (WSDOT 2010a). A worst-case noise level for vibratory removal of 24-in steel piles will be 176 dB (rms) re 1 μPa at 6 m.

    Using a simple practical spreading model (sound transmission loss of 4.5dB per doubling distance) to determine the distance where underwater sound will attenuate to the 120 dB (rms) re 1 μPa threshold, the ZOIs are calculated below:

    • 152 dB (rms) re 1 μPa at 16 m (12-in timber vibratory pile removal): ~2.3 km/1.4 mi

    • 176 dB (rms) re 1 μPa at 6 m (24-in steel vibratory pile removal): ~32 km/20 mi (land is reached at ~31 km/19 mi)

    The vibratory pile removal source levels do not exceed the Level A harassment criteria.

    Using 187 dB (rms) re 1 μPa at 10 m for 24-in impact pile driving and the practical spreading loss model, the distances to the thresholds are calculated:

    • The 190 dB (rms) re 1 μPa pinniped Level A harassment exclusion zone is reached within 6.3 m/21 ft.

    • The 180 dB (rms) re 1 μPa cetacean Level A harassment exclusion zone is reached within 29 m/95 ft.

    • The 160 dB (rms) re 1 μPa Level B ZOI is reached within 631 m/2,070 ft.

    The more conservative cetacean injury zone (29 m/95 ft.) will be used to set the 24-inch steel exclusion zone. Although there is no acoustic injury zone for vibratory pile removal and the use of other heavy machinery other than impact pile driving, WSDOT should establish an exclusion zone of 10 m (30 ft.) around the equipment.

    A summary of distances and areas of the exclusion zones for Level A harassment and of ZOI for Level B harassment is provided in Table 2 below.

    Table 2—Distances and Areas of Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities Pile driving method Distance to
  • 190 dB (m)
  • Distance to
  • 180 dB (m)
  • Distance to
  • 160 dB (m)
  • Distance to
  • 120 dB (km)
  • ZOI size
  • (km2)
  • Vibratory pile removal (12-in timber) NA NA NA 2.3 6.4 Vibratory pile removal (24-in steel) NA NA NA 32 140 Impact driving (24-in steel pile) 6.3 29 631 NA 0.16
    Soft Start

    A “soft-start” technique is intended to allow marine mammals to vacate the area before the pile driver reaches full power. Whenever there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures.

    For vibratory hammers, the contractor shall initiate the driving for 15 seconds at reduced energy, followed by a 1 minute waiting period. This procedure shall be repeated two additional times before continuous driving is started. This procedure shall also apply to vibratory pile removal.

    For impact driving, an initial set of three strikes would be made by the hammer at 40-percent energy, followed by a 1-minute waiting period, then two subsequent three-strike sets at 40-percent energy, with 1-minute waiting periods, before initiating continuous driving.

    Shutdown and Power-Down Measures

    WSDOT shall implement shutdown if a marine mammal is sighted within or approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if a large cetacean is not sighted for 30 minutes or if a small cetacean or pinniped is not sighted for 15 minutes after the shutdown.

    In addition, WSDOT would implement shutdown measure when Southern Resident killer whales (as identified by Orca Network, NMFS, or other qualified source) or when humpback whales are detected or are notified by local marine mammal researchers to approach the ZOIs during pile removal and pile driving, therefore preventing Level B takes of Southern Resident killer whales and humpback whales.

    If a killer whale approaches the ZOI during pile driving or removal, and it is unknown whether it is a Southern Resident killer whale or a transient killer whale, it shall be assumed to be a Southern Resident killer whale and WSDOT shall implement the shutdown measure.

    Finally, WSDOT would implement shutdown or measure to prevent Level B takes when the take of any other species or stock of marine mammal is approaching the limited take authorized under the IHA.

    Coordination With Local Marine Mammal Research Network

    Prior to the start of daily pile driving, the Orca Network and/or Center for Whale Research would be contacted to find out the location of the nearest marine mammal sightings. Daily sightings information can be found on the Orca Network Twitter site (https://twitter.com/orcanetwork), which would be checked several times a day.

    The Orca Sightings Network consists of a list of over 600 (and growing) residents, scientists, and government agency personnel in the U.S. and Canada. Sightings are called or emailed into the Orca Network and immediately distributed to other sighting networks including: the Northwest Fisheries Science Center of NMFS, the Center for Whale Research, Cascadia Research, the Whale Museum Hotline and the British Columbia Sightings Network.

    “Sightings” information collected by the Orca Network includes detection by hydrophone. The SeaSound Remote Sensing Network is a system of interconnected hydrophones installed in the marine environment of Haro Strait (west side of San Juan Island) to study orca communication, in-water noise, bottom-fish ecology and local climatic conditions. A hydrophone at the Port Townsend Marine Science Center measures average in-water sound levels and automatically detects unusual sounds. These passive acoustic devices allow researchers to hear when different marine mammals come into the region. This acoustic network, combined with the volunteer (incidental) visual sighting network allows researchers to document presence and location of various marine mammal species.

    With this level of coordination in the region of activity, WSDOT will be able to get real-time information on the presence or absence of whales before starting any pile driving.

    Mitigation Conclusions

    NMFS has carefully evaluated the mitigation measures proposed by WSDOT in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. NMFS does not believe any further mitigation measures are necessary to achieve this purpose. Our evaluation of potential measures included consideration of the following factors in relation to one another:

    • The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals.

    • The proven or likely efficacy of the specific measure to minimize adverse impacts as planned.

    • The practicability of the measure for applicant implementation.

    Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal).

    (2) A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to received levels of pile driving and pile removal or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (3) A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to received levels of pile driving and pile removal, or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (4) A reduction in the intensity of exposures (either total number or number at biologically important time or location) to received levels of pile driving, or other activities expected to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only).

    (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time.

    (6) For monitoring directly related to mitigation—an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of the applicant's proposed measures, as well as other measures considered by NMFS, NMFS has determined that the mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Monitoring and Reporting

    In order to issue an incidental take authorization (ITA) for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. WSDOT submitted a marine mammal monitoring plan as part of the IHA application. It can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.

    Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals:

    (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below;

    (2) An increase in our understanding of how many marine mammals are likely to be exposed to levels of pile driving that we associate with specific adverse effects, such as behavioral harassment, Temporary Threshold Shift (TTS), or Permanent Threshold Shift (PTS);

    (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods:

    Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli;

    (4) An increased knowledge of the affected species; and

    (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures.

    Monitoring Measures

    WSDOT shall employ NMFS-approved protected species observers (PSOs) to conduct marine mammal monitoring for its Coupeville timber towers preservation project. During pile removal and installation, land-based and vessel-based PSOs would monitor the area from the best observation points available. The number of PSOs will be based on the sizes of ensonified zones and on the number necessary to ensure that the entire zones are monitored.

    During 24-inch steel impact pile driving, two land-based PSOs monitors will monitor the exclusion zone and ZOI. Pile driving will be paused if any marine mammal approaches the exclusion zone, which equate to the 29-m Level A harassment zone for those species for which take is authorized and to the larger Level B harassment zone for all other species.

    During in-water construction using other heavy machinery (including vibratory pile removal), construction activities should be paused if any marine mammal approaches the 10-m exclusion zone surrounding the heavy equipment.

    During vibratory timber pile removal, two land-based PSOs will monitor the ZOI, as shown in Figure 2 of WSDOT's Marine Mammal Monitoring Plan.

    During 24-inch vibratory pile removal, 7 land-based PSOs and one monitoring boat with a PSO and boat operator will monitor the ZOI, as shown in Figure 3 of WSDOT's Marine Mammal Monitoring Plan.

    If weather prevents safe use of the boat in the main channel of the ZOI, the boat will be used in other areas of the ZOI that are safe, such as the southwest corner of the ZOI, and where lack of public access prevents stationing a land-based PSO.

    The PSOs would observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. If a PSO observes a marine mammal within or approaching the exclusion zone, the PSO would notify the work crew to initiate shutdown measures. Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 × 42 power). To verify the required monitoring distance, the exclusion zones and ZOIs will be determined by using a range finder or hand-held global positioning system device.

    During the project, in-water measurements of vibratory pile removal and impact pile driving noises may be taken to determine if the ZOIs need to be modified.

    Reporting Measures

    WSDOT shall submit a final monitoring report within 90 days after completion of the construction work or the expiration of the IHA, whichever comes earlier. This report would detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. NMFS would have an opportunity to provide comments on the report, and if NMFS has comments, WSDOT would address the comments and submit a final report to NMFS within 30 days.

    In addition, NMFS requires WSDOT to notify NMFS' Office of Protected Resources and NMFS' Stranding Network within 48 hours of sighting an injured or dead marine mammal in the vicinity of the construction site. WSDOT shall provide NMFS with the species or description of the animal(s), the condition of the animal(s) (including carcass condition, if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available).

    In the event that WSDOT finds an injured or dead marine mammal that is not in the vicinity of the construction area, WSDOT would report the same information as listed above to NMFS as soon as operationally feasible.

    Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].

    In-water pile removal and pile driving (vibratory and impact) generate loud noises that could potentially harass marine mammals in the vicinity of WSDOT's proposed Coupeville timber tower preservation project.

    Currently NMFS uses 120 dB re 1 μPa and 160 dB re 1 μPa at the received levels for the onset of Level B harassment from non-impulse (vibratory pile driving and removal) and impulse sources (impact pile driving) underwater, respectively. Table 3 summarizes the current NMFS marine mammal take criteria.

    Table 3—Current Acoustic Exposure Criteria for Non-explosive Sound Underwater Criterion Criterion definition Threshold Level A Harassment (Injury) Permanent Threshold Shift (PTS) (Any level above that which is known to cause TTS) 180 dB re 1 μPa (cetaceans).
  • 190 dB re 1 μPa (pinnipeds).
  • root mean square (rms).
  • Level B Harassment Behavioral Disruption (for impulse noises) 160 dB re 1 μPa (rms). Level B Harassment Behavioral Disruption (for non-impulse noise) 120 dB re 1 μPa (rms).

    As explained above, exclusion zones and ZOIs will be established that encompass the areas where received underwater sound pressure levels (SPLs) exceed the applicable thresholds for Level A and Level B harassments, respectively.

    With the exception of harbor seals, Steller sea lion, and harbor porpoise, it is anticipated that all of the marine mammals that enter the Level B acoustical harassment ZOIs will be exposed to pile driving and removal noise only as they are transiting the area. Only harbor seals, Steller sea lion, and harbor porpoise are expected to forage and haulout in the Coupeville ZOIs with any frequency and could be exposed multiple times during a project.

    As mentioned earlier, the distances to NMFS threshold for Level B (harassment) take for impact pile driving and vibratory pile removal were estimated as follows:

    ZOI-1: the 160 dB (rms) impact pile driving harassment threshold for 24” steel = 631 m/1,523 ft.

    ZOI-2: the 120 dB (rms) vibratory harassment threshold for 12-inch timber vibratory pile removal: = ~2.3 km/1.4 mi.

    ZOI-3: the 120 dB (rms) vibratory harassment threshold for 24-inch steel vibratory pile removal: = ~32 km/20 mi (land is reached at ~31 km/19 mi).

    Airborne noises can affect pinnipeds, especially resting seals hauled out on rocks or sand spits. The 90 dB (rms) re 20 μPa harbor seal threshold was estimated at 126 ft/38 m, and the 100 dB (rms) re 20 μPa sea lion threshold at 40 ft/12 m.

    The closest documented harbor seal haulout is the Rat Island/Kilisut Harbor Spit haulout in Port Townsend Bay, 5.5 miles southwest. The closest documented California sea lion haulout is a channel marker buoy located off Whidbey Island's Bush Point, 9 miles south. The closest documented Steller sea lion haulout is Craven Rock haulout, east of Marrowstone Island 5.5 miles south of the ferry terminal. Therefore, in-air disturbance could occur only to those pinnipeds moving on the surface through the immediate pier area, within approximately 126 ft/38 m and 40 ft/12 m of pile removal and driving. However, these individuals would also likely be exposed to underwater sound produced by the project. We do not consider potential effects from airborne noise further in this analysis.

    No Level A take is expected due to implementing monitoring and mitigation measures such as installing air bubble curtain device for all impact pile driving and implementing shut-down measures for marine mammals about to enter the exclusion zones.

    Incidental take for each species is estimated by determining the likelihood of a marine mammal being present within a ZOI during active pile driving or removal. Expected marine mammal presence is determined by past observations and general abundance near the project site during the construction window. Typically, potential take is estimated by multiplying the area of the ZOI by the local animal density. This provides an estimate of the number of animals that might occupy the ZOI at any given moment. However, there are no density estimates for any Puget Sound population of marine mammal. As a result, the take requests were estimated using local marine mammal data sets (e.g., The Whale Museum, Orca Network, state and federal agencies), opinions from state and federal agencies, and observations from WSDOT biologists.

    The calculation for marine mammal exposures is estimated by:

    Exposure estimate = N × days of pile driving/removal, where:

    N = # of animals based on long-term observations by local researchers.

    Specifically, daily marine mammal occurrence (N) for harbor seal, Steller sea lion, and harbor porpoise are based on the observation data from the Orca Network (WSDOT 2015). Daily marine mammal occurrence for Dall's porpoise, transient killer whale, gray whale, and minke whale are based on the observation data from the Whale Museum (WSDOT 2015). The occurrence of the rest of the marine mammal species which do not frequently occur in the proposed project area are based on limited sighting occurrences over the years (WSDOT 2015).

    Using this approach, a summary of estimated takes of marine mammals incidental to WSDOT's Coupeville Timber Towers Preservation Project are provided in Table 4.

    Table 4—Estimated Numbers of Marine Mammals That May Be Exposed to Received Noise Levels That Could Cause Level B Behavioral Harassment Species Estimated
  • marine
  • mammal takes
  • Abundance Percentage
    Pacific harbor seal 256 11,036 2.3 California sea lion 16 296,750 0.01 Steller sea lion 328 63,160 0.6 Northern elephant seal 16 74,913 0.02 Harbor porpoise 440 10,682 4.1 Dall's porpoise 24 42,000 0.06 Killer whale, transient 48 243 19.7 Pacific white-sided dolphin 16 29,930 0.05 Gray whale 8 19,126 0.04 Minke whale 16 202 7.9
    Analysis and Determinations Negligible Impact

    Negligible impact is “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of Level B harassment takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat.

    WSDOT's proposed Coupeville timber tower preservation project would involve vibratory pile removal and impact pile driving activities. Elevated underwater noises are expected to be generated as a result of these activities; however, these noises are expected to result in no mortality or Level A harassment and limited Level B harassment of marine mammals. WSDOT would employ an attenuation device (e.g., air bubble curtain) during impact pile driving, thus eliminating the potential for injury (including PTS) and TTS from noise impact. For vibratory pile removal, noise levels are not expected to reach the level that may cause TTS, injury (including PTS), or mortality to marine mammals. Therefore, NMFS does not expect that any animals would experience Level A harassment (including injury or PTS) or Level B harassment in the form of TTS from being exposed to in-water pile removal and pile driving associated with WSDOT's construction project.

    Additionally, the sum of noise from WSDOT's proposed Coupeville timber tower preservation construction activities is confined to a limited area by surrounding landmasses; therefore, the noise generated is not expected to contribute to increased ocean ambient noise. In addition, due to shallow water depths in the project area, underwater sound propagation of low-frequency sound (which is the major noise source from pile driving) is expected to be poor and the area affected by underwater sound may be smaller than is assumed here.

    In addition, WSDOT's proposed activities are localized and of short duration. The entire project area is limited to WSDOT's Coupeville timber towers preservation construction work. The entire project duration for the construction would involve 12 hours in 8 days. These low-intensity, localized, and short-term noise exposures may cause brief startle reactions or short-term behavioral modification by the animals. These reactions and behavioral changes are expected to subside quickly when the exposures cease. Moreover, the required mitigation and monitoring measures are expected to reduce potential exposures and behavioral modifications even further. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of ESA-listed species (Southern Resident killer whales and humpback whales). Additionally, no important feeding and/or reproductive areas for marine mammals are known to be near the proposed action area (Calambokidis et al. 2015). Therefore, the take resulting from the proposed Coupeville timber tower preservation work is not reasonably expected to, and is not reasonably likely to, adversely affect the marine mammal species or stocks through effects on annual rates of recruitment or survival.

    The proposed project area is not a prime habitat for marine mammals, nor is it considered an area frequented by marine mammals. Therefore, behavioral disturbances that could result from anthropogenic noise associated with WSDOT's construction activities are expected to affect marine mammals on an infrequent and limited basis.

    The project also is not expected to have significant adverse effects on affected marine mammals' habitat, as analyzed in detail in the “Anticipated Effects on Marine Mammal Habitat” section. The project activities would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the required monitoring and mitigation measures, NMFS finds that the total marine mammal take from WSDOT's Coupeville timber tower preservation project will have a negligible impact on the affected marine mammal species or stocks.

    Small Number

    Based on analyses provided above, it is estimated that approximately 256 harbor seals, 16 California sea lions, 328 Steller sea lions, 16 northern elephant seals, 440 harbor porpoises, 24 Dall's porpoises, 48 transient killer whales, 16 Pacific white-sided dolphins, 8 gray whales, and 16 minke whales could be exposed to received noise levels that could cause Level B behavioral harassment from the proposed construction work at the Coupeville Ferry Terminal in Washington State. These numbers represent approximately 0.02% to 19.7% of the populations of these species that could be affected by Level B behavioral harassment, respectively (see Table 4 above), which are small percentages relative to the total populations of the affected species or stocks.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Impact on Availability of Affected Species for Taking for Subsistence Uses

    There are no subsistence uses of marine mammals in the proposed project area; and, thus, no subsistence uses impacted by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    The humpback whale and the Southern Resident stock of killer whale are the only marine mammal species currently listed under the ESA that could occur in the vicinity of WSDOT's proposed construction projects. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of these ESA-listed species. NMFS' Permits and Conservation Division coordinated with NMFS West Coast Regional Office (WCRO) and reviewed the WSDOT's proposed monitoring and mitigation measures and determined that with the implementation of these measures, ESA-listed species would not be affected. Therefore, WCRO concurs that section 7 consultation under the ESA is not warranted for the issuance of the IHA.

    National Environmental Policy Act (NEPA)

    NMFS prepared an Environmental Assessment (EA) and analyzed the potential impacts to marine mammals that would result from WSDOT's Coupeville Timber Tower preservation project. A Finding of No Significant Impact (FONSI) was signed in March 2016. A copy of the EA and FONSI is available on the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/ (see ADDRESSES).

    Authorization

    As a result of these determinations, NMFS has issued an IHA to WSDOT for the harassment of small numbers of 10 marine mammal species incidental to the construction work associated to the Coupeville Timber Tower preservation project in Washington State, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.

    Dated: March 24, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-07078 Filed 3-28-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Commerce Spectrum Management Advisory Committee; Call for Applications AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice; Call for applications to serve on advisory committee.

    SUMMARY:

    The National Telecommunications and Information Administration (NTIA) is seeking applications from persons interested in serving on the Department of Commerce Spectrum Management Advisory Committee (CSMAC or committee) for two-year terms. The CSMAC provides advice to the Assistant Secretary for Communications and Information and NTIA Administrator on spectrum policy matters.

    DATES:

    Applications must be postmarked or electronically transmitted on or before May 13, 2016.

    ADDRESSES:

    Persons may submit applications, with the information specified below, to David J. Reed, Designated Federal Officer, by email to [email protected] or by U.S. mail or commercial delivery service to Office of Spectrum Management, National Telecommunications and Information Administration, 1401 Constitution Avenue NW., Room 4600, Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    David J. Reed at (202) 482-5955 or [email protected].

    SUPPLEMENTARY INFORMATION:

    The Commerce Spectrum Management Advisory Committee has been established and chartered by the Department of Commerce under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, and pursuant to section 105(b) of the National Telecommunications and Information Administration Organization Act, as amended, 47 U.S.C. 904(b). The Department of Commerce re-chartered the CSMAC on March 3, 2015, for a two-year period. The CSMAC advises the Assistant Secretary of Commerce for Communications and Information on a broad range of issues regarding spectrum policy. In particular, the current charter provides that the committee will provide advice and recommendations on needed reforms to domestic spectrum policies and management in order to: License radio frequencies in a way that maximizes their public benefit; keep wireless networks as open to innovation as possible; and make wireless services available to all Americans. The CSMAC functions solely as an advisory body in compliance with the FACA. Additional information about the CSMAC and its activities may be found at http://www.ntia.doc.gov/category/csmac.

    Under the terms of the committee's charter, it will have no fewer than five (5) members and no more than thirty (30) members. The members serve on the CSMAC in the capacity of Special Government Employee (SGE). As SGEs, members must comply with certain federal conflict of interest statutes and ethics regulations, including some financial disclosure requirements. Members will not receive compensation or reimbursement for travel or for per diem expenses. No member may be a registered federal lobbyist pursuant to the Lobbying Disclosure Act of 1995 (codified at 2 U.S.C. 1601 et seq.). See Office of Management and Budget, Revised Guidance on Appointment of Lobbyists to Federal Advisory Committees, Boards, and Commissions, 79 FR 47482 (Aug. 13, 2014). No member may be an agent of a foreign principal required to register pursuant to the Foreign Agents Registration Act of 1938, as amended (codified at 22 U.S.C. 611 et seq.).

    The Secretary of Commerce appoints members of the committee who serve at the Secretary's pleasure and discretion for up to a two-year term and may be reappointed for additional terms. NTIA currently seeks applicants for new two-year terms that will commence in August 2016 and continue through August 2018, subject to the anticipated timely renewal of the committee's charter or its termination by proper authority.

    The committee's membership will be fairly balanced in terms of the points of view represented by members and the functions to be performed. Accordingly, its membership will reflect a balanced cross-section of interests in spectrum management and policy, including non-federal spectrum users; state, regional, and local sectors; technology developers and manufacturers; academia; civil society; and service providers with customers in both domestic and international markets. A description of factors that will be considered to determine each applicant's expertise is contained in the committee's Membership Balance Plan (available at http://www.ntia.doc.gov/other-publication/2013/csmac-membership-balance-plan).

    In particular, NTIA seeks applicants with strong technical and engineering knowledge and experience, familiarity with commercial or private wireless technologies and associated businesses, or expertise with specific applications of wireless technologies. The Secretary may consider factors including, but not limited to, educational background, past work or academic accomplishments, and the industry sector in which a member is currently or previously employed. All appointments are made without discrimination on the basis of age, ethnicity, gender, sexual orientation, disability, cultural, religious, or socioeconomic status.

    Each application must include the applicant's full name, address, telephone number and email address, along with a summary of the applicant's qualifications that identifies, with specificity, how his or her education, training, experience, expertise, or other factors would support the CSMAC's work and how his or her participation would help achieve the balance factors described above. Each application must also include a detailed resume or curriculum vitae.

    Dated: March 23, 2016. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration.
    [FR Doc. 2016-06975 Filed 3-28-16; 8:45 am] BILLING CODE 3510-10-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0012, Futures Volume, Open Interest, Price, Deliveries and Purchases/Sales of Futures for Commodities or for Derivatives Positions AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (“CFTC” or “Commission”) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (“PRA”), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on futures volume, open interest, price, deliveries, and purchases/sales of futures for commodities or for derivatives positions.

    DATES:

    Comments must be submitted on or before May 31, 2016.

    ADDRESSES:

    You may submit comments, identified by “Futures Volume & Open Interest Collection,” 3038-0012, by any of the following methods:

    • The Agency's Web site, at http://comments.cftc.gov/. Follow the instructions for submitting comments through the Web site.

    Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail above.

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

    Please submit your comments using only one method.

    FOR FURTHER INFORMATION CONTACT:

    Gary J. Martinaitis, Associate Deputy Director, Division of Market Oversight, Commodity Futures Trading Commission, (202) 418-5209; email: [email protected], and refer to OMB Control No. 3038-0012.

    SUPPLEMENTARY INFORMATION:

    Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (“OMB”) for each collection of information they conduct or sponsor. “Collection of Information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below.

    Title: Futures Volume, Open Interest, Price, Deliveries and Purchases/Sales of Futures for Commodities or for Derivatives Positions (OMB Control No. 3038-0012). This is a request for extension of a currently approved information collection.

    Abstract: Commission Regulation 16.01 requires the U.S. futures exchanges to publish daily information on the items listed in the title of the collection. The information required by this rule is in the public interest and is necessary for market surveillance. This rule is promulgated pursuant to the Commission's rulemaking authority contained in section 5 of the Commodity Exchange Act, 7 U.S.C. 7 (2010).

    With respect to the collection of information, the CFTC invites comments on:

    • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use;

    • The accuracy of the Commission's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and

    • Ways to minimize the burden of 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.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.1

    1 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the Information Collection Request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    Burden Statement: The respondent burden for this collection is estimated to be as follows:

    Estimated Annual Reporting Burden 17 CFR section Annual
  • number of
  • respondents
  • Frequency of response Total annual responses Hours per
  • response
  • Total hours
    16.01 15 Daily 3,750 0.5 1,875

    Respondents/Affected Entities: Designated Contract Markets.

    Estimated number of respondents: 15.

    Estimated total annual burden on respondents: 1,875 hours.

    Frequency of collection: Daily.

    (Authority: 44 U.S.C. 3501 et seq.) Dated: March 23, 2016. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2016-07006 Filed 3-28-16; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF DEFENSE Department of the Army Army Education Advisory Subcommittee Meeting Notice AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice of open subcommittee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Command and General Staff College (CGSC) Board of Visitors, a subcommittee of the Army Education Advisory Committee. This meeting is open to the public.

    DATES:

    The CGSC Board of Visitors Subcommittee will meet from 9 a.m. to 4:30 p.m. on May 9, and from 8:30 a.m. to 12 p.m. on May 10, 2016.

    ADDRESSES:

    United States Army Command and General Staff College, Lewis and Clark Center, 100 Stimson Ave., Bell Conference Room, Ft. Leavenworth, KS 66027.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Robert Baumann, the Alternate Designated Federal Officer for the subcommittee, in writing at Command and General Staff College, 100 Stimson Ave., Ft. Leavenworth, KS 66027, by email at [email protected], or by telephone at (913) 684-2742.

    SUPPLEMENTARY INFORMATION:

    The subcommittee meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The Army Education Advisory Committee is chartered to provide independent advice and recommendations to the Secretary of the Army on the educational, doctrinal, and research policies and activities of U.S. Army educational programs. The CGSC Board of Visitors subcommittee focuses primarily on CGSC. The purpose of the meeting is to provide the subcommittee with an overview of CGSC academic programs, with focus on the College's two degree-granting schools: The Command and General Staff School (CGSS) and the School of Advanced Military Studies (SAMS), in the aftermath of recent regional academic accreditation review in March 2016, and to address other administrative matters. Current CGSC administrators, faculty, and students will be available to offer their perspectives.

    Proposed Agenda: May 9 and 10—The subcommittee will review the findings of the accreditation review by the Higher Learning Commission in March 2016, and discuss any other matters relevant to the health and effectiveness of CGSC programs; the committee will also complete as needed training or certain administrative requirements associated with the appointment and service of individual subcommittee members. Provisional findings and recommendations from these general subcommittee deliberations will be referred to the Army Education Advisory Committee for deliberation by the Committee under the open-meeting rules.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, this meeting is open to the public. Seating is on a first to arrive basis. Attendees are requested to submit their name, affiliation, and daytime phone number seven business days prior to the meeting to Dr. Baumann, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public attending the subcommittee meetings will not be permitted to present questions from the floor or speak to any issue under consideration by the subcommittee. Because the meeting of the subcommittee will be held in a Federal Government facility on a military base, security screening is required. A photo ID is required to enter base. Please note that security and gate guards have the right to inspect vehicles and persons seeing to enter and exit the installation. Lewis and Clark Center is fully handicap accessible. Wheelchair access is available in front at the main entrance of the building. For additional information about public access procedures, contact Dr. Baumann, the subcommittee's Alternate Designated Federal Officer, at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section.

    Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the subcommittee, in response to the stated agenda of the open meeting or in regard to the subcommittee's mission in general. Written comments or statements should be submitted to Dr. Baumann, the subcommittee Alternate Designated Federal Officer, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Each page of the comment or statement must include the author's name, title or affiliation, address, and daytime phone number. The Alternate Designated Federal Officer will review all submitted written comments or statements and provide them to members of the subcommittee for their consideration. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the Alternate Designated Federal Official at least seven business days prior to the meeting to be considered by the subcommittee. Written comments or statements received after this date may not be provided to the subcommittee until its next meeting.

    Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow a member of the public to speak or otherwise address the Committee during the meeting. Members of the public will be permitted to make verbal comments during the Committee meeting only at the time and in the manner described below. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least seven business days in advance to the subcommittee's Alternate Designated Federal Official, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. The Alternate Designated Federal Official will log each request, in the order received, and in consultation with the Subcommittee Chair, determine whether the subject matter of each comment is relevant to the Subcommittee's mission and/or the topics to be addressed in this public meeting. A 15-minute period near the end of the meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three minutes during the period, and will be invited to speak in the order in which their requests were received by the Alternate Designated Federal Official.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-07076 Filed 3-28-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2015-OS-0026] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    DATES:

    Consideration will be given to all comments received by April 28, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Fred Licari, 571-372-0493.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form and OMB Number: Security Assistance Network (SAN); SC-TMS TRAINING FORM; OMB Control Number 0704-XXXX.

    Type of Request: Existing Collection in Use Without an OMB Control Number.

    Number of Respondents: 43,980.

    Responses per Respondent: 1.

    Annual Responses: 43,980.

    Average Burden per Response: 15 minutes.

    Annual Burden Hours: 10,995.

    Needs and Uses: The information collection requirement is necessary to exchange Security Cooperation training information between overseas Security Cooperation Offices, Geographical Combatant Commands, Military Departments, Defense Security Cooperation Agency, DoD Schoolhouses, Regional Centers, and International Host Nation Organizations. The Security Cooperation Management System (SC-TMS) is a tool used by the Security Cooperation community to manage International Military Student training data. If the information on the student form is not collected, DoD schoolhouses will not be able to process students for attendance in resident or at mobile training locations in compliance with DepSecDef directive and federal law requiring the reporting of training of foreign nationals.

    Affected Public: Individuals or households.

    Frequency: On occasion.

    Respondent's Obligation: Required to obtain or retain benefits.

    OMB Desk Officer: Ms. Jasmeet Seehra.

    Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at [email protected] Please identify the proposed information collection by DoD Desk Officer and the Docket ID number and title of the information collection.

    You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:

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

    Instructions: All submissions received must include the agency name, Docket ID number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    DOD Clearance Officer: Mr. Frederick Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Dated: March 24, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-07031 Filed 3-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2016-OS-0030] Proposed Collection; Comment Request AGENCY:

    Office of the Under Secretary of Defense for Personnel and Readiness, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. 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 information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 31, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate 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, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Under Secretary of Defense (Personnel and Readiness) (Defense Human Resource Activity), ATTN: Bette Inch, SAPRO, 4800 Mark Center Drive, Alexandria, VA 22350-8000 or submit an email to [email protected].

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: DoD Sexual Assault Prevention and Response Office Victim-Related Inquiries; DD Form 2985 “Department of Defense Sexual Assault Prevention and Response Office Request for SAPRO's Assistance” and DD Form 2985-1 “Military Feedback Form”; OMB Control Number 0704-XXXX.

    Needs and Uses: The information collection requirement is necessary to facilitate a timely response and appropriate resolution to inquiries from DoD sexual assault victims/survivors, support personnel and others. Collection of this information promotes victim recovery.

    Affected Public: Individuals or Households.

    Annual Burden Hours: 15.

    Number of Respondents: 30.

    Responses per Respondent: 1.

    Annual Responses: 30.

    Average Burden per Response: 30 minutes.

    Frequency: On occasion.

    This information collection is used to support victims and survivors of sexual assault in their recovery and to maintain a database of inquiries that documents the nature and status of inquiries in order to provide adequate follow-up services and inform sexual assault prevention and response program and policy improvements.

    Dated: March 24, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-07029 Filed 3-28-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare a Draft Environmental Impact Statement for the Houston Ship Channel 45-Foot Expansion Channel Improvement Project (HSC ECIP), Harris and Chambers Counties, Texas AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of intent.

    SUMMARY:

    The U.S. Army Corps of Engineers (USACE) intends to prepare an environmental impact statement (EIS) for the Houston Ship Channel 45-Foot Expansion Channel Improvement Project (HSC ECIP), Harris and Chambers Counties, Texas.

    This study will identify and evaluate a combination of modifications to the HSC to improve the efficiency and safety of the HSC system. A 905(b) report recommending a cost shared feasibility-level study was approved on September 22, 2015.

    DATES:

    See SUPPLEMENTARY INFORMATION section for scoping meeting dates.

    FOR FURTHER INFORMATION CONTACT:

    Questions concerning the draft EIS should be addressed to Ms. Tammy Gilmore, CEMVN-PDN-CEP, P.O. Box 60267, New Orleans, LA 70160-0267; telephone: (504) 862-1002; fax: (504) 862-1583; or by email: [email protected]

    SUPPLEMENTARY INFORMATION:

    1. Authority. Public Law 91-611; Title II—Flood Control Act of 1970, Section 216 dated December 31, 1970. The study is being performed in response to the standing authority of Section 216 of the Flood Control Act of 1970, as amended.

    2. Proposed Action. In general, the entire HSC will be evaluated for up to date current and projected vessel size and traffic. The study focus will include deepening and widening opportunities of the upper reach of the HSC referred to as Boggy Bayou to the Main Turning Basin; improvements to side channels, Bayport Ship Channel and Barbour's Cut Channel; and Galveston Bay Reach safety and efficiency enhancements. Details of the study include the following 5 separable elements:

    HSC—Boggy Bayou to I-610 Bridge: This analysis would evaluate deepening and widening the 8-mile portion of the HSC from Boggy Bayou to the Interstate 610 Bridge (mile 40 to mile 48) to a depth beyond the existing 40 feet (Boggy Bayou to Sims Bayou) and a width greater than the existing 300 feet (in 50-foot increments) and possibly improvements to turning basin and mooring areas.

    HSC—I-610 Bridge to Main Turning Basin: This analysis would evaluate the deepening and widening of the 4-mile portion of the HSC from the Interstate I-610 Bridge to the Main Turning Basin (mile 48 to mile 52) to a depth beyond the existing 36 feet (in 2-foot increments), a new turning basin near Brays Bayou, and revisit dimensions of existing turning basins and mooring areas.

    Bayport Ship Channel: The 4.1 mile long Bayport Ship Channel is currently authorized to a depth of 40 feet. The Port of Houston Authority (PHA) has the authority under 33 U.S.C. Section 408 to deepen the channel to 45 feet and widen the bay portions of the channel 100 feet and widen the constricted portion of the channel within the land cut 50 feet. This analysis would evaluate whether to include the PHA's channel deepening for Federal authorization. The analysis would also evaluate widening to a width greater than 350 feet (25-foot increments). Other opportunities in this area are to evaluate the need for open water turning basin, and adding jetty/structures for minimizing shoaling and flare improvements.

    Barbours Cut Channel: The 1.1 mile long Barbour's Cut Channel is currently authorized to a depth of 40 feet. The PHA has the authority, under 33 U.S.C. Section 408, to deepen the channel to 45 feet. This analysis would evaluate whether to include the PHA's channel deepening for Federal authorization. The analysis would also evaluate widening to a width greater than 300 feet (25-foot increments). Other opportunities in this area are to evaluate the need for open water turning basin and flare improvements.

    Bay-reach safety and efficiency enhancements: This analysis would evaluate whether to construct an anchorage basin in or near Galveston Bay, the need of selectively widening the existing 530 feet wide HSC to develop passing lanes or improved vessel meeting opportunities; evaluate improvements to channel turns and bends; and evaluate the depth of the existing barge lanes.

    3. Public Involvement. Public involvement, an essential part of the NEPA process, is integral to assessing the environmental consequences of the proposed action and improving the quality of the environmental decision making. The public includes affected and interested Federal, state, and local agencies, Indian tribes, concerned citizens, stakeholders, and other interested parties. Public participation in the EIS process will be strongly encouraged, both formally and informally, to enhance the probability of a more technically accurate, economically feasible, and socially acceptable EIS. Public involvement will include, but is not limited to: Information dissemination; identification of problems, needs and opportunities; idea generation; public education; problem solving; providing feedback on proposals; evaluation of alternatives; conflict resolution; public and scoping notices and meetings; public, stakeholder and advisory groups consultation and meetings; and making the EIS and supporting information readily available in conveniently located places, such as libraries and on the world wide web.

    4. Scoping. Scoping, an early and open process for identifying the scope of significant issues related to the proposed action to be addressed in the EIS, will be used to: (a) Identify the affected public and agency concerns; (b) facilitate an efficient EIS preparation process; (c) define the issues and alternatives that will be examined in detail in the EIS; and (d) save time in the overall process by helping to ensure that the draft EIS adequately addresses relevant issues. A Scoping Meeting Notice announcing the locations, dates and times for scoping meetings is anticipated to be posted on the PHA and U.S. Army Corps of Engineers Web sites and published in the local newspaper in April 2016.

    5. Coordination. The USACE and the U.S. Fish and Wildlife Service (USFWS) have formally committed to work together to conserve, protect, and restore fish and wildlife resources while ensuring environmental sustainability of our Nation's water resources under the January 22, 2003, Partnership Agreement for Water Resources and Fish and Wildlife. The USFWS will provide a Fish and Wildlife Coordination Act Report. Coordination will be maintained with the USFWS, the National Marine Fisheries Service (NMFS) and the Texas Park and Wildlife Department (TPWD) regarding threatened and endangered species under their respective jurisdictional responsibilities. Coordination will be maintained with the NMFS regarding essential fish habitat. Coordination will be maintained with the U.S. Environmental Protection Agency concerning compliance with Executive Order 12898, “Federal Action to Address Environmental Justice in Minority Populations and Low-Income Populations.” Coordination will be maintained with the Advisory Counsel on Historic Preservation and the State Historic Preservation Office. Coordination will be maintained with the U.S. Coast Guard (USCG) to assure no interruption with navigation. Coordination will be maintained with the Texas Department of Transportation (TXDOT) to assure limited interruption to highway traffic. The Texas Commission on Environmental Quality (TCEQ) will be coordinated with to obtain Water Quality Certification. The Texas General Land Office (GLO) will be coordinated with on coastal management.

    5. Availability of Draft EIS. The earliest that the draft EIS will be available for public review would be in 2017. The draft EIS or a notice of availability will be distributed to affected Federal, state, and local agencies, Indian tribes, and other interested parties.

    Dated: March 21, 2016. Richard P. Pannell, Colonel, U.S. Army, Commanding.
    [FR Doc. 2016-07061 Filed 3-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Meeting of the Chief of Engineers Environmental Advisory Board AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of open Federal advisory committee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Chief of Engineers, Environmental Advisory Board (EAB). This meeting is open to the public. For additional information about the EAB, please visit the committee's Web site at http://www.usace.army.mil/Missions/Environmental/EnvironmentalAdvisoryBoard.aspx.

    DATES:

    The meeting will be held from 9 a.m. to 12 p.m. on April 27, 2016. Public registration will begin at 8:30 a.m.

    ADDRESSES:

    The EAB meeting will be conducted at The Residence Inn Washington, DC Downtown, located at 1199 Vermont Avenue NW., Washington, DC 20005, (202) 898-1100.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Mindy M. Simmons, the Designated Federal Officer (DFO) for the committee, in writing at U.S. Army Corps of Engineers, ATTN: CECW-P, 441 G St. NW.; Washington, DC 20314; by telephone at 202-761-4127; and by email at [email protected] Alternatively, contact Ms. Anne Cann, the Alternate Designated Federal Officer (ADFO), in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR-GW, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315-3868; by telephone at 703-428-7166; and by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The committee meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150.

    Purpose of the Meeting: The EAB will advise the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems, and opportunities in an environmentally responsible manner. The EAB is interested in written and verbal comments from the public relevant to these purposes.

    Proposed Agenda: At this meeting the agenda will include discussions and presentations on ongoing work plan efforts including: ecosystem restoration project prioritization criteria, ecosystem goods and services, and aging infrastructure and aquatic ecosystem integrity. The EAB will also discuss modifications to their work plan. The EAB will also hear presentations from the U.S. Army Corps of Engineers on its sustainability and resilience programs.

    Availability of Materials for the Meeting. A copy of the agenda or any updates to the agenda for the April 27, 2016 meeting will be available at the meeting. The final version will be provided at the meeting. All materials will be posted to the Web site after the meeting.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, this meeting is open to the public. Registration of members of the public who wish to attend the meeting will begin at 8:30 a.m. on the day of the meeting. Seating is limited and is on a first-to-arrive basis. Attendees will be asked to provide their name, title, affiliation, and contact information to include email address and daytime telephone number at registration. Any interested person may attend the meeting, file written comments or statements with the committee, or make verbal comments from the floor during the public meeting, at the times, and in the manner, permitted by the committee, as set forth below.

    Special Accommodations: The meeting venue is fully handicap accessible, with wheelchair access. Individuals requiring special accommodations to access the public meeting or seeking additional information about public access procedures, should contact Ms. Simmons, the committee DFO, or Ms. Cann, the ADFO, at the email addresses or telephone numbers listed in the FOR FURTHER INFORMATION CONTACT section, at least five (5) business days prior to the meeting so that appropriate arrangements can be made.

    Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the EAB about its mission and/or the topics to be addressed in this public meeting. Written comments or statements should be submitted to Ms. Simmons, the committee DFO, or Ms. Cann, the committee ADFO, via electronic mail, the preferred mode of submission, at the addresses listed in the FOR FURTHER INFORMATION CONTACT section in the following formats: Adobe Acrobat or Microsoft Word. The comment or statement must include the author's name, title, affiliation, address, and daytime telephone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the committee DFO or ADFO at least five (5) business days prior to the meeting so that they may be made available to the EAB for its consideration prior to the meeting. Written comments or statements received after this date may not be provided to the EAB until its next meeting. Please note that because the EAB operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection.

    Verbal Comments: Members of the public will be permitted to make verbal comments during the meeting only at the time and in the manner allowed herein. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least three (3) business days in advance to the committee DFO or ADFO, via electronic mail, the preferred mode of submission, at the addresses listed in the FOR FURTHER INFORMATION CONTACT section. The committee DFO and ADFO will log each request to make a comment, in the order received, and determine whether the subject matter of each comment is relevant to the EAB's mission and/or the topics to be addressed in this public meeting. A 15-minute period near the end of meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described above, will be allotted no more than three (3) minutes during this period, and will be invited to speak in the order in which their requests were received by the DFO and ADFO.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-07062 Filed 3-28-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0037] Agency Information Collection Activities; Comment Request; Health Education Assistance Loan (HEAL) Program Regs. 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 31, 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-0037. 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: Health Education Assistance Loan (HEAL) Program Regs.

    OMB Control Number: 1845-0125.

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

    Respondents/Affected Public: State, Local, and Tribal Governments; Individuals or Households.

    Total Estimated Number of Annual Responses: 144,930.

    Total Estimated Number of Annual Burden Hours: 26,409.

    Abstract: The Health Education Assistance Loan (HEAL) Program regulatory requirements for reporting, record-keeping and notification are approved under OMB 1845-0125 after the transfer from the U.S. Department of Health and Human Services to the U.S. Department of Education in 2014. The HEAL program provided federally insured loans to students for certain health programs. No new loans have been made since 1998. However, loans are still outstanding and being collected, therefore the regulatory requirements for reporting, record-keeping and notification continue to be needed to administer the program. These regulations work to ensure that participants in the program follow sound management procedures in the administration of the federal loan program.

    Dated: March 24, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-07036 Filed 3-28-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0036] Agency Information Collection Activities; Comment Request; 2017-2018 Free Application for Federal Student Aid (FAFSA) 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 a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before May 31, 2016.

    ADDRESSES:

    To access and review all of 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-0036. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting 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-105, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact the Applicant Products Team at [email protected]

    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 ED assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand ED'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. ED is especially interested in public comments addressing the following issues: (1) Is this collection necessary to the proper functions of ED; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might ED enhance the quality, utility, and clarity of the information to be collected; and (5) how might ED 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: 2017-2018 Free Application for Federal Student Aid (FAFSA).

    OMB Control Number: 1845-0001.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Individuals.

    Total Estimated Number of Annual Responses: 38,669,924.

    Total Estimated Number of Annual Burden Hours: 20,036,012.

    Abstract: Section 483 of the Higher Education Act of 1965, as amended (HEA), mandates that the Secretary of Education “ . . . shall produce, distribute, and process free of charge common financial reporting forms as described in this subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance . . .”.

    The determination of need and eligibility are for the following title IV, HEA, federal student financial assistance programs: The Federal Pell Grant Program; the Campus-Based programs (Federal Supplemental Educational Opportunity Grant (FSEOG), Federal Work-Study (FWS), and the Federal Perkins Loan Program); the William D. Ford Federal Direct Loan Program; the Teacher Education Assistance for College and Higher Education (TEACH) Grant; and the Iraq and Afghanistan Service Grant.

    Federal Student Aid, an office of the U.S. Department of Education (hereafter “the Department”), subsequently developed an application process to collect and process the data necessary to determine a student's eligibility to receive title IV, HEA program assistance. The application process involves an applicant's submission of the Free Application for Federal Student Aid (FAFSA®). After submission of the FAFSA, an applicant receives a Student Aid Report (SAR), which is a summary of the data they submitted on the FAFSA. The applicant reviews the SAR, and, if necessary, will make corrections or updates to their submitted FAFSA data. Institutions of higher education listed by the applicant on the FAFSA also receive a summary of processed data submitted on the FAFSA which is called the Institutional Student Information Record (ISIR).

    The Department seeks OMB approval of all application components as a single “collection of information”. The aggregate burden will be accounted for under OMB Control Number 1845-0001. The specific application components, descriptions and submission methods for each are listed in Table 1.

    Table 1—Federal Student Aid Application Components Component Description Submission method Initial Submission of FAFSA FAFSA on the Web (FOTW) Online FAFSA that offers applicants a customized experience Submitted by the applicant via fafsa.gov. FOTW—Renewal Online FAFSA for applicants who have previously completed the FAFSA FOTW—EZ Online FAFSA for applicants who qualify for the Simplified Needs Test (SNT) or Automatic Zero (Auto Zero) needs analysis formulas FOTW—EZ Renewal Online FAFSA for applicants who have previously completed the FAFSA and who qualify for the SNT or Auto Zero needs analysis formulas FAFSA on the Phone (FOTP) The Federal Student Aid Information Center (FSAIC) representatives assist applicants by filing the FAFSA on their behalf through FOTW Submitted through fafsa.gov for applicants who call 1-800-4-FED-AID. FOTP—EZ FSAIC representatives assist applicants who qualify for the SNT or Auto Zero needs analysis formulas by filing the FAFSA on their behalf through FOTW FAA Access Online tool that a financial aid administrator (FAA) utilizes to submit a FAFSA Submitted through faaacess.ed.gov by an FAA on behalf of an applicant. FAA Access—Renewal Online tool that an FAA can utilize to submit a Renewal FAFSA FAA Access—EZ Online tool that an FAA can utilize to submit a FAFSA for applicants who qualify for the SNT or Auto Zero needs analysis formulas FAA Access—EZ Renewal Online tool that an FAA can utilize to submit a FAFSA for applicants who have previously completed the FAFSA and who qualify for the SNT or Auto Zero needs analysis formulas Electronic Other This is a submission done by an FAA, on behalf of the applicant, using the Electronic Data Exchange (EDE) The FAA may be using their mainframe computer or software to facilitate the EDE process. Printed FAFSA The printed version of the PDF FAFSA for applicants who are unable to access the Internet or complete the form using FOTW Mailed by the applicant. Correcting Submitted FAFSA Information and Reviewing FAFSA Information FOTW—Corrections Any applicant who has a Federal Student Aid ID (FSA ID)—regardless of how they originally applied—may make corrections using FOTW Corrections Submitted by the applicant via fafsa.gov. Electronic Other—Corrections With the applicant's permission, corrections can be made by an FAA using the EDE The FAA may be using their mainframe computer or software to facilitate the EDE process. Paper SAR—This is a SAR and an option for corrections The full paper summary that is mailed to paper applicants who did not provide an e-mail address and to applicants whose records were rejected due to critical errors during processing. Applicants can write corrections directly on the paper SAR and mail for processing Mailed by the applicant. FAA Access—Corrections An institution can use FAA Access to correct the FAFSA Submitted through faaacess.ed.gov by an FAA on behalf of an applicant. Internal Department Corrections The Department will submit an applicant's record for system-generated corrections There is no burden to the applicants under this correction type as these are system-based corrections. FSAIC Corrections Any applicant, with their Data Release Number (DRN), can change the postsecondary institutions listed on their FAFSA or change their address by calling FSAIC These changes are made directly in the CPS system by a FSAIC representative. SAR Electronic (eSAR) The eSAR is an online version of the SAR that is available on FOTW to all applicants with an FSA ID. Notifications for the eSAR are sent to students who applied electronically or by paper and provided an e-mail address. These notifications are sent by e-mail and include a secure hyperlink that takes the user to the FOTW site Cannot be submitted for processing.

    This information collection also documents an estimate of the annual public burden as it relates to the application process for federal student aid. The Applicant Burden Model (ABM) measures applicant burden through an assessment of the activities each applicant conducts in conjunction with other applicant characteristics and in terms of burden, the average applicant's experience. Key determinants of the ABM include:

    ☐ The total number of applicants that will potentially apply for federal student aid;

    ☐ How the applicant chooses to complete and submit the FAFSA (e.g., by paper or electronically via FOTW®);

    ☐ How the applicant chooses to submit any corrections and/or updates (e.g., the paper SAR or electronically via FOTW Corrections);

    ☐ The type of SAR document the applicant receives (eSAR, SAR acknowledgment, or paper SAR);

    ☐ The formula applied to determine the applicant's expected family contribution (EFC) (full need analysis formula, Simplified Needs Test or Automatic Zero); and

    ☐ The average amount of time involved in preparing to complete the application.

    The ABM is largely driven by the number of potential applicants for the application cycle. The total application projection for 2017-2018 is based upon two factors—estimating the growth rate of the total enrollment into post-secondary education and applying the growth rate to the FAFSA submissions. The ABM is also based on the application options available to students and parents. The Department accounts for each application component based on web trending tools, survey information, and other Department data sources.

    For this 2017-2018 Free Application for Federal Student Aid (FAFSA) collection, the Department is reporting a net burden decrease of −524,469 hours.

    The reporting hour burden calculations in this notice reflect the Department's best estimates using data from the 2015-16 FAFSA application cycle in which Federal Student Aid traditionally has estimated reporting burden. However, in order to reflect a change in which prior tax year's information will be utilized in the application, a conservative estimate has been reflected as part of the reporting hour burden calculation. As such, we will continuously monitor and capture statistical information in order to reflect more accurate calculations in future cycles.

    Dated: March 24, 2016. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-07013 Filed 3-28-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Hispanic Serving Institutions Science, Technology, Engineering & Mathematics (HSI STEM) and Articulation Program; Correction

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.031C

    AGENCY:

    Office of Postsecondary Education, Department of Education.

    ACTION:

    Notice; correction.

    SUMMARY:

    This notice corrects “Section II. Award Information” and “Section IV. Application and Submission Information” in the notice inviting applications for new awards for fiscal year (FY) 2016 for the HSI STEM and Articulation Program, published on March 4, 2016. This notice also extends the deadline dates for application submission and intergovernmental review.

    DATES:

    Effective March 29, 2016.

    Deadline for Transmittal of Applications: May 31, 2016.

    Deadline for Intergovernmental Review: July 27, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Jeffrey Hartman or Everardo Gil, Office of Postsecondary Education, U.S. Department of Education, 400 Maryland Avenue SW., Room 7E311, Washington, DC 20202. Telephone: (202) 502-7607 or (202) 219-7000 or by email: [email protected] or [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: Correction 1

    In the Federal Register of March 4, 2016 (81 FR 11532), on page 11534, in the first column, section II, Award Information, after “Estimated Range of Awards,” and before “Estimated Average Size of Awards” we add the “Maximum Award,” to read:

    “Maximum Award: $1,200,000.

    We will reject any application that proposes a budget exceeding the maximum amount listed above for a single budget period of 12 months.”

    Correction 2

    In the Federal Register of March 4, 2016 (81 FR 11532), in section IV, Application and Submission Information, in the first column on page 11535, after the last sentence of section 2, Content and Form of Application Submission, add a new sentence regarding page limits to read:

    “We will reject your application if you exceed the page limit.”

    Correction 3

    In the Federal Register of March 4, 2016 (81 FR 11532), on pages 11532 and 11535, the application deadline date and the deadline for intergovernmental review are provided. This notice extends those dates. The new dates are:

    Deadline for Transmittal of Applications: May 31, 2016.

    Deadline for Intergovernmental Review: July 27, 2016.

    All other information in the March 4, 2016, notice remains unchanged.

    Program Authority: 20 U.S.C. 1067q(b)(2)(B).

    Accessible Format: Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the program 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.

    Dated: March 24, 2016. Lynn B. Mahaffie, Deputy Assistant Secretary for Policy, Planning and Innovation Delegated the Duties of the Assistant Secretary for Postsecondary Education.
    [FR Doc. 2016-07071 Filed 3-28-16; 8:45 am] BILLING CODE 4000-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0035; FRL-9944-06] Pesticide Experimental Use Permit; Receipt of Application; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's receipt of an application from Southern Gardens Citrus requesting an experimental use permit (EUP) for the Citrus tristeza virus (88232-EUP-E). The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

    DATES:

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

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0035, by one of the following methods:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

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

    This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide(s) discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    Under section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to field test pesticides under development. Manufacturers are required to obtain an EUP before testing new pesticides or new uses of pesticides if they conduct experimental field tests on 10 acres or more of land or one acre or more of water.

    Pursuant to 40 CFR 172.11(a), the Agency has determined that the following EUP application may be of regional and national significance, and therefore is seeking public comment on the EUP application:

    Submitter: Southern Gardens Citrus, 1820 County Rd. 833, Clewiston, FL 33440, (88232-EUP-E).

    Pesticide Chemical: Citrus tristeza virus that has been modified to contain combinations of the defensin genes (SoD2, SoD7, and SoD8) derived from spinach.

    Summary of Request: Southern Gardens Citrus is requesting an experimental use permit (EUP) for Citrus tristeza virus that has been modified to contain combinations of the defensin genes (SoD2, SoD7, and SoD8) derived from spinach (Spinacia oleracea L.). Modified Citrus tristeza virus will be applied to citrus trees in order to confer resistance to citrus greening disease. The proposed program is for 400 acres in Florida to generate agronomic, efficacy, and regulatory data and information.

    Contact: BPPD.

    Following the review of the application and any comments and data received in response to this solicitation, EPA will decide whether to issue or deny the EUP request, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: March 22, 2016. Mark A. Hartman, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-07074 Filed 3-28-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meetings AGENCY:

    Federal Election Commission.

    DATE AND TIME:

    Thursday, March 31, 2016 at 10:00 a.m.

    PLACE:

    999 E Street NW., Washington, DC (Ninth Floor).

    STATUS:

    This meeting will be open to the public.

    ITEMS TO BE DISCUSSED:

    Correction and Approval of Minutes for February 11, 2016 Correction and Approval of Minutes for February 25, 2016 Draft Advisory Opinion 2016-01: Ethiq, Inc. Draft Final Rule and Explanation and Justification for Technical Amendments to 2015 CFR Proposed Modifications to Program for Requesting Consideration of Legal Questions by the Commission Proposed Statement of Policy Regarding the Public Disclosure of Closed Enforcement Documents Motion to Open a Rulemaking to Assist Those Accepting Corporate Contributions or Making Corporate Expenditures in Complying with Existing Campaign Finance Law Management and Administrative Matters

    Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Shawn Woodhead Werth, Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to the meeting date.

    PERSON TO CONTACT FOR INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Shawn Woodhead Werth, Secretary and Clerk of the Commission.
    [FR Doc. 2016-07120 Filed 3-25-16; 11:15 am] BILLING CODE 6715-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION [BAC 6735-01] Sunshine Act Notice March 25, 2016. TIME AND DATE:

    10:00 a.m., Tuesday, April 5, 2016.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. The American Coal Company, Docket Nos. LAKE 2008-666, et al. (Issues include whether the Judge erred in vacating the unwarrantable failure designations for three violations.)

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-07171 Filed 3-25-16; 4:15 pm] BILLING CODE 6735-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION [BAC 6735-01] Sunshine Act Notice March 25, 2016. TIME AND DATE:

    11:00 a.m., Tuesday, April 5, 2016.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. Kentucky Fuel Corporation, Docket Nos. KENT 2011-1557, et al. (Issues include whether the Judge erred in ruling that the Secretary's issuance of two separate citations with regard to the condition of a dozer was not impermissibly duplicative.)

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d).

    CONTACT PERSON FOR MORE INFO:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2016-07172 Filed 3-25-16; 4:15 pm] BILLING CODE 6735-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 13, 2016.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. James and Dorothy Watson, Pewaukee, Wisconsin, as trustee of the James M. Watson & Dorothy Jean Watson Revocable Trust; the James M. Watson & Dorothy Jean Watson Revocable Trust; together with Al Lustig and Janice Watson, Thiensville, Wisconsin, as trustee of the Al Lustig & Janice Watson Trust; the Al Lustig & Janice Watson Trust; Richard and Christine Watson, Richmond, Virginia, as trustee of the Richard J. Watson and Christine E. Watson Revocable Living Trust; the Richard J. Watson and Christine E. Watson Revocable Living Trust; Andrew Lustic, Theinsville, Wisconsin; Daniel J. Watson, Mesa, Arizona; Sarah E. Watson, LaCrosse, Wisconsin; and Catharine De Renzis, Richmond, Virginia, as a group acting in concert; to retain voting shares of Citizens Bank Holding, Inc., Mukwonago, Wisconsin, and thereby indirectly retain voting shares of Citizens Bank, Mukwonago, Wisconsin.

    Board of Governors of the Federal Reserve System, March 24, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-07057 Filed 3-28-16; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2016.

    A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Texas Security Bancshares, Inc., Dallas, Texas; to engage de novo in extending credit and servicing loans, pursuant to section 225.28(b)(1).

    Board of Governors of the Federal Reserve System, March 24, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-07056 Filed 3-28-16; 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 22, 2016.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Hometown Community Bancorp, Inc. and Hometown Community Bancorp, Inc., Employee Stock Ownership Plan and Trust, both in Morton, Illinois; to acquire 100 percent of the voting shares of Trivoli Bancorp, Inc., and thereby indirectly acquire voting shares of Heritage Bank of Central Illinois, both in Trivoli, Illinois.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. County Bancshares, Inc., Orange, Texas; to become a bank holding company by acquiring 100 percent of the voting shares of First Live Oak Bancshares, Inc., and First State Bank, both in Three Rivers, Texas.

    Board of Governors of the Federal Reserve System, March 24, 2016. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2016-07058 Filed 3-28-16; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-ID-2016-01; Docket No. 2016-0002; Sequence No. 6] Government-Wide Earth Day Hackathon, April 22, 2016 AGENCY:

    Innovative Technologies and 18F (OCSIT/18F), Office of Citizen Services, General Services Administration (GSA).

    ACTION:

    Notice.

    SUMMARY:

    The purpose of this notice is to announce a software programming and data innovation competition hosted by GSA's, Office of Citizen Services, Innovative Technologies and 18F (OCSIT/18F). GSA's OCSIT/18F Organization will be partnering with the White House Council on Environmental Quality (CEQ), the United States Environmental Protection Agency (EPA), the General Services Administration (GSA), the National Institute of Standards and Technology (NIST), the National Oceanic and Atmospheric Administration (NOAA), the United States Department of Agriculture (USDA), and the United States Forest Service (USFS) to present a Government-wide Earth Day Hackathon, on Friday, April 22, 2016. OCSIT/18F is inviting coders, developers, designers, engineers, data scientists, and Subject Matter Experts (SMEs) from industry, academia, and the federal government to participate. GSA, along with the agencies listed above, will present green and sustainable projects for participants to work on. The competition details can be viewed at http://open.gsa.gov/EarthDayHackathon/.

    Participants will be competing on teams to develop smart technology solutions in the form of an application, application programming interface (API), web/mobile application, data mashup, etc., that have the capability to provide the federal government with key insights pertaining to data.

    DATES:

    Online registration for this event will open on March 29, 2016, and will close Tuesday, April 19, 2016, at 11:59 p.m. Eastern Standard Time (EST). The competition will be open on Friday, April 22, 2016, from 9:00 a.m. until 4:30 p.m. Eastern Standard Time (EST); on-site registration at GSA will begin at 8:00 a.m. (EST).

    ADDRESSES:

    Registration: Registration for this event will be accomplished online at the following link: http://open.gsa.gov/EarthDayHackathon/.

    The event space is limited to the first 200 people; once registration is complete, participants will receive a confirmation email.

    Event Location: GSA Headquarters, 1800 F Street NW., Washington, DC 20405. A government-issued ID shall be required to gain access into the building. All participants must enter through the main entrance located on 1800 F Street NW.

    FOR INFORMATION CONTACT:

    Ms. Cindy A. Smith at [email protected] or 816-823-5291.

    SUPPLEMENTARY INFORMATION:

    Purpose: In this competition, participants are asked to develop a technology-driven solution using publicly available data that allows an agency to identify opportunities for improvements and transparency. As such, the Federal Government challenges the participants to create a solution using the data provided. Electronic links to publicly available datasets will be provided through the competition details Web page.

    Details of Challenge: Participants will be asked to design and create a digital interactive solution that utilizes federal data collected. The solutions should not simply be analysis tools that tell what is already known; rather, they should be forward-thinking solutions that enhance transparency.

    The solution should be a data-driven solution to provide meaningful insights that can help drive smarter decisions by federal employees. The ultimate goal is to help federal agencies use data to identify opportunities for improvements, share data with other federal agencies, and become more transparent to the American public.

    The solution should—

    1. Visually display or transmit data in a way that will enhance the way federal government works; and

    2. Identify relationships through the analysis of the data, if they exist, while providing valuable insights that could be gained through improved data collection efforts.

    Predetermined teams (consisting of 5 individuals) are welcome to include a stand-alone or mix of private industry, academia, and eligible individuals. Cash prizes will be awarded to the best projects.

    Data: Participants will be provided all final project ideas, existing code, and publicly available datasets in advance of the event. Event information will be posted on the event page at, http://open.gsa.gov/EarthDayHackathon/, and will be updated as necessary.

    Projects: Hackathon Projects may include the following:

    • CEQ Challenges:

    1. Create a visual dashboard on sustainable purchasing, by agency, using data captured in the government-wide procurement system.

    2. Create a Web site and/or app that allows federal agencies and/or the public user, if appropriate, to assess whether or not their property is located in an area of wildfire risk.

    • EPA's Challenges:

    1. Develop a method to identify fraudulent reporting to the EPA using Benford's law of statistical probability.

    2. Develop a mobile app that improves environmental awareness through the use of geo-fences.

    3. Develop code that can be deployed on Android and iOS mobile apps that displays UV Index Forecast information specific to a defined beach.

    4. Develop improved data visualizations or a consolidated dashboard associated with the climate change indicator data.

    • GSA's Challenges:

    1. Create a browser extension or add-on (for IE or Chrome) that allows users to determine whether the product they are viewing meets federal and agency sustainability requirements.

    2. Develop a streamlined management tool to help teams collaborate and incorporate sustainability into any building project.

    3. Build an app that allows a user to take a photo of products, building materials, and systems and receive green tips and sustainable purchasing information.

    4. Create a phone application (Android or iOS) that allows a user to scan a barcode, or lookup a product, and then notifies the user if the product meets the latest sustainability requirements.

    • NIST Challenge: Create an environmentally-friendly product selection Web Interface API.

    • NOAA Challenges:

    1. Create an API, browser extension or addon (for IE or Chrome) that allows users to compute their custom normals from NOAA's records of surface temperature and precipitation.

    2. Create an API or tool that allows users to easily find Next-Generation Radar (NEXRAD) data on Amazon AWS 33.

    3. Create an app, browser extension or add-on (for IE or Chrome) that allows users to visualize and/or compute on NOAA's current Multi-Radar Multi-Sensor (MRMS).

    • USDA Challenge: Develop methods to present and compare performance on energy and water use in Forest Service facilities.

    • USFS Challenge: Develop a prototype of a tool available on the web or as a phone app, that allows users to quickly and easily access shade scores for any neighborhood in the United States.

    Eligibility for Challenge: Eligibility to participate in the Government-wide Earth Day Hackathon and win a prize is limited to entities/individuals—

    1. That have registered to participate in the competition and complied with the rules of the competition as explained in this posting; and

    2. That have been incorporated in and maintain a primary place of business in the United States. In the case of an individual, whether participating singly or in a group, the participant must be a citizen or permanent resident of the United States.

    Participants may not be a federal entity or federal employee acting within the scope of employment. However, an individual or entity shall not be deemed ineligible to win prize money because the individual or entity used federal facilities or consulted with federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

    Participants agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in this competition, whether the injury, death, damage, or loss arose through negligence or otherwise. Entrants are not required to obtain liability insurance or demonstrate financial responsibility in order to participate in this Hackathon.

    As the Federal Government is under a strict duty not to give preferential treatment to any private organization or individual, participants must agree to take diligent care to avoid the appearance of Federal Government endorsement of competition participation and submission. Participants must agree not to refer to the Federal Government's use of their submission (be it product or service) in any commercial advertising or similar promotions in a manner that could reasonably imply (in the judgment of a reasonable person) that the GSA or the Federal Government endorses, prefers, sponsors, or has an affiliation with participants' products or services. Participants agree that GSA's trademarks, logos, service marks, trade names, or the fact that GSA awarded a prize to a participant, shall not be used by the participant to imply direct GSA endorsement of participant or participant's submission. Both participants and GSA may list the other party's name in a publicly available customer or other list so long as the name is not displayed in a more prominent fashion than any other third-party name.

    Prizes: GSA may award prizes of no more than $1,000 to each member of a winning team (3 teams total). GSA is not required to award all prizes if the judges determine that a smaller number of entries meet the scope and requirements laid out for this competition, or if the agency only plans to use code from a smaller number of entries.

    Funding for the Government-wide Earth Day Hackathon award will come from GSA. Prizes will be awarded to each member of a winning team via Electronic Funds Transfer (EFT), within 60 days of announcing the winner(s).

    Requirements: The final solution should be open source code and placed on a GSA site to be specified to participants the day of the event. “Open source” refers to a program in which the source code is available to the general public for use and/or modification from its original design free of charge. In order to be Open Source Initiative Certified, the solution must meet the following ten criteria:

    1. The author or holder of the license of the source code cannot collect royalties on the distribution of the program.

    2. The distributed program must make the source code accessible to the user.

    3. The author must allow modifications and derivations of the work under the program's original name.

    4. No person, group, or field of endeavor can be denied access to the program.

    5. The rights attached to the program must not depend on the program being part of a particular software distribution.

    6. The licensed software cannot place restrictions on other software that is distributed with it.

    7. The solution must be an online, interactive solution that meets the goals and objectives provided in this document.

    8. The solution must include documentation of all data sources used.

    9. The solution must include a description of how the solution can be updated with additional data from other agencies.

    10. The solver must provide recommendations to enhance government insights through improvements in data collection.

    The winner(s) of the competition will, in consideration of the prize(s) to be awarded, grant to GSA a perpetual, non-exclusive, royalty-free license to use any and all intellectual property to the winning entry for any governmental purpose, including the right to permit such use by any other agency or agencies of the Federal Government. All other rights of the winning entrant will be retained by the winner of the competition.

    Scope: Any federal data and information that is publicly available is included in the scope of this challenge. Final project ideas, existing code, and public datasets will be provided in advance of the event.

    Judges: There will be a panel of judges, each with expertise in government-wide policy, information technology, and/or acquisition. Judges will award a score to each submission. The winner(s) of the competition will be decided based on the highest average overall score. Judges will only participate in judging submissions for which they do not have any conflicts of interest.

    Judging Criteria: Each solution will be assessed based on technical competence and capabilities, use of data to provide effective outcomes, creativity/innovation, and valuable information and insights.

    Submissions will be judged based on the following metrics—

    Technical Competence and Capabilities/Weight 50%

    The solution addresses the primary goals of the Hackathon. It is a finished product that can provide insightful analysis and show the Federal Governmentgovernment how to enhance/improve existing functions, share data across federal agencies and more efficiently utilize existing applications.

    Use of Data To Provide Effective Outcomes/Weight 20%

    The solution displays in a way that is easy to understand, visually appealing, and will help drive understanding of current trends as well as recommendations.

    Creativity/Innovation/Weight 10%

    The solution exceeds any internal capability that GSA has for analysis of data through its incorporation of creative design elements and innovative capabilities.

    Valuable Information & Insights Regarding Data/Weight 20%

    The solver provides recommendations for additional data elements to be collected by the Federal Government. The solver identifies gaps in the data and utilizes external data sources and research to aid the government in setting future data collection policies.

    Challenge Objectives:

    • Utilize data to create an application, API, and/or data mashup.

    • Provide a better understanding of use and needs of current and future data assets.

    • Post all open source solutions on the GSA open source code site for future use by the Federal Government developer community and GSA.

    All participants are required to check in with Security upon arriving at the GSA Central Office Building. Follow the posted signs to the Conference Center, Rooms 1459, 1460, and 1461.

    All participants must sign the document titled: Gratuitous Service Agreement.

    Dated: March 23, 2016. Kris Rowley, Director, Enterprise Information & Data Mgmt. Ofc.
    [FR Doc. 2016-07032 Filed 3-28-16; 8:45 am] BILLING CODE 6820-34-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10615] Emergency Clearance: Public Information Collection Requirements Submitted to the Office of Management and Budget (OMB) AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on an information collection concerning CMS' Healthy Indiana Program (HIP) 2.0 Beneficiaries Survey. We are also announcing that the proposed information collection had been submitted to OMB and was approved under control number 0938-1300 through September 30, 2016. In accordance with the implementing regulations of the Paperwork Reduction Act of 1995 (PRA) at 5 CFR 1320.13, our information collection request (ICR) was submitted to OMB for emergency processing. We requested emergency review under 5 CFR 1320.13(a)(2)(i) because public harm is reasonably likely to result if the normal clearance procedures were followed.

    Following the regular PRA clearance process would jeopardize the timely completion of CMS' evaluation of the State's upcoming non-emergency medical transportation (NEMT) waiver and other important waivers. Most importantly, it would potentially cause significant harm by depriving Medicaid beneficiaries—especially those affected by the NEMT waiver—of appropriate medical services and needed care.

    Although we have already received OMB approval to test and develop the survey instruments, we are soliciting public comment during the testing and development phase to meet the conditions of OMB's Terms of Clearance. Importantly, CMS will provide the public with another opportunity to comment, via a 30-day public comment period, prior to the implementation phase of this effort.

    Under the PRA, federal agencies are required to publish notice in the Federal Register concerning each proposed ICR. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this ICR, including any of the following subjects: (1) The necessity and utility of the proposed ICR for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by April 8, 2016.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: CMS-10615/OMB Control Number 0938-1300, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following ICR. More detailed information can be found in the collection's supporting statement and associated materials (see ADDRESSES).

    CMS-10615 Healthy Indiana Program (HIP) 2.0 Beneficiaries Survey

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. In compliance with the requirement of section 3506(c)(2)(A) of the PRA, we submitted to OMB the following requirements for emergency approval. OMB approved the emergency ICR on March 21, 2016, with an expiration date of September 30, 2016.

    Information Collection

    1. Type of Information Collection Request: New collection (Request for a new OMB control number); Title of Information Collection: Healthy Indiana Program (HIP) 2.0 Beneficiaries Survey; Use: Approval for testing and developing the survey is vital to adequately inform CMS decision making regarding Section 1115 Waivers, in particular the State's upcoming NEMT waiver due for renewal by December 1, 2016. The NEMT benefit provides transportation for Medicaid beneficiaries who otherwise have no means of transportation to get to and from medical services. The Healthy Indiana Program (HIP) 2.0 demonstration provides authority for the State to not offer NEMT for the new adult group during the first year of the demonstration (except for pregnant women and individuals determined to be medically frail). CMS may extend the State's authority, subject to evaluation of the impact of this policy on access to care. Form Number: CMS-10615 (OMB control number: 0938-1300); Frequency: Once; Affected Public: Individuals and households; Number of Respondents: 36; Total Annual Responses: 36; Total Annual Hours: 36. (For policy questions regarding this collection contact Teresa DeCaro at 202-384-6309).

    Written comments and recommendations will be considered from the public if received by the date and address noted above.

    Dated: March 22, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-06828 Filed 3-28-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Community Living Proposed Information Collection Activity; Comment Request; State Developmental Disabilities Council 5-Year State Plan AGENCY:

    Administration on Intellectual and Developmental Disabilities, Administration on Community Living, HHS.

    ACTION:

    Notice.

    SUMMARY:

    A plan developed by the State Council on Developmental Disabilities is required by federal statute. Each State Council on Developmental Disabilities must develop the plan, provide for public comments in the State, provide for approval by the State's Governor, and finally submit the plan on a five-year basis. On an annual basis, the Council must review the plan and make any amendments. The State Plan will be used (1) by any amendments. The State Plan will be used (2) by the Council as a planning document; (3) by the citizenry of the State as a mechanism for commenting on the plans of the Council; (4) by the Department as a stewardship tool, for ensuring compliance with the Developmental Disabilities Assistance and Bill of Rights Act, as one basis for providing technical assistance (e.g., during site visits), and as a support for management decision making.

    DATES:

    Submit written comments on the collection of information by May 31, 2016.

    ADDRESSES:

    Submit written comments on the collection of information by email to: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Valerie Bond, Administration on Community Living, Administration on Intellectual and Developmental Disabilities, Office of Program Support, 330 C Street SW., Room 1139-C, Washington, DC 20201, (202) 795-7311.

    SUPPLEMENTARY INFORMATION:

    In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration on Community Living is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to: Valerie Bond, Administration on Community Living, Administration on Intellectual and Developmental Disabilities, Office of Program Support, 330 C Street NW., Room 1139-C, Washington, DC 20201.

    The Department specifically requests comments on: (a) Whether the proposed Collection of information is necessary for the proper performance of the function 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) the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden information to be collected; and (e) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection technique comments and or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Respondents: 56 State Developmental Disabilities Councils.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Total burden hours
    State Developmental Disabilities Council 5-Year State Plan 56 1 367 20,552

    Estimated Total Annual Burden Hours: 20,552.

    Dated: March 22, 2016. Kathy Greenlee, Administrator and Assistant Secretary for Aging.
    [FR Doc. 2016-07065 Filed 3-28-16; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-3037] Pediatric Studies of Lorazepam; Establishment of Public Docket AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; establishment of docket.

    SUMMARY:

    The Food and Drug Administration (FDA) is establishing a public docket to make available to the public a report of the pediatric studies of Lorazepam that were conducted in accordance with the Public Health Service Act (PHS Act) and submitted to the Director of the National Institutes of Health (NIH) and the Commissioner of Food and Drugs.

    DATES:

    Submit either electronic or written comments by April 28, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/ Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-N-3037 for “Pediatric Studies of Lorazepam; Establishment of Public Docket.” 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:

    Lori Gorski, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, rm. 6466, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under section 409I of the PHS Act (42 U.S.C. 284m), the Secretary of the Department of Health and Human Services (the Secretary) acting through the Director of the NIH, in consultation with FDA and experts in pediatric research, must develop, prioritize, and publish a list of priority needs in pediatric therapeutics, including drugs and indications that require study.1 For drugs and indications on this list, FDA, acting in consultation with NIH, is authorized to issue a written request to holders of a new drug application or abbreviated new drug application for a drug for which pediatric studies are needed to provide safety and efficacy information for pediatric labeling. If the sponsors receiving the written request decline to conduct the studies or if FDA does not receive a response to the written request within 30 days of the date the written request was issued, the Secretary, acting through the Director of NIH, and in consultation with FDA, must publish a request for proposals to conduct the pediatric studies described in the written request and award funds to an entity with appropriate expertise for the conduct of the pediatric studies described in the written request. Upon completion of the pediatric studies, a study report that includes all data generated in connection with the studies must be submitted to FDA and NIH and placed in a public docket assigned by FDA.

    1 Prior to the 2007 reauthorization of the Best Pharmaceuticals for Children Act (Pub. L. 107-109), the priority list included specific drugs instead of therapeutic areas.

    Lorazepam is commonly used in pediatric practice as a first-line agent for the initial treatment of status epilepticus. However, there is limited information available about dosing, pharmacokinetics, effectiveness, and safety in pediatric patients treated with Lorazepam.

    A written request for pediatric studies of Lorazepam was issued on July 5, 2002, to Wyeth-Ayerst Research, the holder of the new drug applications for Lorazepam. FDA did not receive a response to the written request. On January 21, 2003, NIH published a Federal Register notice (68 FR 2789) announcing the addition of several drugs, including Lorazepam, to the priority list of drugs most in need of study for use by children to ensure their safety and efficacy. Accordingly, NIH issued a request for proposals to conduct the pediatric studies described in the written request and awarded funds to the Children's National Medical Center in September 2004, to complete the studies described in the written request. Upon completion of the pediatric studies, a report of the pediatric studies of Lorazepam was submitted to NIH and FDA. As required under section 409I of the PHS act, FDA opened a public docket and NIH placed in the docket the report of pediatric studies of Lorazepam that was submitted to NIH and FDA. The report includes all data generated in connection with the study, including the written request.

    We invite interested parties to review the report and submit comments to the docket. The public docket is available for public review in the Division of Dockets Management (see ADDRESSES) between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 23, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-07012 Filed 3-28-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Privacy Act of 1974; System of Records Notice AGENCY:

    Assistant Secretary for Public Affairs (ASPA), Office of the Secretary (OS), Department of Health and Human Services (HHS).

    ACTION:

    Notice of an altered system of records.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a), HHS is updating a department-wide system of records, System No. 09-90-0058, currently titled “Freedom of Information Case Files and Correspondence Control Log, HHS/OS/ASPA/FOIA.” This system of records was established prior to 1979 (see 44 FR 58144) and was previously revised in 1989 and 1994 (see 54 FR 41684 and 59 FR 55845). Due to the length of time since the last revision, the updates published in this Notice affect most sections of the System of Records Notice (SORN). The updates include changing the system name to “Tracking Records and Case Files for FOIA and Privacy Act Requests and Appeals;” expanding the scope of the system to include tracking records and case files pertaining to not only FOIA and Privacy Act requests processed in agency FOIA offices, but Privacy Act requests and appeals handled by System Managers for Privacy Act systems and related privacy personnel, when those records are retrieved by personal identifier; adding several new routine uses; and clarifying that some of the records in this system of records may be exempt from certain Privacy Act requirements. The updates are more fully explained in the SUPPLEMENTARY INFORMATION section of this Notice.

    DATES:

    This Notice is effective on publication, with the exception of the new and revised routine uses. The new and revised routine uses will be effective 30 days after publication of this Notice, unless comments are received that warrant a revision to this Notice. Written comments on the routine uses should be submitted within 30 days. Until the new and revised routine uses are effective, the routine uses previously published for the system will remain in effect.

    ADDRESSES:

    You may submit comments to Beth Kramer, HHS Privacy Act Officer, FOIA/PA Division, by email to: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Beth Kramer, HHS Privacy Act Officer, FOIA/PA Division, Hubert H. Humphrey Building—Suite 729H, 200 Independence Avenue SW., Washington, DC 20201. Ms. Kramer can also be reached by telephone at 202-690-7453.

    SUPPLEMENTARY INFORMATION: I. Explanation of Revisions to System No. 09-90-0058

    The revised System of Records Notice (SORN) published in this Notice for System No. 09-90-0058 includes the following significant changes, in addition to minor wording changes throughout:

    • The system name and scope have been revised to cover not only tracking records and case files used by HHS Freedom of Information Act (FOIA) offices to process FOIA and Privacy Act requests and appeals (which typically involve only “access” to agency records), but tracking records and case files used by System Managers of Privacy Act systems and related privacy personnel to process any type of Privacy Act request or appeal (e.g., seeking access, notification, correction and amendment, or an accounting of disclosures), when those tracking records and case files are retrieved by personal identifier.

    • The Categories of Individuals section has been revised to omit organizations (because the Privacy Act applies only to individuals, not entities), but not to add any additional categories of individuals besides individual FOIA and Privacy Act requesters and appellants. The result is that only an individual FOIA or Privacy Act requester or appellant may make a Privacy Act request under this SORN for access to, correction of, notification as to, or an accounting of disclosures with respect to tracking records and/or case files used by HHS to process a FOIA and/or Privacy Act request in which that individual was the requester or appellant. Further, because agency records processed in response to a third-party FOIA request are not about the requester or appellant, a provision has been added to make clear that Privacy Act rights are afforded to an individual requester or appellant only to the extent that the information in the tracking record and case file retrieved by that individual's identifier is, in fact, about that individual requester or appellant. The intent is to include in the Categories of Individuals section only individual requesters and appellants (not, for example, individual representatives who requested records under FOIA on behalf of an entity).

    Note: Privacy Act case files and tracking records are about individual requesters and appellants only, because Privacy Act requests can only be made by an individual record subject personally, not by a third party or through a representative (unless the representative is the parent of or court-appointed guardian for a minor or legally-declared incompetent who is the record subject). The agency's position is that FOIA case files and tracking records, likewise, are about requesters and appellants only, not other individuals who may be identified in the agency records sought by FOIA requesters and appellants. This is because HHS' FOIA case files and tracking records are not keyed or indexed to individuals mentioned in records requested under FOIA, but are keyed to requesters and appellants, and because the purpose for which records are processed under FOIA is to release information about the agency (not to release information about individuals mentioned in the records to third party FOIA requesters, except as required to shed light on conduct of the agency).

    • The Categories of Records section has been rewritten, to reflect two distinct categories (tracking records and case files); to describe the contents in more detail; to clarify that any classified records responsive to a FOIA request or appeal are considered part of the case file for that request or appeal, even if the classified records must be maintained in a security office instead of in the FOIA office; and to specifically exclude related categories of records covered by other SORNs, to avoid duplicating other systems of records.

    • The Purposes section has been rewritten to provide a broader description of uses and users of the records within HHS. (The prior description mentioned only “FOIA correspondence and processing,” “Freedom of Information staff,” and “appeals officials and members of the Office of General Counsel.”)

    • An existing routine use authorizing disclosures to contractors (routine use 2) has been revised to be more accurate in reflecting the broad purposes for which contractors may be engaged to assist HHS and require access to records in the system. (The former description was limited to “collating, aggregating, analyzing, or otherwise refining records in this system.”)

    • Four new routine uses have been added (see routine uses 6 through 9).

    • The System Locations and System Manager sections have been updated with current information and expanded to be consistent with the scope of the system.

    • The Policies and Practices section has been revised. Specifically, the Storage and Safeguards descriptions have been revised to reflect that any of the records (not just tracking records) may be maintained electronically, and to include safeguards applicable to classified records. The Retention description has been updated to refer to new General Records Schedule (GRS) 4.2, issued August 2015 (superseding GRS 14).

    • The Exemptions section has been changed from stating “none” to including an explanation that certain records in this system may be exempt if they are from other Privacy Act systems that have promulgated exemptions.

    Because the revised SORN includes significant changes, a report on the altered system has been sent to Congress and OMB in accordance with 5 U.S.C. 552a(r).

    II. Background on the Privacy Act Requirement To Publish a System of Records Notice

    The Privacy Act governs the means by which the U.S. Government collects, maintains, and uses information about individuals in a system of records. A “system of records” is a group of any records under the control of a federal agency from which records about individuals are retrieved by the individuals' names or other personal identifiers. While FOIA entitles any person to seek access to agency records, an individual has a right of access under the Privacy Act, in addition to FOIA, with respect to agency records about him that are maintained in a Privacy Act system of records. The Privacy Act requires each agency to publish in the Federal Register a system of records notice (SORN) identifying and describing each system of records the agency maintains, including the purposes for which the agency uses information about individuals in the system, the routine uses for which the agency discloses such information to parties outside the agency, and how an individual record subject can exercise his rights under the Privacy Act (e.g., to request notification of whether the system contains records about him, or to request access to or correction or amendment of his records).

    SYSTEM NUMBER: 09-90-0058 SYSTEM NAME:

    Tracking Records and Case Files for FOIA and Privacy Act Requests and Appeals.

    SECURITY CLASSIFICATION:

    Classified and Unclassified.

    SYSTEM LOCATIONS:

    Physical locations for the case files and tracking records covered by this SORN include:

    • The HHS Freedom of Information/Privacy Acts Division within the Office of the Assistant Secretary for Public Affairs (ASPA) in Washington, DC;

    • HHS FOIA Requester Service Centers in Washington, DC; Baltimore, MD; Bethesda, MD; Research Triangle, NC; Rockville, MD; and Atlanta, GA;

    • Any contractor locations that support FOIA and/or Privacy Act request processing (for example, the Centers for Medicare & Medicaid Services (CMS) uses contractors located near its Regional Offices in Boston, MA; New York, NY; Philadelphia, PA; Atlanta, GA; Chicago, IL; Dallas, TX; Kansas City, MO; Denver, CO; San Francisco, CA; and Seattle, WA);

    • Server locations for electronic systems used by HHS FOIA offices, System Managers, and/or related privacy personnel (for example, server locations for agency-developed FOIA systems include Bethesda, MD for the system used by National Institutes of Health; White Oak, MD and Ashburn, VA for the system used by the Food and Drug Administration; and Baltimore, MD for the system used by CMS and PSC; locations for commercial off-the-shelf FOIA systems include Gaithersburg, MD for FOIAXpress and Washington, DC for the Request Management System);

    • Security office locations where classified records responsive to FOIA and Privacy Act requests may be stored, including the Office of Security and Strategic Information (OSSI) in Washington, DC; and

    • System Manager locations identified in each SORN posted at http://www.hhs.gov/foia/privacy/sorns.html, where any tracking records and case files used by System Managers and related privacy personnel to process Privacy Act requests and appeals would be maintained.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    The records in this system of records pertain to individual FOIA and Privacy Act requesters and appellants only. Individual FOIA and Privacy Act requesters and appellants include:

    • Any individual who the agency treated as the requester or appellant for an access request or appeal that was received in or referred to a HHS FOIA office for processing under FOIA (and under the Privacy Act, if applicable), excluding individual representatives who requested records under FOIA on behalf of an entity; and

    • Any individual who made any type of Privacy Act request or appeal that was received by or referred to the System Manager (or related privacy personnel) for the relevant HHS Privacy Act system of records for handling—but only if the System Manager's (or related privacy personnel's) Privacy Act tracking records and case files are retrieved by requester or appellant identifier.

    For a FOIA request or appeal involving non-Privacy Act records, the individual treated as the requester or appellant may have made the FOIA request or appeal personally, through a representative, or as a representative for another individual. For a Privacy Act request or appeal, the individual requester or appellant may have made the request or appeal personally, or as the parent of or court-appointed guardian for a minor or legally-declared incompetent who is the subject of the records, or with the prior, written consent of the record subject. When any of the aforementioned individual requesters or appellants seeks to exercise Privacy Act rights under this SORN with respect to the tracking record and case file pertaining to his or her FOIA or Privacy Act request or appeal, the information in the tracking record and case file must be about him, as required by 5 U.S.C. 552a(a)(4) (i.e., not merely be retrieved by his identifier), for the individual to be afforded Privacy Act rights with respect to those records.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Records consist of tracking records and case files for FOIA and Privacy Act requests and appeals made by individuals. This system of records excludes tracking records and case files for FOIA requests and appeals made by or on behalf of entities.

    Tracking records typically include the requester/appellant's name and contact information, case tracking number, date of request or appeal, a brief description of the request or appeal, processing status, and response date or appeal decision date. A tracking record for a FOIA request may include additional information, such as the requester's fee category and whether expedited processing or a fee waiver or reduction was sought and was granted or denied.

    A case file typically includes a copy of the request and any appeal, which would include the requester/appellant's name; contact information; a description of the records that were the subject of the access, correction, or other request; issues raised on appeal; copies of any documents included with the request or appeal; the case tracking number; the agency's response letter and any appeal decision letter; copies of records responsive to the request; correspondence about the request or appeal with the requester and with other involved parties and agencies; and any fee-related information. A case file also may include identity verification documents and information (such as photocopies of the requester's driver's license, passport, alien or voter registration card, or union card; identifying particulars about the records sought, such as an account number; or a statement certifying that the requester is the individual who he or she claims to be) if the case file pertains to a first-party request; a consent form signed by an individual record subject, authorizing HHS to provide records about that individual to a third party; and photocopies of documents establishing a parent, guardian, or other legal relationship (such as a court order or birth certificate) if the request or appeal was made by a legal representative. Any classified records responsive to a FOIA request or appeal are considered to be part of the FOIA case file, even if maintained in a security office instead of in the FOIA case file.

    Note that the scope of this system of records excludes the following related records:

    • Litigation files maintained in the HHS Office of General Counsel related to requests covered in this system of records (see instead the SORN for System No. 09-90-0064 “Litigation Files, Administrative Complaints and Adverse Personnel Actions”);

    • Records pertaining to Privacy Act violation claims (see instead the SORNs for System Nos. 09-90-0062 “Administrative Claims” and 09-90-0064 “Litigation Files, Administrative Complaints and Adverse Personnel Actions”); and

    • Records about agency personnel who process FOIA and Privacy Act requests (see instead SORNs covering personnel records; e.g., 09-90-0018 “Personnel Records in Operating Offices,” 09-40-0001 “Public Health Service (PHS) Commissioned Corps General Personnel Records,” and OPM/GOVT-2 “Employee Performance File System Records”).

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. 552, 552a; 44 U.S.C. 3301.

    PURPOSE(S) OF THE SYSTEM:

    FOIA and Privacy Act tracking records and case files are used on a need-to-know basis within the agency, primarily by FOIA office personnel, FOIA Coordinators and subject matter experts in program offices who locate and provide records responsive to requests, attorneys in the Office of General Counsel, Privacy Officers, and System Managers for Privacy Act systems of records. HHS uses the tracking records and case files to:

    • Track, process, and respond to the requests and any related administrative appeals, litigation, and mediation actions and communicate with the requesters and appellants;

    • locate records responsive to requests and appeals and verify the identity of first-party requesters and appellants;

    • identify related requests and records frequently requested under FOIA and generate publicly-releasable versions of FOIA request logs;

    • provide aggregate and statistical data for reports and facilitate management and oversight reviews of FOIA and Privacy Act operations; and

    • share relevant information with other HHS offices that manage related matters arising from processing FOIA and Privacy Act requests and appeals, such as investigating erroneous release incidents and responding to lawsuits alleging Privacy Act violation claims or other claims. (Records used for such purposes, if retrieved by personal identifier, would be covered under other SORNs.)

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    The Privacy Act allows us to disclose information without an individual's consent to parties outside the agency if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. To the extent this system contains Protected Health Information (PHI) as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR parts 160 and 164, 65 FR 82462 (December 28, 2000), Subparts A and E), disclosures of such PHI that are otherwise authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” This system may make the following routine use disclosures:

    1. Records may be disclosed to the Department of Justice (DOJ) for the purpose of obtaining DOJ's advice as to whether or not records are required to be disclosed under FOIA and/or the Privacy Act in response to an access request.

    2. Records may be disclosed to federal agencies and Department contractors that have been engaged by HHS to assist in accomplishing an HHS function related to the purposes of the system and that need to have access to the records in order to assist HHS. Any contractor will be required to comply with the requirements of the Privacy Act of 1974 and appropriately safeguard the records. These safeguards are explained in the “Safeguards” section.

    3. Records may be disclosed to student volunteers and other individuals performing functions for the Department but technically not having the status of agency employees, if they need access to the records in order to perform their assigned agency functions.

    4. Records may be disclosed to a Member of Congress or to a congressional staff member in response to a written inquiry of the congressional office made at the written request of the constituent about whom the record is maintained. The Member of Congress does not have any greater authority to obtain records than the individual would have if requesting the records directly.

    5. Records may be disclosed to the Department of Justice (DOJ) or to a court or other tribunal when:

    a. The agency or any component thereof, or

    b. any employee of the agency in his or her official capacity, or

    c. any employee of the agency in his or her individual capacity where DOJ has agreed to represent the employee, or

    d. the United States Government, is a party to litigation or has an interest in such litigation and, by careful review, HHS determines that the records are both relevant and necessary to the litigation and that, therefore, the use of such records by the DOJ, court, or other tribunal is deemed by HHS to be compatible with the purpose for which the agency collected the records.

    6. Records may be disclosed to another federal, foreign, state, local, tribal, or other public agency with an interest in or control over information in records responsive to or otherwise related to an access or amendment request, for the following purposes:

    a. Consulting the other agency for its views about providing access to the information or assistance in verifying the identity of an individual or the accuracy of information sought to be amended or corrected;

    b. informing the other agency of HHS' response or intended response to the request; or

    c. referring the request to the most appropriate federal agency for response.

    7. The identity of the requester or appellant may be disclosed to a submitter of business records that are sought by that requester or appellant, when obtaining the submitter's views concerning release of the submitter's business information under FOIA.

    8. Records may be disclosed to the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities under 5 U.S.C. 552(h) to review administrative agency policies, procedures, and compliance with FOIA, and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

    9. Records may be disclosed to appropriate federal agencies and Department contractors that have a need to know the information for the purpose of assisting the Department's efforts to respond to a suspected or confirmed breach of the security or confidentiality of information maintained in this system of records, when the information disclosed is relevant and necessary for that assistance.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM— STORAGE:

    Electronic records are stored in secure electronic tracking and/or storage applications, and on compact disks, DVDs, and network drives. Hard-copy files are stored at office locations, in file rooms, shelves, safes, cabinets, bookcases or desks.

    RETRIEVAL:

    Records are retrieved by personal identifier (i.e., requester or appellant name).

    SAFEGUARDS:

    Safeguards conform to the HHS Information Security and Privacy Program, http://www.hhs.gov/ocio/securityprivacy/index.html and HHS Office of Security and Strategic Information (OSSI) policies regarding classified information, and include the following:

    Administrative Safeguards: Authorized users are limited to HHS employees and officials who are responsible for processing FOIA and Privacy Act requests and appeals, authorized personnel of any contractors or federal agencies assisting HHS with those functions, and any other authorized individuals who work for HHS and assist HHS with those functions but technically do not have the status of agency employees. Only personnel with a “need to know” and appropriate security clearances issued by OSSI or the Office of Inspector General (OIG) regarding OIG personnel are allowed to access classified records. Each user's access is limited, based on the user's role, to the records that are essential to the user's duties. Security safeguards are imposed on contractors through inclusion of Privacy Act-required clauses in contracts and through monitoring by contract and project officers.

    Technical Safeguards: Access to electronic systems and records is controlled and protected by a secure log-in method (using passwords that are unique, complex, and frequently changed), time-out features, NSA and/or NIST-approved encryption methods, firewalls, intrusion detection systems, and cybersecurity monitoring systems.

    Physical Safeguards: Hard-copy records and records displayed on computer screens are protected from the view of unauthorized individuals while the records are in use by an authorized employee. Hard-copy records and electronic storage media are secured during nonbusiness hours in locked file cabinets, locked desk drawers, locked offices, or locked storage areas. Office buildings are protected by cameras and uniformed guards. When records are photocopied, printed, scanned, or faxed for authorized purposes, care is taken to ensure that no copies are left where they can be read by unauthorized individuals. When eligible for destruction, records are securely disposed of using destruction methods prescribed by NSA and/or NIST SP 800-88.

    RETENTION AND DISPOSAL:

    Records are retained and disposed of in accordance with General Records Schedule (GRS) 4.2 “Information Access and Protection Records” (superseding GRS 14 “Information Services Records”), which prescribes retention periods ranging from approximately two years to six years after final agency action or adjudication by a court, date of closure, or last entry. For specific periods, see GRS 4.2 Items 020 access and disclosure request files; 030 general administrative (tracking) records; 050 Privacy Act accounting of disclosure files; and 090 Privacy Act amendment request files.

    SYSTEM MANAGER(S) AND ADDRESS(ES):

    HHS Privacy Act Officer, Freedom of Information/Privacy Acts Division, OS/ASPA, Hubert H. Humphrey Building—Suite 729H, 200 Independence Avenue SW., Washington, DC 20201.

    NOTIFICATION PROCEDURE:

    An individual who wishes to know if this system contains tracking records and case files for FOIA and Privacy Act requests or appeals in which he was the requester or appellant must submit a written request to the System Manager identified above. The request should include the full name of the individual, information to verify the individual's identity, and the individual's current address.

    RECORD ACCESS PROCEDURE:

    An individual requester or appellant may request access to tracking records and case files about his FOIA or Privacy Act request or appeal by making a written request to the System Manager identified above, and by identifying or describing the records sought, providing information to verify his identity, and including his current address.

    CONTESTING RECORD PROCEDURES:

    An individual may contest information in tracking records and case files about his FOIA or Privacy Act request or appeal by contacting the System Manager identified above, and by identifying the information contested, the corrective action sought, and the reasons for requesting the correction, along with supporting information to show how the record is inaccurate, incomplete, untimely, or irrelevant.

    RECORD SOURCE CATEGORIES:

    Information is obtained from individual requesters and appellants, responsive records, program offices that provide responsive records, and personnel at HHS, other agencies, and outside organizations (e.g., consultants and business submitters) who provide information relevant to processing the requests.

    EXEMPTIONS CLAIMED FOR THIS SYSTEM:

    This system of records is not a type of system eligible to promulgate exemptions under subsections (j) and (k) of the Privacy Act (5 U.S.C. 552a(j), (k)); however, any record in this system that is from another Privacy Act system of records that has promulgated exemptions will be exempt from access and other requirements of the Privacy Act if and to the same extent that the record is exempt from such requirements in the source system. Records in this system that are from a system described in 5 U.S.C. 552a(j)(2) may be exempt from the requirements in these subsections of the Privacy Act: (c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12), (f), (g), and (h). Records in this system that are from a system described in 5 U.S.C. 552a(k) may be exempt from the requirements in these subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)G), (e)(4)(H), (e)(4)(I), and (f). Any records compiled in reasonable anticipation of a civil action or proceeding are excluded from the Privacy Act access requirement in all systems of records, as provided in 5 U.S.C. 552a(d)(5).

    Dated: March 9, 2016. Catherine Teti, Executive Officer, Deputy Agency Chief FOIA Officer, Assistant Secretary for Public Affairs.
    [FR Doc. 2016-07060 Filed 3-28-16; 8:45 am] BILLING CODE 4150-25-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Fellowship and Career Award Grants.

    Date: April 13, 2016.

    Time: 4:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Carol J. Goter-Robinson, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7347, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-7791, [email protected].

    Name of Committee: National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; NIDDK Central Repositories Sample Access (X01)-Diabetes, obesity and Kidney Diseases-PAR14-301.

    Date: May 26, 2016.

    Time: 11:00 a.m. to 1:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Najma Begum, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7349, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-8894, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
    Dated: March 23, 2016. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-06983 Filed 3-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel, Translational Programs in Lung Diseases.

    Date: April 20-21, 2016.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Crystal Gateway Marriott, 1700 Jefferson Davis Highway Arlington, VA 22202.

    Contact Person: William J Johnson, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892, 301-435-0725, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: March 23, 2016. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-06981 Filed 3-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council for Biomedical Imaging and Bioengineering.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council for Biomedical Imaging and Bioengineering.

    Date: May 19, 2016.

    Open: 9:00 a.m. to 12:30 p.m.

    Agenda: Report from the Institute Director, other Institute Staff, presentation of Task Force reports, and Scientific Presentation.

    Place: The William F. Bolger Center, Franklin Building, Classroom 15/16, 9600 Newbridge Drive, Potomac, MD 20854.

    Closed: 1:30 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: The William F. Bolger Center, Franklin Building, Classroom 15/16, 9600 Newbridge Drive, Potomac, MD 20854.

    Contact Person: David George, Ph.D., Acting Associate Director, Office of Research Administration, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Room 920, Bethesda, MD 20892.

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    Information is also available on the Institute's/Center's home page: http://www.nibib1.nih.gov/about/NACBIB/NACBIB.htm, where an agenda and any additional information for the meeting will be posted when available.

    Dated: March 23, 2016. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-06982 Filed 3-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Disorders in Brain Development and in Aging.

    Date: March 29, 2016.

    Time: 12:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Pat Manos, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5200, MSC 7846, Bethesda, MD 20892, 301-408-9866, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Molecular and Microbial Genetics.

    Date: April 8, 2016.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Cheryl M. Corsaro, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2204, MSC 7890, Bethesda, MD 20892, (301) 435-1045, [email protected]

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Mechanisms of Neurodegeneration and Cell Death.

    Date: April 22, 2016.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Carol Hamelink, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4192, MSC 7850, Bethesda, MD 20892, (301) 213-9887, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: March 22, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-06980 Filed 3-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory General Medical Sciences Council.

    The meeting will be open to the public as indicated below, with a short public comment period at the end. Attendance is limited by the space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The open session will also be videocast and can be accessed from the NIH Videocasting and Podcasting Web site (http://videocast.nih.gov/).

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory General Medical Sciences Council.

    Date: May 19-20, 2016.

    Closed: May 19, 2016, 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892.

    Open: May 20, 2016, 8:30 a.m. to 12:00 p.m.

    Agenda: For the discussion of program policies and issues; opening remarks; report of the Director, NIGMS; and other business of the Council.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Ann A. Hagan, Ph.D., Associate Director for Extramural Activities, NIGMS, NIH, DHHS, 45 Center Drive, Room 2AN24H, MSC6200, Bethesda, MD 20892-6200, (301) 594-4499, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also found on the Institute's/Center's home page: http://www.nigms.nih.gov/About/Council, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program No. 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: March 23, 2016. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-06984 Filed 3-28-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2015-0756] Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0009 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval for reinstatement, with change, of the following collection of information: 1625-0009, Oil Record Book for Ships. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before April 28, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0756] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected]

    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer for the Coast Guard.

    (3) Fax: 202-395-6566. To ensure your comments are received in a timely manner, mark the fax, attention Desk Officer for the Coast Guard.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Contact Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2015-0756], and must be received by April 28, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0009.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (80 FR 72451, November 19, 2015) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collections.

    Information Collection Request

    Title: Oil Record Book for Ships.

    Omb Control Number: 1625-0009.

    Summary: The Act to Prevent Pollution from Ships (APPS) and the International Convention for Prevention of Pollution from Ships, 1973, as modified by the 1978 Protocol relating thereto (MARPOL 73/78), requires that information about oil cargo or fuel operations be entered into an Oil Record Book (CG-4602A). The requirement is contained in 33 CFR 151.25.

    Need: This information is used to verify sightings of actual violations of the APPS to determine the level of compliance with MARPOL 73/78 and as a means of reinforcing the discharge provisions.

    Forms: CG-4602A, Oil Record Book for Ships.

    Respondents: Operators of vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has increased from 20,221 hours to 28,536 hours a year due to an increase in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: March 23, 2016. Thomas P. Michelli, Deputy Chief Information Officer, U.S. Coast Guard.
    [FR Doc. 2016-07039 Filed 3-28-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2015-0908] Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0042 AGENCY:

    Coast Guard, DHS.

    ACTION:

    Thirty-day notice requesting comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval for reinstatement, with change, of the following collection of information: 1625-0042, Requirements for Lightering of Oil and Hazardous Material Cargoes. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

    DATES:

    Comments must reach the Coast Guard and OIRA on or before April 28, 2016.

    ADDRESSES:

    You may submit comments identified by Coast Guard docket number [USCG-2015-0908] to the Coast Guard using the Federal eRulemaking Portal at http://www.regulations.gov. Alternatively, you may submit comments to OIRA using one of the following means:

    (1) Email: [email protected]

    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer for the Coast Guard.

    (3) Fax: 202-395-6566. To ensure your comments are received in a timely manner, mark the fax, attention Desk Officer for the Coast Guard.

    A copy of the ICR is available through the docket on the Internet at http://www.regulations.gov. Additionally, copies are available from: Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 20593-7710.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Anthony Smith, Office of Information Management, telephone 202-475-3532, or fax 202-372-8405, for questions on these documents.

    SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking the approval, extension, or renewal of a Coast Guard collection of information (Collection). The ICR contains information describing the Collection's purpose, the Collection's likely burden on the affected public, an explanation of the necessity of the Collection, and other important information describing the Collection. There is one ICR for each Collection. The Coast Guard invites comments on whether this ICR should be granted based on the Collection being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the Collection; (2) the accuracy of the estimated burden of the Collection; (3) ways to enhance the quality, utility, and clarity of information subject to the Collection; and (4) ways to minimize the burden of the Collection on respondents, including the use of automated collection techniques or other forms of information technology. These comments will help OIRA determine whether to approve the ICR referred to in this Notice.

    We encourage you to respond to this request by submitting comments and related materials. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. They must also contain the docket number of this request, [USCG-2015-0908], and must be received by April 28, 2016.

    Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice of Action on each ICR will become available via a hyperlink in the OMB Control Number: 1625-0042.

    Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The Coast Guard published the 60-day notice (80 FR 72442, November 19, 2015) required by 44 U.S.C. 3506(c)(2). That Notice elicited no comments. Accordingly, no changes have been made to the Collections.

    Information Collection Request

    Title: Requirements for Lightering of Oil and Hazardous Material Cargoes.

    OMB Control Number: 1625-0042.

    Summary: The information for this report allows the U.S. Coast Guard to provide timely response to an emergency and minimize the environmental damage from an oil or hazardous material spill. The information also allows the Coast Guard to control the location and procedures for lightering activities.

    Need: Section 3715 of Title 46 U.S.C. authorizes the Coast Guard to establish lightering regulations. Title 33 CFR 156.200 to 156.330 prescribes the Coast Guard regulations for lightering, including pre-arrival notice, reporting of incidents and operating conditions.

    Forms: None.

    Respondents: Owners, masters and agents of lightering vessels.

    Frequency: On occasion.

    Hour Burden Estimate: The estimated burden has increased from 217 hours to 372 hours a year due to an increase in the estimated annual number of responses.

    Authority:

    The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended.

    Dated: March 23, 2016. Thomas P. Michelli, Deputy Chief Information Officer, U.S. Coast Guard.
    [FR Doc. 2016-07040 Filed 3-28-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4250-DR; Docket ID FEMA-2016-0001] Missouri; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Missouri (FEMA-4250-DR), dated January 21, 2016, and related determinations.

    DATES:

    Effective March 17, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of Missouri is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of January 21, 2016.

    Mississippi, New Madrid, Pemiscot, and Shannon Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-07083 Filed 3-28-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4264-DR; Docket ID FEMA-2016-0001] New Jersey; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of New Jersey (FEMA-4264-DR), dated March 14, 2016, and related determinations.

    DATES:

    Effective Date: March 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated March 14, 2016, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of New Jersey resulting from a severe winter storm and snowstorm during the period of January 22-24, 2016, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of New Jersey. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. You are further authorized to provide snow assistance under the Public Assistance program for a limited period of time during or proximate to the incident period. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Seamus K. Leary, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of New Jersey have been designated as adversely affected by this major disaster:

    Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Somerset, Union, and Warren Counties for Public Assistance. Bergen, Burlington, Camden, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Somerset, Union, and Warren Counties for snow assistance under the Public Assistance program for any continuous 48-hour period during or proximate the incident period. All areas within the State of New Jersey are eligible for assistance under the Hazard Mitigation Grant Program. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-06978 Filed 3-28-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1605] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency M2666anagement 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: March 4, 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.
    Arkansas: Crawford City of Alma (14-06-2666P) The Honorable Keith Greene, Mayor, City of Alma, 804 Fayetteville Avenue, Alma, AR 72921 Water Department, 804 Fayetteville Avenue, Alma, AR 72921 http://www.msc.fema.gov/lomc May 13, 2016 050236 Crawford Unincorporated areas of Crawford County (14-06-2666P) The Honorable John Hall, Crawford County Judge, 300 Main Street, Room 4, Van Buren, AR 72956 Crawford County, Department of Emergency Management, 1820 Chestnut Street, Van Buren, AR 72956 http://www.msc.fema.gov/lomc May 13, 2016 050428 Colorado: Boulder City of Boulder (16-08-0051P) The Honorable Suzanne Jones, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306 Planning and Development Services Department, 1739 Broadway Street, Boulder, CO 80302 http://www.msc.fema.gov/lomc Apr. 26, 2016 080024 Weld Town of Milliken (15-08-0943P) The Honorable Milt Tokunaga, 1101 Broad Street, Milliken, CO 80543 Town Hall, 1101 Broad Street, Milliken, CO 80543 http://www.msc.fema.gov/lomc May 4, 2016 080187 Weld Unincorporated areas of Weld County (15-08-0943P) The Honorable Barbara Kirkmeyer, Chair, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632 Weld County Planning and Zoning Department 1555 North 17th Avenue Greeley, CO 80631 http://www.msc.fema.gov/lomc May 4, 2016 080266 Weld Unincorporated areas of Weld County (15-08-1446P) The Honorable Barbara Kirkmeyer, Chair, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632 Weld County Planning and Zoning Department, 1555 North 17th Avenue, Greeley, CO 80631 http://www.msc.fema.gov/lomc May 13, 2016 080266 Delaware: New Castle Unincorporated areas of New Castle County (15-03-2443P) 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 May 11, 2016 105085 Florida: Brevard City of Indian Harbor Beach (15-04-1302P) The Honorable David Panicola, Mayor, City of Indian Harbor Beach, 2055 South Patrick Drive, Indian Harbour Beach, FL 32937 City Hall, 2055 South Patrick Drive, Indian Harbour Beach, FL 32937 http://www.msc.fema.gov/lomc Apr. 28, 2016 125116 Broward City of Pompano Beach (15-04-7209P) The Honorable Lamar Fisher, Mayor, City of Pompano Beach, 100 West Atlantic Boulevard, Pompano Beach, FL 33060 Building Inspections Department, 100 West Atlantic Boulevard, Pompano Beach, FL 33060 http://www.msc.fema.gov/lomc May 5, 2016 120055 Lee Unincorporated areas of Lee County (15-04-7181P) The Honorable Frank Mann, Chairman, Lee County Board of Commissioners, District 5, P.O. Box 398, Fort Myers, FL 33902 Lee County Community Development Department, 1500 Monroe Street, Fort Myers, FL 33901 http://www.msc.fema.gov/lomc May 4, 2016 125124 Lee Unincorporated areas of Lee County (16-04-0292P) The Honorable Frank Mann, Chairman, Lee County Board of Commissioners, District 5, P.O. Box 398, Fort Myers, FL 33902 Lee County Community Development Department, 1500 Monroe Street, Fort Myers, FL 33901. http://www.msc.fema.gov/lomc May 11, 2016 125124 Miami-Dade City of Miami (15-04-A406P) The Honorable Tomás P. Regalado, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133 Building Department, 444 Southwest 2nd Avenue, Miami, FL 33130 http://www.msc.fema.gov/lomc Apr. 4, 2016 120650 Miami-Dade City of Sunny Isles Beach (15-04-8034P) The Honorable George “Bud” Scholl, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 Building Department, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. http://www.msc.fema.gov/lomc Apr. 26, 2016 120688 Seminole City of Longwood (15-04-9353P) The Honorable Joe Durso, Mayor, City of Longwood, 175 West Warren Avenue, Longwood, FL 32750 Community Development Division, 174 West Church Avenue, Longwood, FL 32750 http://www.msc.fema.gov/lomc May 6, 2016 120292 Georgia: Columbia Unincorporated areas of Columbia County (15-04-7397P) The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498 Evans, GA 30809 Columbia County, Engineering Services Department, 630 Ronald Reagan Drive, Building A, East Wing, Evans, GA 30809 http://www.msc.fema.gov/lomc Mar. 31, 2016 130059 Columbia Unincorporated areas of Columbia County (15-04-A572P) The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809 Columbia County, Engineering Services Department, 630 Ronald Reagan Drive, Building A, East Wing, Evans, GA 30809 http://www.msc.fema.gov/lomc May 6, 2016 130059 Lee City of Leesburg (15-04-3743P) The Honorable Jim Quinn, Mayor, City of Leesburg, P.O. Box 890, Leesburg, GA 31763 City Hall, 107 Walnut Avenue, South Leesburg, GA 31763 http://www.msc.fema.gov/lomc Apr. 21, 2016 130348 Lee Unincorporated areas of Lee County (15-04-3743P) The Honorable Rick Muggridge, Chairman, Lee County Board of Commissioners, 110 Starksville Avenue, North Leesburg, GA 31763 Lee County, Administration Building, 110 Starksville Avenue, North Leesburg, GA 31763 http://www.msc.fema.gov/lomc Apr. 21, 2016 130122 Massachusetts: Plymouth Town of Lakeville (15-01-2489P) The Honorable Aaron Burke, Chairman, Town of Lakeville Board of Selectmen, 346 Bedford Street, Lakeville, MA 02347 Town Hall, 346 Bedford Street, Lakeville, MA 02347 http://www.msc.fema.gov/lomc Mar. 25, 2016 250271 Plymouth Town of Middleborough (15-01-2489P) The Honorable Allin Frawley, Chairman, Town of Middleborough Board of Selectmen, 10 Nickerson Avenue, Middleborough, MA 02346 Planning Department, Town Hall Annex, 20 Centre Street, Middleborough, MA 02346 http://www.msc.fema.gov/lomc Mar. 25, 2016 250275 Plymouth Town of Rochester (15-01-2489P) The Honorable Richard D. Nunes, Chairman, Town of Rochester Board of Selectmen, 1 Constitution Way, Rochester, MA 02770 Town Hall Annex, 37 Marion Road, Rochester, MA 02770 http://www.msc.fema.gov/lomc Mar. 25, 2016 250280 Nevada: Clark City of Henderson (15-09-3020P) The Honorable Andy Hafen, Mayor, City of Henderson, P.O. Box 95050, MSC 142, Henderson, NV 89009 Department of Public Works, Parks and Recreation, P.O. Box 95050, MSC 131, Henderson, NV 89009 http://www.msc.fema.gov/lomc Apr. 8, 2016 320005 Ohio: Franklin City of Columbus (15-05-3155P) The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, 2nd Floor, Columbus, OH 43215 City Hall, 1250 Fairwood Avenue, Columbus, OH 43206 http://www.msc.fema.gov/lomc Apr. 20, 2016 390170 Franklin City of Grandview Heights (15-05-3155P) The Honorable Ray DeGraw, Mayor, City of Grandview Heights, 1016 Grandview Avenue, Grandview Heights, OH 43212 City Hall, 1016 Grandview Avenue, Grandview Heights, OH 43212 http://www.msc.fema.gov/lomc Apr. 20, 2016 390172 Oklahoma: Oklahoma City of Oklahoma City (15-06-0551P) The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, OK 73102 Planning Department, 420 West Main, 9th Floor, Oklahoma City, OK 73102 http://www.msc.fema.gov/lomc May 4, 2016 405378 Oklahoma City of Oklahoma City (15-06-3108P) The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker, 3rd Floor, Oklahoma City, OK 73102 Planning Department, 420 West Main, 9th Floor, Oklahoma City, OK 73102 http://www.msc.fema.gov/lomc Apr. 26, 2016 405378 Oklahoma Unincorporated areas of Oklahoma County (15-06-3108P) The Honorable Ray Vaughn, Oklahoma County Commissioner, District 3, 320 Robert S. Kerr Avenue, Suite 621, Oklahoma City, OK 73102 Oklahoma County Planning Department, 320 Robert S. Kerr Avenue, Suite 101, Oklahoma City, OK 73102 http://www.msc.fema.gov/lomc Apr. 26, 2016 400466 Tulsa City of Tulsa (15-06-0947P) The Honorable Dewey Bartlett, Jr., Mayor, City of Tulsa, 175 East 2nd Street, Tulsa, OK 74103 Development Services Department, Tulsa, OK 74103 http://www.msc.fema.gov/lomc Apr. 15, 2016 405381 Pennsylvania: Chester Township of Caln (15-03-1479P) The Honorable John Contento, President, Township of Caln Board of Commissioners, 253 Municipal Drive, Thorndale, PA 19372 Township Municipality Building, 253 Municipal Drive, Thorndale, PA 19372 http://www.msc.fema.gov/lomc Apr. 26, 2016 422247 Chester Borough of Downingtown (15-03-1479P) The Honorable Joshua Maxwell, Mayor, Borough of Downingtown, 4 West Lancaster Avenue, Downingtown, PA 19335 Borough Hall, 4 West Lancaster Avenue, Downingtown, PA 19335 http://www.msc.fema.gov/lomc Apr. 26, 2016 420275 Delaware Township of Haverford (15-03-2347P) The Honorable Lawrence J. Gentile, Manager, Township of Haverford, 2325 Darby Road, Havertown, PA 19083 Department of Community Development, 2325 Darby Road, Havertown, PA 19083 http://www.msc.fema.gov/lomc Mar. 14, 2016 420417 Lebanon Township of Heidelberg (15-03-0736P) The Honorable Paul Fetter, Chairman, Township of Heidelberg Board of Supervisors, 111 Mill Road, Schaefferstown, PA 17088 Township Hall, 111 Mill Road, Schaefferstown, PA 17088 http://www.msc.fema.gov/lomc Jun. 16, 2016 420969 Lebanon Township of Millcreek (15-03-0736P) The Honorable Donald R. Leibig, Chairman, Township of Millcreek Board of Supervisors, 81 East Alumni Avenue, Newmanstown, PA 17073 Planning and Zoning Department, 400 South 8th Street, Newmanstown, PA 17042 http://www.msc.fema.gov/lomc Jun. 16, 2016 420574 South Carolina: Charleston Town of Mount Pleasant (15-04-A378P) 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 May 11, 2016 455417 Charleston Unincorporated areas of Charleston County (15-04-A378P) The Honorable J. Elliott Summey, Chairman, Charleston County Board of Commissioners, 4045 Bridgeview Drive, Suite B254, North Charleston, SC 29405 Charleston County Building, Inspection Services Department, 4045 Bridgeview Drive, Suite A311, North Charleston, SC 29405 http://www.msc.fema.gov/lomc May 11, 2016 455413 Greenville Unincorporated areas of Greenville County (15-04-5639P) The Honorable Bob Taylor, Chairman, Greenville County Council, 301 University Ridge, Suite 2400, Greenville, SC 29601 Greenville County, Planning and Code Compliance Department, 301 University Ridge, Suite 4100, Greenville, SC 29601 http://www.msc.fema.gov/lomc Mar. 18, 2016 450089 Lexington Unincorporated areas of Lexington County (15-04-7104P) The Honorable Johnny W. Jeffcoat, Chairman, Lexington County Board of Commissioners, 212 South Lake Drive, Suite 601, Lexington, SC 29072 Lexington County, Planning Department, 212 South Lake Drive, Suite 302, Lexington, SC 29072 http://www.msc.fema.gov/lomc Apr. 29, 2016 450129 York City of Rock Hill (15-04-2163P) The Honorable Doug Echols, Mayor, City of Rock Hill, 155 Johnston Street, Suite 210, Rock Hill, SC 29730 City Hall, 155 Johnston Street, Suite 300, Rock Hill, SC 29730 http://www.msc.fema.gov/lomc Mar. 29, 2016 450196 York Unincorporated areas of York County (15-04-2163P) The Honorable J. Britt Blackwell, Chairman, York County Council, 6 South Congress Street, York, SC 29745 York County, Heckle Complex, 1070 Heckle Boulevard, Suite 107, York, SC 29732 http://www.msc.fema.gov/lomc Mar. 29, 2016 450193 Tennessee: Fayette Town of Oakland (15-04-9364P) The Honorable Chris Goodman, Mayor, Town of Oakland, P.O. Box 56, Oakland, TN 38060 Building Department, 75 Clay Street, Oakland, TN 38060 http://www.msc.fema.gov/lomc Mar. 31, 2016 470418 Fayette Unincorporated areas of Fayette County (15-04-9364P) The Honorable Rhea, Taylor Mayor, Fayette County, P.O. Box 218, Somerville, TN 38068 Fayette County, Planning and Development Department, 16265 U.S. Highway 64, Somerville, TN 38068 http://www.msc.fema.gov/lomc Mar. 31, 2016 470352 Texas: Bell City of Belton (15-06-2989P) The Honorable Marion Grayson, Mayor, City of Belton, P.O. Box 120, Belton, TX 76513 City Hall, 333 Water Street, Belton, TX 76513 http://www.msc.fema.gov/lomc Apr. 29, 2016 480028 Bexar Unincorporated areas of Bexar County (15-06-1291P) The Honorable Nelson W. Wolff, Bexar County Judge, Paul Elizondo Tower, 101 West Nueva Street, 10th Floor, San Antonio, TX 78205 Bexar County, Public Works Department, 233 North Pecos-La Trinidad Street, Suite 420, San Antonio, TX 78207 http://www.msc.fema.gov/lomc Mar. 30, 2016 480035 Cooke City of Gainesville (14-06-4582P) The Honorable Jim Goldsworthy, Mayor, City of Gainesville, 200 South Rusk Street, Gainesville, TX 76240 Community Services Department, 104 West Hird Street, Gainesville, TX 76240 http://www.msc.fema.gov/lomc Apr. 27, 2016 480154 Dallas City of Carrollton (15-06-4000P) The Honorable Matthew, Marchant Mayor, City of Carrollton, 1945 East Jackson Road, Carrollton, TX 75006 Engineering Department, 1945 East Jackson Road, Carrollton, TX 75006 http://www.msc.fema.gov/lomc Apr. 18, 2016 480167 Dallas City of Irving (15-06-1807P) The Honorable Beth Van Duyne, Mayor, City of Irving, 825 West Irving Boulevard, Irving, TX 75060. Capital Improvement Program Department, Engineering Section, 825 West Irving Boulevard, Irving, TX 75060. http://www.msc.fema.gov/lomc May 16, 2016 480180 Kaufman City of Terrell (15-06-2277P) The Honorable Hal Richards, Mayor, City of Terrell, 201 East Nash Street, Terrell, TX 75160 Engineering Department, 201 East Nash Street, Terrell, TX 75160 http://www.msc.fema.gov/lomc Apr. 1, 2016 480416 Kaufman Unincorporated areas of Kaufman County (15-06-2277P) The Honorable Bruce Wood, Kaufman, County Judge, 100 West Mulberry, Kaufman, TX 75142 Kaufman County, Public Works Department, 3003 South Washington, Kaufman, TX 75142. http://www.msc.fema.gov/lomc Apr. 1, 2016 480411 Montgomery Unincorporated areas of Montgomery County (15-06-2891P) The Honorable Craig B. Doyal, Montgomery County Judge, 501 North Thompson, Suite 401, Conroe, TX 77301 Montgomery County, Permitting Department, 501 North Thompson, Suite 100, Conroe, TX 77301 http://www.msc.fema.gov/lomc May 13, 2016 480483 Waller and Harris City of Katy (15-06-1824P) The Honorable Fabol R. Hughes, Mayor, City of Katy, P.O. Box 617, Katy, TX 77493 City Hall, 910 Avenue C, Katy, TX 77493 http://www.msc.fema.gov/lomc Apr. 22, 2016 480301 Williamson City of Cedar Park (15-06-3037P) The Honorable Matthew Powell, Mayor, City of Cedar Park, 450 Cypress Creek Road, Cedar Park, TX 78613 Public Works Department, 2401 Brushy Creek Loop, Cedar Park, TX 78613 http://www.msc.fema.gov/lomc Mar. 31, 2016 481282 Williamson Unincorporated areas of Williamson County (15-06-3037P) The Honorable Dan A. Gattis, Williamson County Judge, 710 South Main Street, Suite 101, Georgetown, TX 78626 Williamson County, Engineer's Office, 3151 Southeast Inner Loop, Suite B, Georgetown, TX 78626 http://www.msc.fema.gov/lomc Mar. 31, 2016 481079 Virginia: Fauquier Unincorporated areas of Fauquier County (15-03-1168P) The Honorable Chester W. Stribling, Chairman, Fauquier County, Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186 Fauquier County, Department of Community Development, 29 Ashby Street, Suite 310, Warrenton, VA 20186 http://www.msc.fema.gov/lomc Apr. 28, 2016 510055 Montgomery Unincorporated areas of Montgomery County (14-03-0497P) The Honorable Bill Brown, Chairman, Montgomery County Board of Supervisors, 755 Roanoke Street, Suite 2E, Christiansburg, VA 24073 Montgomery County, Planning Department, 755 Roanoke Street, Suite 2A, Christiansburg, VA 24073 http://www.msc.fema.gov/lomc May 5, 2016 510099
    [FR Doc. 2016-07080 Filed 3-28-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4256-DR; Docket ID FEMA-2016-0001] Oklahoma; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4256-DR), dated February 10, 2016, and related determinations.

    DATES:

    Effective: March 17, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of February 10, 2016.

    Ottawa County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2016-07082 Filed 3-28-16; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2014-0022] Technical Mapping Advisory Council AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee Management; Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) Technical Mapping Advisory Council (TMAC) will meet via conference call on April 14 and 15, 2016. The meeting will be open to the public.

    DATES:

    The TMAC will meet via conference call on Thursday, April 14, 2016 from 10:00 a.m. to 5:00 p.m. Eastern Daylight Time (E.D.T), and on Friday, April 15, 2016 from 10:00 a.m. to 5:00 p.m. E.D.T. Please note that the meeting will close early if the TMAC has completed its business.

    ADDRESSES:

    For information on how to access to the conference call, information on services for individuals with disabilities, or to request special assistance for the meeting, contact the person listed in FOR FURTHER INFORMATION CONTACT below as soon as possible. Members of the public who wish to dial in for the meeting must register in advance by sending an email to [email protected] (attention Kathleen Boyer) by 11 a.m. E.D.T. on Tuesday, April 12, 2016.

    To facilitate public participation, members of the public are invited to provide written comments on the issues to be considered by the TMAC, as listed in the “Supplementary Information” section below. The Agenda and other associated material will be available for review at www.fema.gov/TMAC by Friday, April 8, 2016. Written comments to be considered by the committee at the time of the meeting must be received by Tuesday, April 12, 2016, identified by Docket ID FEMA-2014-0022, and submitted by one of the following methods:

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

    Email: Address the email TO: [email protected] and CC: [email protected] Include the docket number in the subject line of the message. Include name and contact detail in the body of the email.

    Mail: Regulatory Affairs Division, Office of Chief Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.

    Instructions: All submissions received must include the words “Federal Emergency Management Agency” and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. Docket: For docket access to read background documents or comments received by the TMAC, go to http://www.regulations.gov and search for the Docket ID FEMA-2014-0022.

    A public comment period will be held on April 14, 2016, from 11:00-11:20 a.m. and April 15, 2016 from 11:00-11:20 a.m. E.D.T. Speakers are requested to limit their comments to no more than two minutes. Each public comment period will not exceed 20 minutes. Please note that the public comment periods may end before the time indicated, following the last call for comments. Contact the individual listed below to register as a speaker by close of business on Tuesday, April 12, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Kathleen Boyer, Designated Federal Officer for the TMAC, FEMA, 1800 South Bell Street Arlington, VA 22202, telephone (202) 646-4023, and email [email protected] The TMAC Web site is: http://www.fema.gov/TMAC.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    As required by the Biggert-Waters Flood Insurance Reform Act of 2012, the TMAC makes recommendations to the FEMA Administrator on: (1) How to improve, in a cost-effective manner, the (a) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (b) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2) mapping standards and guidelines for (a) flood insurance rate maps, and (b) data accuracy, data quality, data currency, and data eligibility; (3) how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification; (4) procedures for delegating mapping activities to State and local mapping partners; and (5) (a) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination, and (b) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies. Furthermore, the TMAC is required to submit an Annual Report to the FEMA Administrator that contains: (1) A description of the activities of the Council; (2) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update Flood Insurance Rate Maps; and (3) a summary of recommendations made by the Council to the FEMA Administrator.

    Further, in accordance with the Homeowner Flood Insurance Affordability Act of 2014, the TMAC must develop a review report related to flood mapping in support of the National Flood Insurance Program (NFIP).

    Agenda: On April 14 and 15, 2016, the TMAC will review draft recommendations for the 2016 Technical Review Report to evaluate the FEMA Flood Mapping Program. The TMAC will also continue to discuss potential recommendations and will review draft recommendations to be included in the required 2016 TMAC annual report. A brief public comment period will take place at the beginning of the meeting each day. A more detailed agenda will be posted by April 8, 2016, at http://www.fema.gov/TMAC.

    Dated: March 15, 2016. Roy E. Wright, Deputy Associate Administrator, for Insurance and Mitigation, Federal Emergency Management Agency.
    [FR Doc. 2016-06986 Filed 3-28-16; 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-1608] 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: March 10, 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. Arizona: Maricopa City of Peoria (15-09-2060P) The Honorable Cathy Carlat Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345 City Hall 8401, West Monroe Street, Peoria, AZ 85345 http://www.msc.fema.gov/lomc Apr. 29, 2016 040050 Pima Unincorporated areas of Pima County (15-09-1650P) The Honorable Sharon Bronson Chair, Board of Supervisors, Pima County, 130 West Congress Street, 10th Floor, Tucson, AZ 85701 Pima County Flood Control District, 210 North Stone Avenue, 9th Floor, Tucson, AZ 85701 http://www.msc.fema.gov/lomc Apr. 15, 2016 040073 Pima City of Tucson (15-09-2298P) The Honorable Jonathan Rothschild, Mayor, City of Tucson, City Hall, 255 West Alameda Street, 10th Floor, Tucson, AZ 85701 Pima County Flood Control District, 210 North Stone Avenue, 9th Floor, Tucson, AZ 85701 http://www.msc.fema.gov/lomc Jun. 13, 2016 040076 Yavapai Unincorporated areas of Yavapai County (15-09-1727P) The Honorable Craig Brown, Chairman, Board of Supervisors, Yavapai County, 1015 Fair Street, Prescott, AZ 86305 Yavapai County Flood Control District Office, 1120 Commerce Drive, Prescott, AZ 86305 http://www.msc.fema.gov/lomc. May 27, 2016 040093 California: Riverside City of Corona (15-09-1832P) The Honorable Eugene Montanez, Mayor, City of Corona, 400 South Vicentia Avenue, Corona, CA 92882 City Hall, 400 South Vicentia Avenue, Corona, CA 92882 http://www.msc.fema.gov/lomc Mar. 31, 2016 060250 Riverside Unincorporated areas of Riverside County (15-09-1832P) The Honorable Marion Ashley, Chairman, Board of Supervisors, Riverside County, 4080 Lemon Street, 5th Floor, Riverside, CA 92501 Riverside County Flood Control and Water Conservation District, 1995 Market Street, Riverside, CA 92501 http://www.msc.fema.gov/lomc Mar. 31, 2016 060245 Riverside City of Moreno Valley (15-09-1728P) The Honorable Tom Owings, Mayor, City of Moreno Valley, 14177 Frederick Street, Moreno Valley, CA 92552 City Hall, 14177 Frederick Street, Moreno Valley, CA 92552 http://www.msc.fema.gov/lomc May 26, 2016 065074 Riverside City of Perris (15-09-1728P) The Honorable Daryl R. Busch, Mayor, City of Perris, 101 North D Street, Perris, CA 92570 City Hall, 101 North D Street, Perris, CA 92570 http://www.msc.fema.gov/lomc May 26, 2016 060258 Sacramento Unincorporated areas of Sacramento County (15-09-2246P) The Honorable Phil Serna, Chairman, Board of Supervisors, Sacramento County, 700 H Street, Suite 2450, Sacramento, CA 95814 Municipal Services Agency, Department of Water Resources, 827 7th Street, Suite 301, Sacramento, CA 95814 http://www.msc.fema.gov/lomc Mar. 21, 2016 060262 San Diego City of El Cajon (15-09-1699P) The Honorable Bill Wells, Mayor, City of El Cajon, 200 Civic Center Way, El Cajon, CA 92020 City Hall, 200 Civic Center Way, El Cajon, CA 92020 http://www.msc.fema.gov/lomc Apr. 8, 2016 060289 Nevada: Clark Unincorporated areas of Clark County (15-09-2566P) The Honorable Steve Sisolak, Chairman, Board of Supervisors, Clark County, 500 South Grand Central Parkway, 6th Floor, Las Vegas, NV 89106 Office of the Director of Public Works, 500 South Grand Central Parkway, Las Vegas, NV 89155 http://www.msc.fema.gov/lomc May 19, 2016 320003 Clark Unincorporated areas of Clark County (16-09-0035P) The Honorable Steve Sisolak, Chairman, Board of Supervisors, Clark County, 500 South Grand Central Parkway, 6th Floor, Las Vegas, NV 89106 Office of the Director of Public Works, 500 South Grand Central Parkway, Las Vegas, NV 89155 http://www.msc.fema.gov/lomc May 10, 2016 320003 Douglas Unincorporated areas of Douglas County (15-09-0074P) The Honorable Doug N. Johnson, Chairman, Board of Supervisors Douglas County, P.O. Box 218, Minden, NV 89423 Douglas County Public Works Department, 1615 8th Street, Minden, NV 89423 http://www.msc.fema.gov/lomc May 26, 2016 320008 Washoe City of Reno (16-09-0377X) The Honorable Hillary Schieve, Mayor, City of Reno, 1 East 1st Street, Reno, NV 89501 City Hall Annex 450 Sinclair Street Reno, NV 89501 http://www.msc.fema.gov/lomc May 25, 2016 320020
    [FR Doc. 2016-07081 Filed 3-28-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5937-FA-01] Announcement of Tenant Protection Voucher Funding Awards for Fiscal Year 2015 for the Housing Choice Voucher Program AGENCY:

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

    ACTION:

    Announcement of fiscal year 2015 funding awards.

    SUMMARY:

    In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this document notifies the public of Tenant Protection Voucher (TPV) funding awards for Fiscal Year (FY) 2015 to public housing agencies (PHAs) under the Section 8 Housing Choice Voucher Program (HCVP). The purpose of this notice is to publish the names and addresses of awardees, and the amounts of their non-competitive funding awards for assisting households affected by housing conversion actions, public housing relocations and replacements, moderate rehabilitation replacements, and HOPE VI relocations.

    FOR FURTHER INFORMATION CONTACT:

    Milan Ozdinec, Deputy Assistant Secretary, Office of Housing Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4204, Washington, DC 20410-5000, telephone (202) 402-1380. Hearing- or speech-impaired individuals may call HUD's TTY number at (800) 927-7589. (Only the “800” telephone number is toll-free.)

    SUPPLEMENTARY INFORMATION:

    The regulations governing the HCVP are published at 24 CFR 982. The purpose of this rental assistance program is to assist eligible families to pay their rent for decent, safe, and sanitary housing. The regulations for allocating housing assistance budget authority under Section 213(d) of the Housing and Community Development Act of 1974 are published at 24 CFR part 791, subpart D.

    The FY 2015 awardees announced in this notice were provided HCVP tenant protection vouchers (TPVs) funds on an as-needed, non-competitive basis. TPV awards made to PHAs for program actions that displace families living in public housing were made on a first-come, first-served basis in accordance with PIH Notice 2007-10, “Voucher Funding in Connection with the Demolition or Disposition of Occupied Public Housing Units,” 1 and PIH Notice 2015-03, “Implementation of the Federal Fiscal Year 2015 Funding Provision for the Housing Choice Voucher Program.” 2 Awards for the Rental Assistance Demonstration (RAD) were provided for Rental Supplement and Rental Assistance Payment Projects (RAD—Second Component) consistent with PIH Notice 2012-32 (HA), REV-2, “Rental Assistance Demonstration—Final Implementation, Revision 2.” 3 Announcements of awards provided under the NOFA process for Mainstream, Designated Housing, Family Unification (FUP), and Veterans Assistance Supportive Housing (VASH) programs will be published in a separate Federal Register notice.

    1 PIH Notice 2007-10 is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_11380.pdf.

    2 PIH Notice 2015-03 is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=15-03pihn.pdf.

    3 PIH Notice 2012-32 (HA), REV-2 is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=PIHNotice_2012-32_062015.pdf.

    Awards published under this notice were provided: (1) To assist families living in HUD-owned properties that are being sold; (2) to assist families affected by the expiration or termination of their Project-based Section 8 and Moderate Rehabilitation contracts; (3) to assist families in properties where the owner has prepaid the HUD mortgage; (4) to assist families in projects where the Rental Supplement and Rental Assistance Payments contracts are expiring (RAD—Second Component); (5) to provide relocation housing assistance in connection with the demolition of public housing; (6) to provide replacement housing assistance for single room occupancy (SRO) units that fail housing quality standards (HQS); (7) to assist families in public housing developments that are scheduled for demolition in connection with a HUD-approved HOPE VI revitalization or demolition grant; and (8) to assist families consistent with PIH Notice 2014-13, “Funding for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas—2014 Appropriations Act” 4 and PIH Notice 2015-07, “Funding Availability for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas—Fiscal Year 2015.” 5

    4 PIH Notice 2014-13 is available at: httpy://portal.hud.gov/hudportal/documents/huddoc?id=pih2014-13.pdf.

    5 PIH Notice 2015-07 is available at: http://portal.hud.gov/hudportal/documents/huddoc?id=PIH2015-07.pdf.

    A special administrative fee of $200 per occupied unit was provided to PHAs to compensate for any extraordinary HCVP administrative costs associated with Multifamily Housing conversion actions.

    The Department awarded total new budget authority of $96,743,318 to recipients under all of the above-mentioned categories for 16,515 housing choice vouchers. This budget authority includes $2,312,058 of unobligated commitments made in FY 2014. These funds were reserved by September 30, 2014, but not contracted until FY 2015, and thus have been included with obligated commitments for FY 2015. In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is publishing the names and addresses of awardees, and their award amounts in Appendix A.

    The awardees are listed alphabetically by State and then by PHA name.

    Dated: March 18, 2016. Lourdes Castro Ramirez, Principal Deputy Assistant Secretary for Public and Indian Housing. Appendix A Section 8 Rental Assistance Programs (TPV) Announcement of Awards for Fiscal Year 2015 Housing agency Address Units Award Special Fees Awarded Related to TPVs Special Fees—At-Risk Households CA: CITY OF ANAHEIM HOUSING AUTHORITY 201 S. ANAHEIM BLVD., STE. 200, ANAHEIM, CA 92805 0 $25,600 MA: BOSTON HOUSING AUTHORITY 52 CHAUNCY STREET, BOSTON, MA 02111 0 8,000 MA: QUINCY HOUSING AUTHORITY 80 CLAY STREET, QUINCY, MA 02170 0 21,400 MA: PLYMOUTH HOUSING AUTHORITY P.O.B. 3537, PLYMOUTH, MA 02361 0 8,400 MI: MICHIGAN STATE HSG. DEV. AUTH P.O. BOX 30044, LANSING, MI 48909 0 13,400 MN: ST. PAUL PHA 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 55102 0 2,200 MO: ST. LOUIS COUNTY HOUSING AUTHORITY 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 0 37,200 Total for Special Fees—At-Risk Households 0 116,200 Special Fees—Opt-Outs/Terminations AR: MISSISSIPPI COUNTY PUB FACIL BOARD 810 WEST KEISER, OSCEOLA, AR 72370 0 1,600 CA: COUNTY OF SAN BERNARDINO HSG AUTH 715 E. BRIER DRIVE, SAN BERNARDINO, CA 92408 0 6,000 CA: CITY OF POMONA 505 S. GAREY AVENUE, P.O. BOX 660, POMONA, CA 91769 0 1,000 CA: CITY OF OCEANSIDE COMM DEV COMM 300 NORTH COAST HIGHWAY, NEVADA STREET ANNEX, OCEANSIDE, CA 92054 0 2,200 CO: HA OF THE CITY AND COUNTY OF DENVER 777 GRANT STREET, DENVER, CO 80203 0 23,600 CT: WATERBURY HOUSING AUTHORITY 2 LAKEWOOD ROAD, WATERBURY, CT 06704 0 2,400 CT: CONNECTICUT DEPT OF HOUSING 505 HUDSON STREET, HARTFORD, CT 06106 0 5,600 DC: D.C. HOUSING AUTHORITY 1133 NORTH CAPITOL STREET NE., WASHINGTON, DC 20002 0 58,200 FL: HA TAMPA 1514 UNION ST., P.O. BOX 4766, TAMPA, FL 33607 0 10,400 FL: MIAMI DADE HOUSING AUTHORITY 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 33136 0 800 FL: ORANGE CO SECTION 8 525 EAST SOUTH STREET, P.O. BOX 38, ORLANDO, FL 32801 0 3,600 GA: HA MACON P.O. BOX 4928, 2015 FELTON AVENUE, MACON, GA 31208 0 22,400 IA: SOUTHERN IOWA REG HSG AUTHORITY 219 N. PINE, CRESTON, IA 50801 0 6,400 ID: IDAHO HOUSING AND FINANCE ASSO 565 W. MYRTLE STREET, P.O. BOX 7899, BOISE, ID 83707 0 1,400 KS: KANSAS CITY HOUSING AUTHORITY 1124 NORTH NINTH STREET, KANSAS CITY, KS 66101 0 21,600 MD: H AUTHORITY OF BALTIMORE CITY 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 0 7,600 MD: HSG AUTH PRINCE GEORGE'S COUNTY 9200 BASIL COURT, 5TH FLOOR, LARGO, MD 20774 0 5,800 MD: HOWARD COUNTY HOUSING COMMISSION 6751 COLUMBIA GATEWAY DRIVE, 3RD FLOOR, COLUMBIA, MD 21046 0 12,200 MN: METROPOLITAN COUNCIL HRA 390 ROBERT STREET, NORTH, ST. PAUL, MN 55101 0 9,600 ND: STUTSMAN COUNTY HOUSING AUTHORITY 217 1ST AVENUE N., JAMESTOWN, ND 58401 0 600 ND: HOUSING AUTHORITY OF FOSTER COUNTY 55 16TH AVE. SOUTH, CARRINGTON, ND 58421 0 4,200 ND: MCHENRY/PIERCE COUNTY H AUTH 108 BURDICK EXPRESSWAY, MINOT, ND 58701 0 1,400 NH: KEENE HOUSING AUTHORITY 831 COURT STREET, KEENE, NH 03431 0 3,600 NM: BERNALILLO COUNTY HSG DEPT 1900 BRIDGE BLVD. SW., ALBUQUERQUE, NM 87105 0 8,000 OH: HENRY MHA 1044 CHELSEA AVE., NAPOLEON, OH 43545 0 6,000 OK: OKLAHOMA HOUSING FINANCE AGENCY P.O. BOX 26720, 100 NW. 63RD ST., SUITE 200, OKLAHOMA CITY, OK 73126 0 19,200 PA: ALLENTOWN HOUSING AUTHORITY 1339 ALLEN STREET, ALLENTOWN, PA 18102 0 4,000 PA: JOHNSTOWN HOUSING AUTHORITY 501 CHESTNUT ST., P.O. BOX 419, JOHNSTOWN, PA 15907 0 3,600 RQ: PUERTO RICO HOUSING FINANCE CORP CALL BOX 71361—GPO, SAN JUAN, PR 00936 0 15,200 SC: CITY OF SPARTANBURG H/A P.O. BOX 2828, SPARTANBURG, SC 29304 0 4,000 TN: MEMPHIS HOUSING AUTHORITY P.O. BOX 3664, MEMPHIS, TN 38103 0 4,400 TN: METROPOLITAN DEVE & HSG AGNCY 701 SOUTH SIXTH STREET, P.O. BOX 846, NASHVILLE, TN 37202 0 22,000 TX: HOUSING AUTHORITY OF EL PASO 5300 PAISANO, EL PASO, TX 79905 0 1,200 TX: CORPUS CHRISTI HOUSING AUTHORITY 3701 AYERS STREET, CORPUS CHRISTI, TX 78415 0 13,200 TX: HOUSING AUTHORITY OF WACO 4400 COBBS DRIVE, WACO, TX 76703 0 19,200 TX: GRAND PRAIRIE HSNG & COMM DEV P.O. BOX 534045, 201 NW. 2ND. ST., SUITE 150, GRAND PRAIRIE, TX 75053 0 17,000 WA: SEATTLE HOUSING AUTHORITY 120 SIXTH AVENUE NORTH, P.O. BOX 19028, SEATTLE, WA 98109 0 400 WA: KING COUNTY HOUSING AUTHORITY 600 ANDOVER PARK WEST, SEATTLE, WA 98188 0 8,000 WA: HOU AUTHORITY OF SNOHOMISH COUNTY 12625 4TH AVE. W., SUITE 200, EVERETT, WA 98204 0 8,800 WI: DUNN COUNTY HA 1421 STOUT ROAD, MENOMONIE, WI 54751 0 1,200 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 0 1,000 WV: PARKERSBURG HOUSING AUTHORITY 1901 CAMERON AVENUE, PARKERSBURG, WV 26101 0 5,000 WV: JACKSON HOUSING AUTHORITY WHISPERING WAY—TANGLEWOOD VILL, RIPLEY, WV 25271 0 600 WY: H AUTH OF THE CITY OF CHEYENNE 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 0 1,800 Total for Special Fees—Opt-Outs/Terminations 0 376,000 Special Fees—Prepays AR: FORT SMITH 2100 NORTH 31ST STREET, FORT SMITH, AR 72904 0 13,000 CA: SAN FRANCISCO HSG AUTH 1815 EGBERT AVE., SAN FRANCISCO, CA 94124 0 31,200 CA: OAKLAND HOUSING AUTHORITY 1619 HARRISON ST., OAKLAND, CA 94612 0 8,800 CA: TULARE COUNTY HOUSING AUTH 5140 W. CYPRESS AVE., P.O. BOX 791, VISALIA, CA 93279 0 2,400 CA: CITY OF LONG BEACH HSG AUTH 521 E. 4TH STREET, LONG BEACH, CA 90802 0 58,600 CA: CITY OF SANTA MONICA 1901 MAIN ST., STE. A, SANTA MONICA, CA 90405 0 15,000 CO: LOVELAND HOUSING AUTHORITY 375 W. 37TH ST., #200, LOVELAND, CO 80538 0 14,200 IL: CHICAGO HOUSING AUTHORITY 60 EAST VAN BUREN ST., 11TH FLOOR, CHICAGO, IL 60605 0 45,800 IL: HOUSING AUTHORITY OF COOK COUNTY 175 WEST JACKSON BOULEVARD, SUITE 350, CHICAGO, IL 60604 0 64,800 IL: ELGIN HA 120 SOUTH STATE STREET, ELGIN, IL 60123 0 1,400 IL: DUPAGE COUNTY HOUSING AUTHORITY 711 EAST ROOSEVELT ROAD, WHEATON, IL 60187 0 8,400 IN: EAST CHICAGO HA 4920 LARKSPUR DR., P.O. BOX 498, EAST CHICAGO, IN 46312 0 600 KY: LEXINGTON FAYETTE URBAN HOUSING 300 NEW CIRCLE ROAD, LEXINGTON, KY 40505 0 8,000 KY: PADUCAH HOUSING AUTHORITY 300 SOUTH FIFTH STREET, POST OFFICE BOX 2267, PADUCAH, KY 42002 0 8,400 MA: CAMBRIDGE HOUSING AUTHORITY 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 02139 0 60,000 MA: QUINCY HOUSING AUTHORITY 80 CLAY STREET, QUINCY, MA 02170 0 67,000 MA: BROOKLINE HOUSING AUTHORITY 90 LONGWOOD AVE, BROOKLINE, MA 02146 0 20,000 MD: HOU AUTHORITY OF BALTIMORE CITY 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 0 9,600 MN: ST PAUL PHA 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 55102 0 4,000 MS: MISS REG HA II P.O. BOX 1887, OXFORD, MS 38655 0 14,600 MT: MT DEPARTMENT OF COMMERCE P.O.B. 200545, 301 S. PARK, HELENA, MT 59620 0 6,000 NJ: LAKEWOOD HOUSING AUTHORITY 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 0 14,400 NY: TOWN OF AMHERST C/O BELMONT HOUSING RESOURCES, 1195 MAIN STREET, BUFFALO, NY 14209 0 49,200 NY: THE CITY OF NEW YORK DEPT OF HSG 501, NEW YORK, NY 10038 0 60,000 OH: TRUMBULL MHA 4076 YOUNGSTOWN ROAD SE., WARREN, OH 44484 0 13,200 OH: LORAIN MHA 1600 KANSAS AVENUE, LORAIN, OH 44052 0 6,400 OH: MEDINA MHA 850 WALTER ROAD, MEDINA, OH 44256 0 10,600 PA: HOUSING AUTH CO OF LAWRENCE 481 NESHANNOCK AVE., P.O. BOX 988, NEW CASTLE, PA 16103 0 200 PA: FRANKLIN CITY HOUSING AUTHORITY 1212 CHESTNUT STREET, FRANKLIN, PA 16323 0 4,800 VA: NEWPORT NEWS REDEVELOPMENT & HA P.O. BOX 797, NEWPORT NEWS, VA 23607 0 18,600 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 0 3,000 Total for Special Fees—Prepays. 0 642,200 Special Fees—RAD Conversions CA: CITY OF LONG BEACH HSG AUTH 521 E. 4TH STREET, LONG BEACH, CA 90802 0 27,800 IL: DECATUR HOUSING AUTHORITY 1808 EAST LOCUST STREET, DECATUR, IL 62521 0 21,800 IL: HOUSING AUTHORITY OF JOLIET 6 SOUTH BROADWAY STREET, JOLIET, IL 60436 0 35,200 IL: MENARD COUNTY HOUSING AUTHORITY 101 W. SHERIDAN ROAD, PETERSBURG, IL 62675 0 15,600 IL: KANKAKEE COUNTY HOUSING AUTHORITY 185 NORTH ST. JOSEPH AVENUE, KANKAKEE, IL 60901 0 23,800 IL: WINNEBAGO COUNTY H AUTHORITY 3617 DELAWARE STREET, ROCKFORD, IL 61102 0 22,200 IL: AURORA HOUSING AUTHORITY 1630 WEST PLUM STREET, AURORA, IL 60506 0 102,000 LA: SHREVEPORT HSG AUTHORITY 2500 LINE AVENUE, SHREVEPORT, LA 71104 0 3,600 MA: BOSTON HOUSING AUTHORITY 52 CHAUNCY STREET, BOSTON, MA 02111 0 11,800 MA: CAMBRIDGE HOUSING AUTHORITY 675 MASSACHUSETTS  AVENUE, CAMBRIDGE, MA 02139 0 62,600 MA: WORCESTER HOUSING AUTHORITY 40 BELMONT STREET, WORCESTER, MA 01605 0 230,800 MA: BROOKLINE HOUSING AUTHORITY 90 LONGWOOD AVE., BROOKLINE, MA 02146 0 20,000 MA: SALEM HOUSING AUTHORITY 27 CHARTER STREET, SALEM, MA 01970 0 50,000 MA: COMM DEV PROG COMM OF MA. E.O.C.D 100 CAMBRIDGE STREET, BOSTON, MA 02114 0 79,000 MD: BALTIMORE CO. HOUSING OFFICE 6401 YORK ROAD, 1ST FLOOR, BALTIMORE, MD 21212 0 36,400 MI: MICHIGAN STATE HSG. DEV. AUTH P.O. BOX 30044, LANSING, MI 48909 0 53,000 NJ: NEWARK HOUSING AUTHORITY 500 BROAD STREET, NEWARK, NJ 07102 0 18,600 NJ: JERSEY CITY HOUSING AUTHORITY 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 0 58,800 NJ: PATERSON HOUSING AUTHORITY 60 VAN HOUTEN STREET, PATERSON, NJ 07505 0 95,600 NJ: RAHWAY HOUSING AUTHORITY 165 GRAND AVENUE, RAHWAY, NJ 07065 0 3,800 NJ: LAKEWOOD HOUSING AUTHORITY 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 0 4,800 NJ: MIDDLETOWN HOUSING AUTHORITY 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 07748 0 16,400 NJ: NEW JERSEY DEPARTMENT OF COMMUNITY 101 SOUTH BROAD STREET, POST OFFICE BOX 051, TRENTON, NJ 08625 0 143,800 NY: ALBANY HOUSING AUTHORITY 200 SOUTH PEARL, ALBANY, NY 12202 0 24,800 NY: HA OF ROCHESTER 675 WEST MAIN STREET, ROCHESTER, NY 14611 0 56,200 NY: THE CITY OF NEW YORK 501, NEW YORK, NY 10038 0 105,000 NY: CITY OF POUGHKEEPSIE MUNICIPAL BLDG MEMORIAL SQUARE, P.O. BOX 300, POUGHKEEPSIE, NY 12602 0 27,200 NY: NYS HSG TRUST FUND CORPORATION 38-40 STATE STREET, ALBANY, NY 12207 0 234,000 PA: ALLEGHENY COUNTY H AUTHORITY 625 STANWIX ST., 12TH FLOOR, PITTSBURGH, PA 15222 0 30,400 VA: FAIRFAX CO RED AND HNG AUTHORITY 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 22030 0 21,600 VA: ARLINGTON CO DEPT OF HUMAN 2100 WASHINGTON BLVD., ARLINGTON, VA 22204 0 8,400 WI: RACINE COUNTY HA 837 MAIN STREET, RACINE, WI 53403 0 15,600 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 0 14,200 Total for Special Fees—RAD Conversions 0 1,674,800 Special Fees—Relocation—Rent Supplement MA: FALL RIVER HSG AUTHORITY 85 MORGAN ST., P.O. BOX 989, FALL RIVER, MA 02722 0 5,600 MA: ATTLEBORO HSG AUTHORITY 37 CARLON ST., ATTLEBORO, MA 02703 0 20,000 MA: COMM DEV PROG COMM OF MA. E.O.C.D. 100 CAMBRIDGE STREET, BOSTON, MA 02114 0 22,400 NY: H AUTHORITY OF NORTH SYRACUSE 201-205A, NORTH SYRACUSE, NY 13212 0 2,400 Total for Special Fees—Relocation—Rent Supplement 0 50,400 Total for Special Fees for TPVs 0 2,859,600 Public Housing and Mod Rehab Replacements TPVs Mod Rehab Replacements CA: COUNTY OF SAN MATEO HSG AUTH 264 HARBOR BLVD., BLDG. A, BELMONT, CA 94002 130 1,607,674 CA: SAN DIEGO HOUSING COMMISSION 1122 BROADWAY, SUITE 300, SAN DIEGO, CA 92101 10 101,198 DC: D.C HOUSING AUTHORITY 1133 NORTH CAPITOL STREET NE., WASHINGTON, DC 20002 2 12,656 FL: MIAMI DADE HOUSING AUTHORITY 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 33136 67 621,524 MD: H AUTHORITY OF BALTIMORE CITY 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 33 282,645 MD: MARYLAND DEPT OF HSG & COMMUNITY 100 COMMUNITY PLACE, CROWNSVILLE, MD 21032 1 7,729 MO: ST. LOUIS COUNTY HOUSING AUTHORITY 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 7 44,101 MT: MT DEPARTMENT OF COMMERCE P.O.B. 200545, 301 S. PARK, HELENA, MT 59620 8 39,612 ND: RAMSEY COUNTY HOUSING AUTHORITY BOX 691, DEVILS LAKE, ND 58301 5 19,165 NJ: NEW JERSEY DEP OF COMMUNITY AFFAIRS 101 SOUTH BROAD STREET, POST OFFICE BOX 051, TRENTON, NJ 08625 95 939,096 NY: THE CITY OF NEW YORK 100 GOLD STREET, ROOM 501, NEW YORK, NY 10038 62 729,291 NY: CITY OF BUFFALO C/O RENTAL ASST CORP 470 FRANKLIN ST., BUFFALO, NY 14202 2 9,739 PA: WESTMORELAND COUNTY HSG AUTH R.D. #6, BOX 223, SOUTH GREENGATE RD., GREENSBURG, PA 15601 1 5,474 TN: HSG DEV AGENCY ELIZABETHTON P.O. BOX 637, ELIZABETHTON, TN 37644 9 38,292 UT: HA OF CITY OF OGDEN 1100 GRANT AVE., OGDEN, UT 84404 14 74,011 UT: HOUSING AUTHORITY OF SALT LAKE CITY 1776 SW. TEMPLE, SALT LAKE CITY, UT 84115 30 209,632 Total for Mod Rehab Replacements 476 4,741,839 Mod Rehab Replacements (RAD) MA: COMM DEV PROG COMM OF MA. E.O.C.D 100 CAMBRIDGE STREET, BOSTON, MA 02114 81 655,776 MA: COMM DEV PROG COMM OF MA. E.O.C.D 100 CAMBRIDGE STREET, BOSTON, MA 02114 94 259,361 Total for Mod Rehab Replacements for RAD 175 915,137 MTW Relocation/Replacement CO: BOULDER CITY HSG AUTH 4800 BROADWAY, BOULDER, CO 80304 95 337,479 GA: HA COLUMBUS GA GEN FUND ACCT CONSL P.O. BOX 630, COLUMBUS, GA 31902 340 953,227 MA: CAMBRIDGE HOUSING AUTHORITY 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 02139 297 574,672 WA: SEATTLE HOUSING AUTHORITY 120 SIXTH AVENUE NORTH P.O. BOX 19028, SEATTLE, WA 98109 109 5 Total for MTW Relocation/Replacement 841 1,865,383 Relocation—Sunset CT: ANSONIA HOUSING AUTHORITY 36 MAIN STREET, ANSONIA, CT 06401 16 61,772 Total for Relocation—Sunset 16 61,772 Replacement CA: CITY OF RICHMOND HSG AUTH 330 24TH ST., RICHMOND, CA 94808 101 885,274 CO: AURORA HOUSING AUTHORITY 10745 E KENTUCKY AVENUE, AURORA, CO 80012 65 256,170 CT: BRIDGEPORT HOUSING AUTHORITY 150 HIGHLAND AVENUE, BRIDGEPORT, CT 06604 225 1,001,242 CT: MERIDEN HOUSING AUTHORITY 22 CHURCH STREET, MERIDEN, CT 06450 23 57,316 CT: ANSONIA HOUSING AUTHORITY 36 MAIN STREET, ANSONIA, CT 06401 38 130,583 FL: HA WEST PALM BEACH GENERAL FUND 1715 DIVISION AVENUE, WEST PALM BEACH, FL 33407 49 294,826 IN: GARY HA 578 BROADWAY, GARY, IN 46402 45 52,340 MN: METROPOLITAN COUNCIL HRA 390 ROBERT STREET NORTH, ST. PAUL, MN 55101 98 196,421 NJ: CAMDEN HOUSING AUTHORITY 1300 ADMIRAL WILSON BLVD. P.O. BOX 1426, CAMDEN, NJ 08101 33 286,775 NY: THE MUNI HOUSING AUTHORITY CITY OF 1511 CENTRAL PARK AVE., P.O. BOX 35, YONKERS, NY 10710 35 284,571 NY: HA OF NEW ROCHELLE 50 SICKLES AVENUE, NEW ROCHELLE, NY 10801 52 378,957 TN: HA MURFREESBORO 415 NORTH MAPLE STREET, MURFREESBORO, TN 37130 110 181,676 VA: BRISTOL REDEVELOPMENT & HA 809 EDMOND STREET, BRISTOL, VA 24201 39 66,673 WA: HSG AUTHORITY OF SNOHOMISH COUNTY 12625 4TH AVE. W. SUITE 200, EVERETT, WA 98204 209 608,956 Total for Replacement 1,122 4,681,780 TPVs—HOPE VI CO: HSG AUT OF THE CITY AND COUNTY OF 777 GRANT STREET, DENVER, CO 80203 23 94,450 Total for TPVs—HOPE VI 23 94,450 Witness Relocation Assistance CT: MILFORD REDE & HOUSING PARTNERSHIP 75 DEMAIO DRIVE, P.O. BOX 291, MILFORD, CT 06460 1 17,070 Total for Witness Relocation Assistance 1 17,070 Total for Public Housing TPVs 2,654 12,377,431 Multifamily Housing TPVs Certain At-Risk Households Low Vacancy CA: CITY OF ANAHEIM HOUSING AUTHORITY 201 S. ANAHEIM BLVD., STE. 200, ANAHEIM, CA 92805 128 934,287 CT: CONNECTICUT DEPT OF HOUSING 505 HUDSON STREET, HARTFORD, CT 06106 0 103,348 FL: MIAMI DADE HOUSING AUTHORITY 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 33136 0 132,708 MA: PLYMOUTH HOUSING AUTHORITY P.O.B. 3537, PLYMOUTH, MA 02361 42 246,590 MI: MICHIGAN STATE HSG. DEV. AUTH P.O. BOX 30044, LANSING, MI 48909 67 313,035 MN: ST PAUL PHA 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 55102 11 71,773 MO: ST. LOUIS COUNTY HOUSING AUTHORITY 8865 NATURAL BRIDGE, ST. LOUIS, MO 63121 186 585,911 Total for Certain At-Risk Households Low Vacancy 434 2,387,652 New Housing Conversion Rent Supplement MA: FALL RIVER HSG AUTHORITY 85 MORGAN ST., P.O. BOX 989, FALL RIVER, MA 02722 28 96,303 MA: ATTLEBORO HSG AUTHORITY 37 CARLON ST., ATTLEBORO, MA 02703 100 757,125 MA: COMM DEV PROG COMM OF MA. E.O.C.D 100 CAMBRIDGE STREET, BOSTON, MA 02114 112 741,888 NY: HSG AUTHORITY OF NORTH SYRACUSE 201 SOUTH MAIN STREET, SUITE 205A, NORTH SYRACUSE, NY 13212 12 42,047 Total for New Housing Conversion Rent Supplement 252 1,637,363 Prepayment—RAD IL: HOUSING AUTHORITY OF JOLIET 6 SOUTH BROADWAY STREET, JOLIET, IL 60436 176 1,474,729 IL: MENARD COUNTY HOUSING AUTHORITY 101 W. SHERIDAN ROAD, PETERSBURG, IL 62675 78 228,815 IL: KANKAKEE COUNTY HOUSING AUTHORITY 185 NORTH ST. JOSEPH AVENUE, KANKAKEE, IL 60901 119 352,488 IL: WINNEBAGO COUNTY HSG AUTHORITY 3617 DELAWARE STREET, ROCKFORD, IL 61102 111 338,642 IL: AURORA HOUSING AUTHORITY 1630 WEST PLUM STREET, AURORA, IL 60506 510 2,348,397 MA: CAMBRIDGE HOUSING AUTHORITY 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 02139 313 2,469,645 MA: WORCESTER HOUSING AUTHORITY 40 BELMONT STREET, WORCESTER, MA 01605 1,154 8,192,477 MA: BROOKLINE HOUSING AUTHORITY 90 LONGWOOD AVE., BROOKLINE, MA 02146 100 1,075,404 MA: SALEM HOUSING AUTHORITY 27 CHARTER STREET, SALEM, MA 01970 250 2,589,090 MD: BALTIMORE CO. HSG OFFICE 6401 YORK ROAD, 1ST FLOOR, BALTIMORE, MD 21212 182 1,725,513 MI: MICHIGAN STATE HSG. DEV. AUTH. P.O. BOX 30044, LANSING, MI 48909 265 1,650,833 NJ: JERSEY CITY HOUSING AUTHORITY 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 195 775,564 NJ: MIDDLETOWN HOUSING AUTHORITY 2 OAKDALE DRIVE PLAZA, MIDDLETOWN, NJ 07748 82 439,489 NJ: NEW JERSEY DEP OF COMM AFFAIRS 101 SOUTH BROAD STREET, POST OFFICE BOX 051, TRENTON, NJ 08625 125 1,029,525 NY: HA OF ROCHESTER 675 WEST MAIN STREET, ROCHESTER, NY 14611 281 378,988 NY: THE CITY OF NEW YORK 100 GOLD STREET, ROOM 501, NEW YORK, NY 10038 525 3,193,344 NY: CITY OF POUGHKEEPSIE MUNICIPAL BLDG MEMORIAL SQUARE, P.O. BOX 300, POUGHKEEPSIE, NY 12602 136 497,556 NY: NYS HSG TRUST FUND CORPORATION 38-40 STATE STREET, ALBANY, NY 12207 1,163 5,297,303 VA: FAIRFAX CO RED AND HNG AUTHORITY 3700 PENDER DRIVE, SUITE 300, FAIRFAX, VA 22030 108 706,761 VA: ARLINGTON CO DEPT OF HUMAN 2100 WASHINGTON BLVD., ARLINGTON, VA 22204 42 244,115 WI: RACINE COUNTY HA 837 MAIN STREET, RACINE, WI 53403 78 195,460 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 71 175,534 Total for Prepayment—RAD 6,064 35,379,672 Pre-Payment Vouchers AR: FORT SMITH 2100 NORTH 31ST STREET, FORT SMITH, AR 72904 65 211,571 CA: SAN FRANCISCO HSG AUTH 1815 EGBERT AVE., SAN FRANCISCO, CA 94124 156 2,345,728 CA: OAKLAND HOUSING AUTHORITY 1619 HARRISON ST., OAKLAND, CA 94612 44 296,992 CA: TULARE COUNTY HOUSING AUTH 5140 W. CYPRESS AVE., P.O. BOX 791, VISALIA, CA 93279 12 79,173 CA: CITY OF LONG BEACH HSG AUTH 521 E. 4TH STREET, LONG BEACH, CA 90802 293 1,730,101 CA: CITY OF SANTA MONICA 1901 MAIN ST., STE. A, SANTA MONICA, CA 90405 75 308,892 CO: LOVELAND HOUSING AUTHORITY 375 W. 37TH ST, #200, LOVELAND, CO 80538 71 290,894 IL: CHICAGO HOUSING AUTHORITY 60 EAST VAN BUREN ST, 11TH FLOOR, CHICAGO, IL 60605 229 1,204,777 IL: HOUSING AUTHORITY OF COOK COUNTY 175 WEST JACKSON BOULEVARD, SUITE 350, CHICAGO, IL 60604 24 119,522 IL: ELGIN HA 120 SOUTH STATE STREET, ELGIN, IL 60123 7 44,685 IL: DUPAGE COUNTY HOUSING AUTHORITY 711 EAST ROOSEVELT ROAD, WHEATON, IL 60187 42 268,239 IN: EAST CHICAGO HA 4920 LARKSPUR DR, P.O. BOX 498, EAST CHICAGO, IN 46312 3 13,466 KY: LEXINGTON FAYETTE URBAN COUNTY 300 NEW CIRCLE ROAD, LEXINGTON, KY 40505 40 132,538 KY: PADUCAH HOUSING AUTHORITY 300 SOUTH FIFTH STREET, POST OFFICE BOX 2267, PADUCAH, KY 42002 42 159,934 MA: CAMBRIDGE HOUSING AUTHORITY 675 MASSACHUSETTS AVENUE, CAMBRIDGE, MA 02139 300 2,878,623 MA: QUINCY HOUSING AUTHORITY 80 CLAY STREET, QUINCY, MA 02170 335 2,399,784 MA: BROOKLINE HOUSING AUTHORITY 90 LONGWOOD AVE., BROOKLINE, MA 02146 207 4,250,695 MD: HSG AUTHORITY OF BALTIMORE CITY 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 48 205,560 MN: ST PAUL PHA 555 NORTH WABASHA, SUITE 400, ST. PAUL, MN 55102 20 38,974 MS: MISS REG H A II P.O. BOX 1887, OXFORD, MS 38655 73 176,193 MT: MT DEPARTMENT OF COMMERCE POB 200545 301 S. PARK, HELENA, MT 59620 30 86,134 NJ: JERSEY CITY HOUSING AUTHORITY 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 305 2,162,033 NJ: LAKEWOOD HOUSING AUTHORITY 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 72 568,774 NY: TOWN OF AMHERST C/O BELMONT HSG RESOURCES 1195 MAIN STREET, BUFFALO, NY 14209 246 837,711 NY: THE CITY OF NEW YORK 100 GOLD STREET, ROOM 501, NEW YORK, NY 10038 300 882,207 OH: TRUMBULL MHA 4076 YOUNGSTOWN ROAD SE., WARREN, OH 44484 66 155,470 OH: LORAIN MHA 1600 KANSAS AVENUE, LORAIN, OH 44052 32 193,920 OH: MEDINA MHA 850 WALTER ROAD, MEDINA, OH 44256 53 135,996 PA: ALLEGHENY COUNTY HSG AUTHORITY 625 STANWIX ST., 12TH FLOOR, PITTSBURGH, PA 15222 0 29,164 PA: HOUSING AUTH CO OF LAWRENCE 481 NESHANNOCK AVE., P.O. BOX 988, NEW CASTLE, PA 16103 1 1,931 PA: FRANKLIN CITY HOUSING AUTHORITY 1212 CHESTNUT STREET, FRANKLIN, PA 16323 24 44,437 VA: NEWPORT NEWS REDEVELOPMENT & HA P.O. BOX 797, NEWPORT NEWS, VA 23607 93 290,244 VA: ROANOKE REDEVELOPMENT & H/A P.O. BOX 6359 2624 SALEM TRNPK. NW., ROANOKE, VA 24017 0 142,587 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 15 69,754 Total for Pre-payment Vouchers 3,323 22,756,703 RAD—Conversion Assistance NJ: PATERSON HOUSING AUTHORITY 60 VAN HOUTEN STREET, PATERSON, NJ 07505 308 1,971,015 NJ: NEW JERSEY DEP OF COMM AFFAIRS 101 SOUTH BROAD STREET POST OFFICE BOX 051, TRENTON, NJ 08625 153 882,097 Total for RAD—Conversion Assistance 461 2,853,112 Rent Supplement—RAD CA: CITY OF LONG BEACH HSG AUTH 521 E. 4TH STREET, LONG BEACH, CA 90802 139 1,474,829 IL: DECATUR HOUSING AUTHORITY 1808 EAST LOCUST STREET, DECATUR, IL 62521 109 275,733 LA: SHREVEPORT HSG AUTHORITY 2500 LINE AVENUE, SHREVEPORT, LA 71104 18 84,097 MA: COMM DEV PROG COMM OF MA. E.O.C.D 100 CAMBRIDGE STREET, BOSTON, MA 02114 314 1,386,624 NJ: NEWARK HOUSING AUTHORITY 500 BROAD STREET, NEWARK, NJ 07102 93 777,699 NJ: JERSEY CITY HOUSING AUTHORITY 400 US HIGHWAY #1, JERSEY CITY, NJ 07306 99 477,511 NJ: PATERSON HOUSING AUTHORITY 60 VAN HOUTEN STREET, PATERSON, NJ 07505 170 1,680,149 NJ: RAHWAY HOUSING AUTHORITY 165 GRAND AVENUE, RAHWAY, NJ 07065 19 84,116 NJ: LAKEWOOD HOUSING AUTHORITY 317 SAMPSON AVENUE, LAKEWOOD, NJ 08701 24 166,887 NJ: NEW JERSEY DEP OF COMM AFFAIRS 101 SOUTH BROAD STREET, POST OFFICE BOX 051, TRENTON, NJ 08625 441 2,179,298 NY: ALBANY HOUSING AUTHORITY 200 SOUTH PEARL, ALBANY, NY 12202 124 190,869 NY: NYS HSG TRUST FUND CORPORATION 38-40 STATE STREET, ALBANY, NY 12207 0 520,418 Total for Rent Supplement—RAD 1,550 9,298,230 Termination/Opt-out Vouchers AR: MISSISSIPPI COUNTY PUBLIC FACI BOARD 810 WEST KEISER, OSCEOLA, AR 72370 8 22,543 CA: COUNTY OF SAN BERNARDINO HSG AUTH 715 E. BRIER DRIVE, SAN BERNARDINO, CA 92408 30 82,057 CA: CITY OF POMONA 505 S. GAREY AVENUE, P.O. BOX 660, POMONA, CA 91769 5 38,230 CA: CITY OF OCEANSIDE COMM 300 NORTH COAST HIGH NEVADA STREET ANNEX, OCEANSIDE, CA 92054 11 85,183 CO: HSG AUTH OF THE CITY AND COUNTY OF 777 GRANT STREET, DENVER, CO 80203 0 445,804 CT: WATERBURY HOUSING AUTHORITY 2 LAKEWOOD ROAD, WATERBURY, CT 06704 12 88,275 CT: CONNECTICUT DEPT OF HOUSING 505 HUDSON STREET, HARTFORD, CT 06106 28 89,621 DC: D.C. HOUSING AUTHORITY 1133 NORTH CAPITOL STREET NE., WASHINGTON, DC 20002 291 457,775 FL: HA TAMPA 1514 UNION ST., P.O. BOX 4766, TAMPA, FL 33607 52 219,299 FL: MIAMI DADE HOUSING AUTHORITY 701 NW. 1ST COURT, 16TH FLOOR, MIAMI, FL 33136 4 24,834 FL: ORANGE CO SECTION 8 525 EAST SOUTH STREET, P.O. BOX 38, ORLANDO, FL 32801 18 92,966 GA: HA MACON P.O. BOX 4928, 2015 FELTON AVENUE, MACON, GA 31208 112 611,762 IA: SOUTHERN IOWA REG HSG AUTHORITY 219 N. PINE, CRESTON, IA 50801 32 63,433 ID: IDAHO HSG AND FINANCE ASSOCIATION 565 W. MYRTLE STREET, P.O. BOX 7899, BOISE, ID 83707 0 14,016 KS: KANSAS CITY HOUSING AUTHORITY 1124 NORTH NINTH STREET, KANSAS CITY, KS 66101 108 502,728 MD: HSG AUTHORITY OF BALTIMORE CITY 417 EAST FAYETTE STREET, BALTIMORE, MD 21201 38 135,613 MD: HSG AUTH PRINCE GEORGE'S COUNTY 9200 BASIL COURT, 5TH FLOOR, LARGO, MD 20774 29 342,441 MD: HOWARD COUNTY HOUSING COMMISSION 6751 COLUMBIA GATEWAY DRIVE, 3RD FLOOR, COLUMBIA, MD 21046 61 395,964 MN: METROPOLITAN COUNCIL HRA 390 ROBERT STREET NORTH, ST. PAUL, MN 55101 48 352,757 NC: GREENSBORO HOUSING AUTHORITY P.O. BOX 21287, GREENSBORO, NC 27420 0 8,676 ND: STUTSMAN COUNTY HOUSING AUTHORITY 217 1ST AVENUE N., JAMESTOWN, ND 58401 3 5,894 ND: HOUSING AUTHORITY OF FOSTER COUNTY 55 16TH AVE. SOUTH, CARRINGTON, ND 58421 21 26,980 ND: MCHENRY/PIERCE COUNTY HSG AUTH C/O MINOT HOUSING AUTH, 108 BURDICK EXPRESSWAY, MINOT, ND 58701 7 27,559 NH: KEENE HOUSING AUTHORITY 831 COURT STREET, KEENE, NH 03431 18 95,070 NM: BERNALILLO COUNTY HSG DEPT 1900 BRIDGE BLVD. SW., ALBUQUERQUE, NM 87105 40 227,990 OH: HENRY MHA 1044 CHELSEA AVE., NAPOLEON, OH 43545 30 17,209 OK: OKLAHOMA HOUSING FINANCE AGENCY P.O. BOX 26720 100 NW., 63RD ST., SUITE 200, OKLAHOMA CITY, OK 73126 96 270,346 PA: ALLENTOWN HOUSING AUTHORITY 1339 ALLEN STREET, ALLENTOWN, PA 18102 20 48,031 PA: JOHNSTOWN HOUSING AUTHORITY 501 CHESTNUT ST., P.O. BOX 419, JOHNSTOWN, PA 15907 18 26,022 RQ: PUERTO RICO HOUSING FINANCE CORP CALL BOX 71361—GPO, SAN JUAN, PR 00936 76 235,726 SC: CITY OF SPARTANBURG H/A P.O. BOX 2828, SPARTANBURG, SC 29304 20 51,437 TN: MEMPHIS HOUSING AUTHORITY P.O. BOX 3664, MEMPHIS, TN 38103 22 94,340 TN: METRO DEVELOPMNT & HSG AGNCY 701 SOUTH SIXTH STREET, P.O. BOX 846, NASHVILLE, TN 37202 110 494,386 TX: HOUSING AUTHORITY OF EL PASO 5300 PAISANO, EL PASO, TX 79905 6 21,468 TX: CORPUS CHRISTI HOUSING AUTHORITY 3701 AYERS STREET, CORPUS CHRISTI, TX 78415 66 230,750 TX: HOUSING AUTHORITY OF WACO 4400 COBBS DRIVE, WACO, TX 76703 96 382,080 TX: GRAND PRAIRIE HSNG & COMM DEV P.O. BOX 534045 201 NW. 2ND. ST., SUITE 150, GRAND PRAIRIE, TX 75053 85 398,977 WA: SEATTLE HOUSING AUTHORITY 120 SIXTH AVENUE NORTH, P.O. BOX 19028, SEATTLE, WA 98109 0 30,062 WA: KING COUNTY HOUSING AUTHORITY 600 ANDOVER PARK WEST, SEATTLE, WA 98188 40 35,366 WA: HSG AUTHORITY OF SNOHOMISH COUNTY 12625 4TH AVE. W., SUITE 200, EVERETT, WA 98204 44 194,185 WI: DUNN COUNTY HA 1421 STOUT ROAD, MENOMONIE, WI 54751 6 11,753 WI: WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY P.O. BOX 1728, MADISON, WI 53701 5 14,422 WV: PARKERSBURG HOUSING AUTHORITY 1901 CAMERON AVENUE, PARKERSBURG, WV 26101 25 37,045 WV: JACKSON HOUSING AUTHORITY WHISPERING WAY—TANGLEWOOD VILL, RIPLEY, WV 25271 3 5,053 WY: HSG AUT OF THE CITY OF CHEYENNE 3304 SHERIDAN AVENUE, CHEYENNE, WY 82009 9 26,987 Total for Termination/Opt-out Vouchers 1,753 7,083,115 Total for Multifamily Housing TPVs 13,837 81,395,847 CPD TPVs SRO—Relocation/Replacement ND: BURLEIGH COUNTY HOUSING AUTHORITY 410 SOUTH 2ND STREET, BISMARCK, ND 58504 23 104,013 OH: CUYAHOGA MHA 8120 KINSMAN ROAD, CLEVELAND, OH 44104 1 6,427 Total for SRO—Relocation/Replacement 24 110,440 Total for CPD TPVs 24 110,440 Grand Total 16,515 96,743,318
    [FR Doc. 2016-07070 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5916-N-07] 60-Day Notice of Proposed Information Collection: Public Housing Reform Act: Changes to Admission and Occupancy Requirements AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: May 31, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Arlette Mussington, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW., (L'Enfant Plaza, Room 2206), Washington, DC 20410; telephone 202-402-4109, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Mussington.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Public Housing Reform Act: Changes to Admission and Occupancy Requirements.

    OMB Approval Number: 2577-0230.

    Type of Request: Revision of currently approved collection.

    Form Number: N/A.

    Description of the need for the information and proposed use:

    The purpose of this information collection submission is to implement the requirement that public housing agencies have available upon request, their respective admission and occupancy policies for both the public and the Department of Housing and Urban Development. Public housing authorities must have on hand and available for inspection policies related to admission and continued occupancy, so as to respond to inquiries from tenants, legal-aid services, HUD, and other interested parties informally or through the Freedom of Information Act. Written documentation of policies relating to public housing and Section 8 assistance programs implemented under the Quality Housing and Work Responsibility Act of 1998, such as eligibility for admission and continued occupancy, local preferences, and rent determination, must be maintained and made available by public housing authorities.

    The collection of information implements changes to the admission and occupancy requirements for the public housing and Section 8 assisted housing programs made by the Quality Housing and Work Responsibility (QHWRA) Act 1998, (Title V of the FY 1999 HUD appropriations Act, Public Law 105-276, 112 Stat. 2518, approved October 21, 1998), which amended the United States Housing Act of 1937. QHWRA made comprehensive changes to HUD's public housing, Section 8 programs. Some of the changes made by the 1998 Act (i.e., QHWRA) affect public housing only and others affect the Section 8 and public housing programs. These changes cover choice of rent, community service and self-sufficiency in public housing; and admission preferences and determination of income and rent in public housing and Section 8 housing assistance programs.

    Revisions are made to this collection to reflect adjustments in calculations based on the total number of current, active public housing agencies (PHAs) to date. The number of active public housing agencies has changed from 4,058 to 3,946 since the last approved information collection. The number of PHAs can fluctuate due to a number of factors, including but not limited to the merging of two or more PHAs or the termination of the public housing and/or voucher programs.

    Respondents (i.e. affected public): State, Local or Tribal Government.

    Estimated Number of Respondents: 3,946.

    Estimated Number of Responses: 3,946.

    Frequency of Response: 1.

    Average Hours per Response: 24.

    Total Estimated Burdens: 94,704.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: March 22, 2016. Merrie Nichols-Dixon, Deputy Director, Office of Policy, Programs and Legislative Initiatives.
    [FR Doc. 2016-07067 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5916-N-06] 60-Day Notice of Proposed Information Collection: Alternative Inspections—Housing Choice Voucher Program AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: May 31, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Arlette Mussington, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW., (L'Enfant Plaza, Room 2206), Washington, DC 20410; telephone 202-402-4109, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Mussington.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Alternative Inspections—Housing Choice Voucher Program.

    OMB Approval Number: Pending OMB approval.

    Type of Request: New Collection.

    Form Number: N/A.

    Description of the need for the information and proposed use: Under the Section 8 housing choice voucher rule, PHAs that elect to rely on an alternative inspection are required to meet the requirements of subpart I of the rule. If the inspection method and standard selected is other than HOME Investment Partnerships (HOME) program, Low-Income Housing Tax Credits (LIHTCs), or that performed by HUD, the PHA must submit a request to HUD. PHAs with approved alternative inspection standards must monitor changes to the standards and requirements of their method and if changes are made must submit to HUD a copy of the revised standards and requirements along with a revised comparison to HQS.

    Respondents (i.e., affected public): State, Local or Tribal Governments.

    Estimated Number of Respondents: 2280.

    Estimated Number of Responses: 33.

    Frequency of Response: 1.

    Average Hours per Response: 4.

    Total Estimated Burdens: 149 hours.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: March 22, 2016. Merrie Nichols-Dixon, Deputy Director, Office of Policy, Programs and Legislative Initiatives.
    [FR Doc. 2016-07068 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5915-N-02] 60 Day Notice of Proposed Information Collection for Public Comment on the: ConnectHome Use and Barriers Focus Groups AGENCY:

    Office of Policy Development and Research, HUD.

    ACTION:

    Notice of proposed information collection.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: May 31, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: ConnectHome Use and Barriers Focus Groups.

    OMB Approval Number: Pending.

    Type of Request: New.

    Form Number: Focus groups.

    Description of the need for the information and proposed use: President Barack Obama and HUD Secretary Julián Castro announced ConnectHome on July 15, 2015, as the next step in the Obama Administration's efforts to increase access to high-speed Internet access for all Americans. Through public-private partnerships, nonprofit organizations, businesses, and Internet service providers (ISPs), ConnectHome will offer high-speed Internet service, devices, technical training, and digital literacy programs to residents of HUD-assisted housing in 28 pilot communities, including the Choctaw Nation of Oklahoma.

    As communities begin to implement ConnectHome in 2016 and connect residents to Internet access within their homes, these focus groups will illuminate how families are taking advantage of ConnectHome as well as barriers they may encounter. The focus groups will explore ConnectHome subscribers' previous broadband access, current and planned patterns of use, and current and anticipated benefits of their at-home high-speed Internet access. Questions will emphasize educational Internet use such as completing homework, connecting parents with educators, and applying to college. In addition, the focus groups will explore barriers to signing up for ConnectHome, securing devices, and using the Internet.

    Respondents (i.e. affected public): ConnectHome-eligible residents in 5 of the 28 pilot communities.

    Estimated Number of Respondents: 45 total—9 respondents each at 5 ConnectHome sites.

    Frequency of Response: One time.

    Average Hours per Response: 1.5 hours.

    Total Estimated Burden: 67.5 hours.

    Respondents' Obligation: Voluntary.

    B. Solicitation of Public Comment

    This notice solicits comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: March 22, 2016. Katherine M. O'Regan, Assistant Secretary, Office of Policy Development and Research.
    [FR Doc. 2016-07063 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5909-N-20] 30-Day Notice of Proposed Information Collection: Public Housing Operating Fund Program: Operating Budget and Related Form AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: April 28, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on January 6, 2016 at 81 FR 510.

    A. Overview of Information Collection

    Title of Information Collection: Public Housing Operating Fund Program: Operating Budget and Related Form.

    OMB Approval Number: 2577-0026.

    Type of Request: Extension of a currently approved collection.

    Form Number: HUD-52574.

    Description of the need for the information and proposed use: The operating budget and related form are submitted by PHAs for the low-income housing program. The operating budget provides a summary of proposed budget receipts and expenditures by major category, as well as blocks for indicating approval of budget receipts and expenditures by the PHAs and HUD. The related form provides a record of PHA Board approval of how the amount shown on the operating budget were derived, as well as the justification of certain specified amounts. The information is reviewed by HUD to determine if the plan of operation adopted by the PHAs and amounts included therein are reasonable for the efficient and economical operation of the development(s), and the PHAs are in compliance with HUD's procedures to assure that sound management practices will be followed in the operation of the development. PHAs are still required to prepare their operating budgets and submit them to their Board for approval prior to their operating subsidy being approved by HUD. The operating budgets must be kept on file for review, if requested.

    Respondents (i.e. affected public): State, Local or Tribal Government.

    Estimated Number of Respondents: 3,041.

    Estimated Number of Responses: 3,041.

    Frequency of Response: 1.

    Average Hours per Response: .17.

    Total Estimated Burdens: 517.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: March 23, 2016. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-07066 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5909-N-23] 30-Day Notice of Proposed Information Collection: Evaluation of the Jobs Plus Pilot Program AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: April 28, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on December 28, 2015 at 80 FR 80790.

    A. Overview of Information Collection

    Title of Information Collection: Evaluation of the Jobs Plus Pilot Program.

    OMB Approval Number: 2528-New.

    Type of Request: New collection.

    Form Number: None.

    Description of the need for the information and proposed use: HUD's 2014 Appropriations included funding to support the implementation of the Jobs Plus Pilot Program, a place-based program designed to increase work and earnings among public housing residents. Nine public housing agencies (PHAs) were awarded grant funds in the Spring of 2015, and will implement the Jobs Plus program over a period of four years. The program as designed includes three core components: (1) Employment-related services, (2) financial incentives—the Jobs Plus Earned Income Disregard (JPEID), and (3) community supports for work. The Jobs Plus program seeks to replicate the model tested under the Jobs Plus Demonstration back in the 1990s and early 2000, which led to sustained growth in earned income among residents at sites that fully implemented the program. This current generation of the Jobs Plus program, however, will differ from the Jobs Plus demonstration in some important ways—first, the current iteration of the program will benefit from a more robust financial incentive, and second, the program will be implemented almost twenty years after the initial demonstration, in a very different employment market. Because of these important variations, HUD is supporting an evaluation of the Jobs Plus Pilot program, with the goal of documenting the programs established by the Jobs Plus Pilot Program grantees and laying the groundwork for future evaluative work that will seek to document the impact of the program, both on the program participants, as well as the entire target development. Specific research objectives include, but are not limited to: Describing the set of activities and partnerships established by grantees under core program components; describing the amount and type of leveraged resources accessed by each grantee; describing the extent to which grantees are successful at engaging a high percentage of residents in some aspect of program participation; documenting the ease with which PHAs implemented the JPEID; and documenting the costs of implementing and operating the Jobs Plus program. Data to be analyzed during the evaluation include administrative data, as well as data collected directly from PHAs, Jobs Plus program administrators, partners and staff, as well as residents of developments where Jobs Plus is being implemented. This request for OMB clearance includes the data collection instruments that will be utilized during two separate rounds of site visits to each of the nine program sites, including a site visit interview guide and a focus group discussion guide.

    Respondents (i.e. affected public): PHAs administering the Jobs Plus Pilot program, Jobs Plus Pilot program community partners, and residents of participating developments.

    Form Respondent sample Number of
  • respondents
  • Average time to complete (minimum, maximum) in minutes Frequency Total burden
  • (hours)
  • Site Visit Interview Guide #1 12 staff and stakeholders from all 9 Jobs Plus sites 108 90 (75-105) 1 162 Focus Group Discussion Guide #1 15 residents at each of the 9 Jobs Plus sites 135 90 (50-70) 1 202.5 Site Visit Interview Guide #1 12 staff and stakeholders from all 9 Jobs Plus sites 108 90 (75-105) 1 162 Focus Group Discussion Guide #2 15 residents at each of the 9 Jobs Plus sites 135 90 (50-70) 1 202.5 Total Burden Hours 729
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: March 23, 2016. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-07064 Filed 3-28-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR United States Geological Survey [GX16EN05ESB0500] Announcement of Advisory Committee on Climate Change and Natural Resource Science Meeting AGENCY:

    U.S. Geological Survey, Department of the Interior.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. App. 2, we announce that the Advisory Committee on Climate Change and Natural Resource Science will hold a meeting.

    DATES:

    Meeting: The meeting will be held as follows: Tuesday, April 19, 2016, from 9:00 a.m. to 5:15 p.m.; and Wednesday, April 20, 2016 from 9:00 a.m. to 12:30 p.m. (All times Eastern Daylight Time).

    ADDRESSES:

    Corporation for Enterprise Development, 1200 G Street NW., Suite 400—Roosevelt Room, Washington, DC 20005.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Robin O'Malley, Designated Federal Officer, Policy and Partnership Coordinator, National Climate Change and Wildlife Science Center, U.S. Geological Survey, 12201 Sunrise Valley Drive, Mail Stop 516, Reston, VA 20192, [email protected], (703) 648-4086.

    SUPPLEMENTARY INFORMATION:

    Chartered in May 2013, the Advisory Committee on Climate Change and Natural Resource Science (ACCCNRS) advises the Secretary of the Interior on the establishment and operations of the U.S. Geological Survey (USGS) National Climate Change and Wildlife Science Center (NCCWSC) and the Department of th